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person is disqualified by virtue of sub-paragraph (1) in | |
relation to a licence to provide that service only if he would | |
be so disqualified disregarding paragraph (c) of that sub- | |
paragraph.” | |
(2) In section 142 of the Local Government Act 1972 (c. 70) (provision by local | 5 |
authorities of information relating to their activities), after subsection (1A) | |
there shall be inserted— | |
“(1AA) A local authority may— | |
(a) for the purpose of broadcasting or distributing information | |
falling within subsection (1AB), provide an electronic | 10 |
communications network or electronic communications | |
service, or | |
(b) arrange with the provider of such a network or service for the | |
broadcasting or distribution of such information by means of | |
the network or service. | 15 |
(1AB) Information falls within this subsection, in relation to a local authority, | |
if it is one or both of the following— | |
(a) information concerning the services within the area of the | |
authority that are provided either by the authority themselves | |
or by other authorities mentioned in subsection (1B) below; | 20 |
(b) information relating to the functions of the authority. | |
(1AC) Nothing in subsection (1AA) entitles a local authority to do anything in | |
contravention of a requirement or restriction imposed by or under— | |
(a) the Wireless Telegraphy Act 1949, | |
(b) the Broadcasting Act 1990, | 25 |
(c) the Broadcasting Act 1996, or | |
(d) the Communications Act 2003, | |
and in that subsection ‘electronic communications network’ and | |
‘electronic communications service’ each has the same meaning as in | |
the Communications Act 2003.” | 30 |
(3) In section 2(1) of the Local Government Act 1986 (c. 10) (restriction on | |
publication by a local authority of material designed to affect support for a | |
political party), after “publish” there shall be inserted “, or arrange for the | |
publication of,”. | |
342 Relaxation of licence-holding restrictions | 35 |
(1) Parts 3 to 5 of Schedule 2 to the 1990 Act (restrictions on accumulations of | |
interests and on licence holding by newspaper proprietors and public | |
telecommunications providers) shall cease to have effect. | |
(2) In each of sections 5 and 88 of the 1990 Act and of sections 5 and 44 of the 1996 | |
Act (under which the provisions of Schedule 2 to the 1990 Act are given effect), | 40 |
for paragraph (b) of subsection (1) there shall be substituted— | |
“(b) that a person does not become the holder of a licence if | |
requirements imposed by or under Schedule 14 to the | |
Communications Act 2003 would be contravened were he to do | |
so; and | 45 |
(c) that those requirements are not contravened in the case of a | |
person who already holds a licence.” | |
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(3) Schedule 14 (which provides for the imposition of requirements which, in the | |
case of Channel 3 services and certain radio services, replace those imposed by | |
or under Parts 3 and 4 of Schedule 2 to the 1990 Act) shall have effect. | |
(4) The Secretary of State must not by order under section 403 appoint a day falling | |
before the commencement day for paragraph 11 of Schedule 14 as the day for | 5 |
the coming into force of the repeal by this Act of any of the provisions of Parts | |
3 and 4 of Schedule 2 to the 1990 Act so far as they relate to the holding of | |
licences for the provision of any local services (within the meaning of Part 3 of | |
that Act). | |
(5) The Secretary of State must not by order under section 403 appoint a day falling | 10 |
before the commencement day for paragraph 12 of Schedule 14 as the day for | |
the coming into force of the repeal by this Act of any of the provisions of Parts | |
3 and 4 of Schedule 2 to the 1990 Act so far as they relate to the holding of local | |
digital sound programme licences or the provision of local digital sound | |
programme services. | 15 |
(6) In this section “the commencement day”, in relation paragraph 11 or 12 of | |
Schedule 14, means the day on which the first order to be made under that | |
paragraph comes into force. | |
343 Restrictions relating to nominated news providers | |
(1) In subsection (9) of section 32 of the 1990 Act (limits on participation in | 20 |
nominated news providers), for “20 per cent.” there shall be substituted “40 per | |
cent.”. | |
(2) For subsection (10) of that section (connected persons treated as one person) | |
there shall be substituted— | |
“(10) A limit imposed in accordance with subsection (9) shall have effect— | 25 |
(a) in relation to a participant who holds a regional Channel 3 | |
licence, as if the persons holding such licences, together with the | |
persons connected with each of them, were all one person; and | |
(b) in relation to any other participant, as if he and the persons | |
connected with him were one person.” | 30 |
(3) The Secretary of State may by order make provision— | |
(a) for repealing any of the provisions of subsections (8) to (11) of section | |
32 of the 1990 Act, or all of them; or | |
(b) for making such other modifications of those subsections as he thinks | |
fit. | 35 |
(4) Before making an order under subsection (3) (other than one that is confined to | |
giving effect to recommendations made by OFCOM in a report of a review | |
under section 384), the Secretary of State must consult OFCOM. | |
(5) No order is to be made containing provision authorised by subsection (3) | |
unless a draft of the order has been laid before Parliament and approved by a | 40 |
resolution of each House. | |
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Changes of control | |
344 Changes of control of Channel 3 services | |
(1) The regulatory regime for every Channel 3 service provided by a body | |
corporate includes— | |
(a) a condition requiring the licence holder to give OFCOM advance | 5 |
notification of any proposals known to the body that may give rise to a | |
relevant change of control; and | |
(b) a condition requiring the licence holder to provide OFCOM, in such | |
manner and at such times as they may reasonably require, with such | |
information as they consider necessary for the purposes of exercising | 10 |
their functions under this section and section 345. | |
(2) OFCOM must carry out a review where— | |
(a) they receive notification, in accordance with a condition of a Channel 3 | |
licence, of proposals that may give rise to a relevant change of control; | |
or | 15 |
(b) a relevant change of control takes place (whether or not that change has | |
been previously notified to OFCOM). | |
(3) The review shall be a review of the effects or likely effects, in relation to the | |
matters mentioned in subsections (4) to (7), of— | |
(a) the change to which the proposals may give rise; or | 20 |
(b) the change that has taken place. | |
(4) The matters mentioned in this subsection are— | |
(a) the extent to which time available for broadcasting programmes | |
included in the service is allocated to programmes of each of the | |
following descriptions— | 25 |
(i) original productions; | |
(ii) news programmes; and | |
(iii) current affairs programmes; | |
(b) the extent to which programmes of each of those descriptions that are | |
included in the service are broadcast at peak viewing times. | 30 |
(5) The matters mentioned in this subsection are— | |
(a) the extent to which Channel 3 programmes made in the United | |
Kingdom that are included in the service are programmes made | |
outside the M25 area; | |
(b) the range of Channel 3 programmes made in the United Kingdom | 35 |
outside that area that are included in the service; | |
(c) the extent to which the expenditure of the provider of the service on | |
Channel 3 programmes is referable to programme production at | |
different production centres outside the M25 area; | |
(d) the range of different such production centres to which that | 40 |
expenditure is referable. | |
(6) The matters mentioned in this subsection are— | |
(a) the quality and range of regional programmes included in the service; | |
(b) the quality and range of other programmes included in the service | |
which contribute to the regional character of the service; | 45 |
(c) the quality and range of the programmes made available by the licence | |
holder for the purposes of inclusion in the nationwide system of | |
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(c) services referred to in section 14(1) of the 1990 Act (nationwide Channel | |
3 service). | |
(7) The matters mentioned in this subsection are— | |
(a) the amount of time given, in the programmes included in the service— | |
(i) to regional programmes; and | 5 |
(ii) to programmes included in the service which contribute to the | |
regional character of the service; | |
(b) the proportion of regional programmes included in the service which | |
are made within the area for which the service is provided; | |
(c) the extent of the use, in connection with the service, of the services of | 10 |
persons employed (whether by the licence holder or any other person) | |
within that area; | |
(d) the extent to which managerial or editorial decisions relating to | |
programmes to be included in the service are taken by persons so | |
employed within that area. | 15 |
(8) In relation to a national Channel 3 service, subsections (3) to (7) have effect as | |
if— | |
(a) subsection (5) applied only where the service is subject to conditions | |
imposed by virtue of a decision of OFCOM under section 281(2) or | |
OFCOM otherwise consider, having regard to the nature of the service, | 20 |
that it is appropriate to consider the matters mentioned in that | |
subsection; | |
(b) references to regional programmes were references to programmes | |
which are regional programmes (within the meaning of section 282) in | |
relation to that service and are included in it in accordance with a | 25 |
condition imposed under subsection (4)(a) of that section; | |
(c) references to the regional character of the service were references to the | |
regional character of parts of the service; | |
(d) subsection (6)(c) of this section were omitted; and | |
(e) references, in relation to programmes such as are mentioned in | 30 |
paragraph (b), to the area for which the service is provided were | |
references to the part of that area where the people are living to whom | |
those programmes are likely to be of particular interest. | |
(9) Where OFCOM carry out a review under subsection (2), they must publish a | |
report of that review— | 35 |
(a) setting out their conclusions; and | |
(b) specifying any steps which they propose to take under section 345. | |
(10) In this section— | |
“Channel 3 programmes” and “expenditure” each has the same meaning | |
as in section 281; | 40 |
“original production” has the same meaning as in section 274; | |
“peak viewing time”— | |
(a) in relation to original productions, means a time determined by | |
OFCOM for the purposes of section 274 to be a peak viewing | |
time for the service in question; and | 45 |
(b) in relation to news programmes or current affairs programmes, | |
means a time so determined for the purposes of section 275; | |
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“regional programme”, in relation to a Channel 3 service, means (subject | |
to subsection (8)) a programme (including a news programme) which | |
is of particular interest— | |
(a) to persons living within the area for which the service is | |
provided; | 5 |
(b) to persons living within a part of that area; or | |
(c) to particular communities living within that area; | |
“relevant change of control” means a change in the persons having control | |
over— | |
(a) a body holding the licence to provide a Channel 3 service; or | 10 |
(b) any body which— | |
(i) is connected with a body holding such a licence; and | |
(ii) appears to OFCOM to be involved, to any extent, in the | |
provision of programmes for inclusion in the service | |
provided under that licence, or to be likely to be so | 15 |
involved. | |
(11) Expressions used in this section and in Part 1 of Schedule 2 to the 1990 Act | |
(restrictions on licence holders) have the same meanings in this section as in | |
that Part. | |
345 Action following review under s. 344 | 20 |
(1) If, on a review under subsection (2) of section 344, it appears to OFCOM that | |
the relevant change of control is or would be prejudicial to one or more of the | |
matters mentioned in subsections (4) to (6) of that section, they shall vary the | |
licence in accordance with subsection (2). | |
(2) The variation— | 25 |
(a) must be made with a view to ensuring that the relevant change of | |
control is not prejudicial to any of the matters so mentioned; and | |
(b) must be a variation for the inclusion in the licence of such conditions | |
relating to any of those matters as they consider appropriate. | |
(3) If it appears to OFCOM, having regard to the matters mentioned in subsection | 30 |
(7) of section 344— | |
(a) that the proposed change of control would be prejudicial to the regional | |
character of the service or (as the case may be) of any parts of it, or | |
(b) that the actual change of control is so prejudicial, | |
they may vary the licence so as to include in it such conditions relating to any | 35 |
of those matters as they consider appropriate. | |
(4) Subject to subsection (5), any new or varied condition imposed under this | |
section in relation to any matter may be more onerous than the conditions | |
relating to that matter having effect before the relevant change of control. | |
(5) A variation under this section must not provide for the inclusion of a new or | 40 |
varied condition in a licence unless the new condition, or the condition as | |
varied, is one which (with any necessary modifications) would have been | |
satisfied by the licence holder throughout the twelve months immediately | |
before the relevant date. | |
(6) In subsection (5) “the relevant date” is the date of the relevant change of control | 45 |
or, if earlier, the date on which OFCOM exercise their powers under this | |
section. | |
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(7) A variation of a licence under this section shall be effected by the service of a | |
notice of the variation on the licence holder. | |
(8) OFCOM are not to serve a notice of a variation under this section unless they | |
have given the body on whom it is served a reasonable opportunity, after the | |
publication of the report of the review under section 344, of making | 5 |
representations to them about the variation. | |
(9) Where, in a case of a proposed change of control, a notice varying a licence | |
under this section is served before the change to which it relates takes place, the | |
variation is not to take effect until the change takes place. | |
(10) A condition included in a licence by a variation under this section may be | 10 |
further varied by OFCOM either— | |
(a) with the consent of the licence holder; or | |
(b) in any other case, after complying with the requirements of section | |
3(4)(b) of the 1990 Act (variation after giving opportunity for | |
representations by the licence holder). | 15 |
(11) Expressions used in this section and section 344 have the same meanings in this | |
section as in that. | |
346 Changes of control of Channel 5 | |
(1) The regulatory regime for Channel 5 includes, in every case where it is | |
provided by a body corporate— | 20 |
(a) a condition requiring the licence holder to give OFCOM advance | |
notification of any proposals known to the body that may give rise to a | |
relevant change of control; and | |
(b) a condition requiring the licence holder to provide OFCOM, in such | |
manner and at such times as they may reasonably require, with such | 25 |
information as they consider necessary for the purposes of exercising | |
their functions under this section and section 347. | |
(2) OFCOM must carry out a review where— | |
(a) they receive notification, in accordance with a condition of the licence | |
to provide Channel 5, of proposals that may give rise to a relevant | 30 |
change of control; or | |
(b) a relevant change of control takes place (whether or not that change has | |
been previously notified to OFCOM). | |
(3) The review shall be a review of the effects or likely effects, in relation to the | |
matters mentioned in subsections (4) and (5), of— | 35 |
(a) the change to which the proposals may give rise; or | |
(b) the change that has taken place. | |
(4) The matters mentioned in this subsection are— | |
(a) the extent to which time available for broadcasting programmes | |
included in Channel 5 is allocated to programmes of each of the | 40 |
following descriptions— | |
(i) original productions; | |
(ii) news programmes; and | |
(iii) current affairs programmes; | |
(b) the extent to which programmes of each of those descriptions that are | 45 |
included in that Channel are broadcast at peak viewing times. | |
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(5) The matters mentioned in this subsection are— | |
(a) the extent to which programmes made in the United Kingdom that are | |
included in the service are programmes made outside the M25 area; | |
(b) the range of programmes made in the United Kingdom outside that | |
area that are included in Channel 5; | 5 |
(c) the extent to which the expenditure of the provider of Channel 5 on | |
programmes made in the United Kingdom is referable to programme | |
production at different production centres outside the M25 area; | |
(d) the range of different such production centres to which that | |
expenditure is referable. | 10 |
(6) Where OFCOM carry out a review under subsection (2), they must publish a | |
report of that review— | |
(a) setting out their conclusions; and | |
(b) specifying any steps which they propose to take under section 347. | |
(7) In this section— | 15 |
“expenditure”, in relation to a programme, means— | |
(a) expenditure which constitutes an investment in or is otherwise | |
attributable to the making of the programme; or | |
(b) expenditure on the commissioning or other acquisition of the | |
programme or on the acquisition of a right to include it in a | 20 |
service or to have it broadcast; | |
“original production” has the same meaning as in section 274; | |
“peak viewing time”— | |
(a) in relation to original productions, means a time determined by | |
OFCOM for the purposes of section 274 to be a peak viewing | 25 |
time for Channel 5; and | |
(b) in relation to news programmes or current affairs programmes, | |
means a time so determined for the purposes of section 275; | |
“relevant change of control” means a change in the persons having control | |
over— | 30 |
(a) a body holding a licence to provide Channel 5; or | |
(b) any body which— | |
(i) is connected with a body holding such a licence; and | |
(ii) appears to OFCOM to be involved, to any extent, in the | |
provision of programmes for inclusion in that channel, or | 35 |
to be likely to be so involved. | |
(8) Expressions used in this section and in Part 1 of Schedule 2 to the 1990 Act | |
(restrictions on licence holders) have the same meanings in this section as in | |
that Part. | |
347 Action following review under s. 346 | 40 |
(1) If, on a review under subsection (2) of section 346, it appears to OFCOM that | |
the relevant change of control is or would be prejudicial to one or more of the | |
matters mentioned in subsections (4) and (5) of that section, they shall vary the | |
licence in accordance with subsection (2). | |
(2) The variation— | 45 |
(a) must be made with a view to ensuring that the relevant change of | |
control is not prejudicial to any of the matters so mentioned; and | |
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