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(f) a national digital sound programme licence (within the | |
meaning given by section 60 of the 1996 Act for the purposes | |
of Part 2 of that Act); | |
(g) a local digital sound programme licence (within the meaning | |
given by that section for those purposes); | 5 |
(h) a digital additional services licence (within the meaning | |
given by section 64 of the 1996 Act for the purposes of Part 2 | |
of that Act). | |
(5) OFCOM must publish guidance for persons making applications to | |
them under this paragraph as to the principles that they will apply | 10 |
when determining for the purposes of sub-paragraph (2) what is | |
appropriate. | |
(6) OFCOM must have regard to guidance for the time being in force | |
under sub-paragraph (5) when making determinations under this | |
paragraph. | 15 |
(7) OFCOM may revise any guidance under sub-paragraph (5) by | |
publishing their revisions of it. | |
(8) The publication of guidance under sub-paragraph (5), or of any | |
revisions of it, is to be in whatever manner OFCOM consider | |
appropriate.” | 20 |
(4) In paragraph 4(2)(b) of that Part (bodies that are relevant bodies for the | |
purposes of general disqualification on grounds of undue influence) for “as | |
mentioned in paragraph (a)(i) or (ii) above” there shall be substituted— | |
“(i) by a person falling within paragraph 1(1)(c) to (g) | |
above; | 25 |
(ii) by a person falling within paragraph 3 above; or | |
(iii) by two or more persons taken together each of whom | |
falls within sub-paragraph (i) or (ii) (whether or not | |
they all fall within the same sub-paragraph).” | |
(5) The Secretary of State may by order make provision— | 30 |
(a) for repealing paragraph 2 or 2A of Part 2 of Schedule 2 to the 1990 Act, | |
or both of them; or | |
(b) for making such other modifications of either or both of those | |
paragraphs as he thinks fit. | |
(6) Before making an order under subsection (5) (other than one that is confined to | 35 |
giving effect to recommendations made by OFCOM in a report of a review | |
under section 377), the Secretary of State must consult OFCOM. | |
(7) No order is to be made containing provision authorised by subsection (5) | |
unless a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | 40 |
336 Licence holding by local authorities | |
(1) In Part 2 of Schedule 2 to the 1990 Act (disqualification from holding licences), | |
in paragraph 1 (which includes a disqualification for local authorities)— | |
(a) in sub-paragraph (1), for “sub-paragraph (2)” there shall be substituted | |
“sub-paragraph (1A)”; and | 45 |
(b) after that sub-paragraph there shall be inserted— | |
| |
| |
|
| |
| |
“(1A) Where a service is provided exclusively for the purposes of | |
the carrying out of the functions of a local authority under | |
section 142 of the Local Government Act 1972 (provision by | |
local authorities of information relating to their activities), a | |
person is disqualified by virtue of sub-paragraph (1) in | 5 |
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 | |
authorities of information relating to their activities), after subsection (1A) | 10 |
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 | |
communications network or electronic communications | 15 |
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. | |
(1AB) Information falls within this subsection, in relation to a local authority, | 20 |
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; | |
(b) information relating to the functions of the authority. | 25 |
(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, | |
(c) the Broadcasting Act 1996, or | 30 |
(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.” | |
(3) In section 2(1) of the Local Government Act 1986 (c. 10) (restriction on | 35 |
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,”. | |
337 Relaxation of licence-holding restrictions | |
(1) Parts 3 to 5 of Schedule 2 to the 1990 Act (restrictions on accumulations of | 40 |
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), | |
for paragraph (b) of subsection (1) there shall be substituted— | 45 |
“(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 | |
(c) that those requirements are not contravened in the case of a | |
person who already holds a licence.” | |
(3) Schedule 14 (which provides for the imposition of requirements which, in the | 5 |
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 395 appoint a day falling | |
before the commencement day for paragraph 11 of Schedule 14 as the day for | |
the coming into force of the repeal by this Act of any of the provisions of Parts | 10 |
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 395 appoint a day falling | |
before the commencement day for paragraph 12 of Schedule 14 as the day for | 15 |
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. | |
(6) In this section “the commencement day”, in relation paragraph 11 or 12 of | 20 |
Schedule 14, means the day on which the first order to be made under that | |
paragraph comes into force. | |
338 Restrictions relating to nominated news providers | |
(1) In subsection (9) of section 32 of the 1990 Act (limits on participation in | |
nominated news providers), for “20 per cent.” there shall be substituted “40 per | 25 |
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— | |
(a) in relation to a participant who holds a regional Channel 3 | 30 |
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.” | |
(3) The Secretary of State may by order make provision— | 35 |
(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. | |
(4) Before making an order under subsection (3) (other than one that is confined to | 40 |
giving effect to recommendations made by OFCOM in a report of a review | |
under section 377), 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 | |
resolution of each House. | 45 |
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Changes of control | |
339 Changes of control of Channel 3 services | |
(1) The regulatory regime for every regional 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 340. | |
(2) OFCOM must carry out a review where— | |
(a) they receive notification, in accordance with a condition of a regional | |
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) and (5), 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 quality or range of regional programmes included in the service; | |
(b) the quality or range of other programmes included in the service which | |
contribute to the regional character of the service; or | 25 |
(c) the quality or range of the programmes made available by the licence | |
holder for the purposes of inclusion in the nationwide system of | |
services referred to in section 14(1) of the 1990 Act (nationwide Channel | |
3 service). | |
(5) The matters mentioned in this subsection are— | 30 |
(a) the amount of time given, in the programmes included in the service— | |
(i) to regional programmes; or | |
(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 | 35 |
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 | |
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 | 40 |
programmes to be included in the service are taken by persons so | |
employed within that area. | |
(6) Where OFCOM carry out a review under subsection (2), they must publish a | |
report of that review— | |
(a) setting out their conclusions; and | 45 |
(b) specifying any steps which they propose to take under section 340. | |
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(7) In this section— | |
“regional programme”, in relation to a regional Channel 3 service, means | |
a programme (including a news programme) which is of particular | |
interest— | |
(a) to persons living within the area for which the service is | 5 |
provided; | |
(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— | 10 |
(a) a body holding the licence to provide a regional Channel 3 | |
service; 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 | 15 |
provision of programmes for inclusion in the service | |
provided under that licence, or 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 | 20 |
that Part. | |
340 Action following review under s. 339 | |
(1) If, on a review under subsection (2) of section 339, it appears to OFCOM that | |
the relevant change of control is or would be prejudicial to one or more of the | |
matters mentioned in subsection (4) of that section, they shall vary the licence | 25 |
in accordance with subsection (2). | |
(2) The variation— | |
(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 | 30 |
relating to any of those matters as they consider appropriate. | |
(3) If it appears to OFCOM, having regard to the matters mentioned in subsection | |
(5) of section 339— | |
(a) that the proposed change of control would be prejudicial to the regional | |
character of the service, or | 35 |
(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 | |
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 | 40 |
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 | |
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— | 45 |
(a) the three months immediately before the relevant date; or | |
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| |
|
| |
| |
(b) such other three month period as has been notified under subsection | |
(6). | |
(6) If OFCOM consider that the performance of the licence holder during the three | |
month period immediately preceding the relevant date is not typical of his | |
performance during the twelve months before the relevant date they— | 5 |
(a) may determine that subsection (5) is to apply by reference to such other | |
three month period falling within those twelve months as they may | |
determine; and | |
(b) must notify any determination under this subsection to the licence | |
holder. | 10 |
(7) In subsection (5) “the relevant date” is the date of the relevant change of control | |
or, if earlier, the date on which OFCOM exercise their powers under this | |
section. | |
(8) A variation of a licence under this section shall be effected by the service of a | |
notice of the variation on the licence holder. | 15 |
(9) 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 339, of making | |
representations to them about the variation. | |
(10) Where, in a case of a proposed change of control, a notice varying a licence | 20 |
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. | |
(11) A condition included in a licence by a variation under this section may be | |
further varied by OFCOM either— | |
(a) with the consent of the licence holder; or | 25 |
(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). | |
(12) Expressions used in this section and section 339 have the same meanings in this | |
section as in that. | 30 |
341 Variation of local licence following change of control | |
(1) The regulatory regime for every local sound broadcasting service provided by | |
a body corporate includes— | |
(a) a condition requiring the licence holder to give OFCOM advance | |
notification of any proposals known to it that may give rise to a relevant | 35 |
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 | |
their functions under this section and section 342. | 40 |
(2) OFCOM must carry out a review where— | |
(a) they receive notification, in accordance with a condition of a local | |
sound broadcasting licence, of proposals that may give rise to a | |
relevant change of control; or | |
(b) a relevant change of control takes place (whether or not that change has | 45 |
been previously notified to OFCOM). | |
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(3) The review shall be a review of the effects or likely effects, in relation to the | |
matters mentioned in subsection (4), of— | |
(a) the change to which the proposals may give rise; or | |
(b) the change that has taken place. | |
(4) Those matters are— | 5 |
(a) the quality or range of programmes included in the service; | |
(b) the character of the service; and | |
(c) the extent to which OFCOM’s duty under section 302 is performed in | |
relation to the service. | |
(5) Where OFCOM carry out a review under subsection (2), they must publish a | 10 |
report of that review— | |
(a) setting out their conclusions; and | |
(b) specifying any steps which they propose to take under section 342. | |
(6) In this section “relevant change of control” means a change in the persons | |
having control over— | 15 |
(a) a body holding the licence to provide a local sound broadcasting | |
service; 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 | 20 |
provision of programmes for inclusion in the service provided | |
under that licence, or to be likely to be so involved. | |
(7) Expressions used in this section and in Schedule 2 to the 1990 Act (restrictions | |
on licence holders) have the same meanings in this section as in that Schedule. | |
342 Action following review under section 341 | 25 |
(1) If, on a review under section 341, it appears to OFCOM that the relevant change | |
of control is or would be prejudicial to one or more of the matters mentioned | |
in subsection (4) of that section, they must vary the local licence in accordance | |
with subsection (2). | |
(2) The variation— | 30 |
(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) Subject to subsection (4), any new or varied condition imposed under this | 35 |
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. | |
(4) A variation under this section must not provide for the inclusion of any new or | |
varied condition in a licence unless the new condition, or the condition as | |
varied, is one which (with any necessary modifications) would have been | 40 |
satisfied by the licence holder throughout— | |
(a) the three months immediately before the relevant date; or | |
(b) such other three month period as has been notified under subsection | |
(5). | |
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