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372 Monitoring role for OFT in relation to newspaper mergers | |
After section 119A of the Enterprise Act 2002 (c. 40) there shall be inserted— | |
“119B Monitoring role for OFT in relation to newspaper mergers | |
(1) The OFT has the function of obtaining, compiling and keeping under | |
review information about matters which may be relevant to the | 5 |
Secretary of State in deciding whether to give a special intervention | |
notice mentioning a consideration specified in section 58(2A) or (2B). | |
(2) That function is to be carried out with a view to (among other things) | |
ensuring that the Secretary of State is aware of cases where, in the | |
opinion of the OFT, he might wish to consider giving such a notice. | 10 |
(3) That function does not extend to obtaining, compiling or keeping under | |
review information with a view to carrying out a detailed analysis in | |
each case of the operation to that case of the consideration specified in | |
section 58(2A) or (2B).” | |
Supplemental provisions of Chapter 2 | 15 |
373 Enforcement powers in relation to newspaper mergers | |
In Schedule 8 to the Enterprise Act 2002 (provision that may be contained in | |
certain enforcement orders) after paragraph 20 there shall be inserted— | |
“Newspaper mergers | |
20A(1) This paragraph applies in relation to any order— | 20 |
(a) which is to be made following the giving of— | |
(i) an intervention notice which mentions a newspaper | |
public interest consideration; or | |
(ii) a special intervention notice which mentions a | |
consideration specified in section 58(2A) or (2B); and | 25 |
(b) to which the consideration concerned is still relevant. | |
(2) The order may make such provision as the person making the order | |
considers to be appropriate in all circumstances of the case. | |
(3) Such provision may, in particular, include provision requiring a | |
person to do, or not to do, particular things. | 30 |
(4) Provision made by virtue of this paragraph may, in particular, | |
include provision— | |
(a) altering the constitution of a body corporate (whether in | |
connection with the appointment of directors, the | |
establishment of an editorial board or otherwise); | 35 |
(b) requiring the agreement of the relevant authority or another | |
person before the taking of particular action (including the | |
appointment or dismissal of an editor, journalists or directors | |
or acting as a shadow director); | |
(c) attaching conditions to the operation of a newspaper; | 40 |
(d) prohibiting consultation or co-operation between | |
subsidiaries. | |
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(5) This paragraph is without prejudice to the operation of the other | |
paragraphs of this Schedule in relation to the order concerned.” | |
374 Alterations to newspaper panel of Competition Commission | |
In paragraph 1 of Schedule 7 to the Competition Act 1998 (c. 41) (the | |
Competition Commission: interpretation), in the definition of “newspaper | 5 |
merger reference”, for the words from “newspaper”, where it occurs for the | |
second time, to “Act” there shall be substituted “reference under section 45 of | |
the Enterprise Act 2002 which specifies a newspaper public interest | |
consideration (within the meaning of Part 3 of that Act) or a reference under | |
section 62 of that Act which specifies a consideration specified in section 58(2A) | 10 |
or (2B) of that Act”. | |
375 Further provision in connection with newspaper mergers | |
(1) Schedule 16 (which contains further amendments in connection with | |
newspaper mergers) shall have effect. | |
(2) Sections 276(2) and (3) and 277 of the Enterprise Act 2002 (c. 40) (power to make | 15 |
transitional and consequential amendments etc.) shall apply in relation to this | |
Chapter of this Part of this Act and its related repeals as they apply in relation | |
to that Act. | |
(3) For the avoidance of doubt, the power conferred by virtue of subsection (2) by | |
applying section 277 of the Act of 2002 includes the power to modify that Act. | 20 |
(4) Section 387 shall not apply in relation to any power to make an order which is | |
exercisable by the Secretary of State by virtue of subsection (2). | |
Part 6 | |
Miscellaneous and Supplemental | |
Annual report | 25 |
376 Annual report on the Secretary of State’s functions | |
(1) The Secretary of State must prepare and lay before Parliament regular reports | |
on the carrying out by him of the functions to which this section applies. | |
(2) This section applies to the Secretary of State’s functions under the following | |
enactments— | 30 |
(a) this Act; | |
(b) the Office of Communications Act 2002 (c. 11); | |
(c) the enactments relating to the management of the radio spectrum so far | |
as not comprised in this Act; | |
(d) the 1990 Act; | 35 |
(e) the 1996 Act. | |
(3) The first report under this paragraph must relate to the period which— | |
(a) begins with 19th March 2002 (the date of the passing of the Office of | |
Communications Act 2002); and | |
(b) ends with the period of twelve months beginning with the first date to | 40 |
be appointed for the purposes of section 2 of this Act. | |
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(4) Every subsequent report must relate to the period of twelve months beginning | |
with the end of the period to which the previous report related. | |
(5) The obligation under this section to prepare and lay a report before Parliament | |
is an obligation to do that as soon as reasonably practicable after the end of the | |
period to which the report relates. | 5 |
(6) Where a report for the purposes of this section relates to a period the whole or | |
a part of which falls before the time when the whole of this Act is in force, the | |
functions referred to in subsection (2) are to be taken as excluding all functions | |
under the specified enactments that will have ceased to be functions of the | |
Secretary of State when the whole of this Act is in force. | 10 |
Review of media ownership | |
377 Review of media ownership | |
(1) It shall be the duty of OFCOM— | |
(a) to carry out regular reviews of the operation, taken together, of all the | |
provisions to which this section applies; and | 15 |
(b) to send a report on every such review to the Secretary of State. | |
(2) This section applies to— | |
(a) the provisions of Schedule 2 to the 1990 Act; | |
(b) the provision made by or under Schedule 14 to this Act; | |
(c) the provisions of section 272 of this Act and section 32 of the 1990 Act; | 20 |
(d) whatever provision (if any) has been made under section 274 of this | |
Act; and | |
(e) the provisions of Part 3 of the Enterprise Act 2002 (c. 40) so far as they | |
relate to intervention by the Secretary of State in connection with | |
newspapers. | 25 |
(3) The first review must be carried out no more than three years after the | |
commencement of this section, and subsequent reviews must be carried out at | |
intervals of no more than three years. | |
(4) The report to the Secretary of State on a review must set out OFCOM’s | |
recommendations, in consequence of their conclusions on the review, for the | 30 |
exercise by the Secretary of State of— | |
(a) his power to make an order under section 335(5); | |
(b) his powers to make orders under Schedule 14; and | |
(c) his powers in relation to news provision; | |
(d) his powers under sections 44(10), 58(3) and 59(6E) of the Enterprise Act | 35 |
2002 (newspaper mergers). | |
(5) The Secretary of State’s powers in relation to news provision are his powers to | |
make orders under— | |
(a) section 273; | |
(b) section 274; and | 40 |
(c) section 338(3). | |
(6) OFCOM must publish every report sent by them to the Secretary of State under | |
this section in such manner as they consider appropriate for bringing it to the | |
attention of members who, in their opinion, are likely to be affected by it. | |
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Guidelines as to penalties | |
378 Penalties imposed by OFCOM | |
(1) It shall be the duty of OFCOM to prepare and publish a statement containing | |
the guidelines they propose to follow in determining the amount of penalties | |
imposed by them under provisions contained in this Act or any other | 5 |
enactment apart from the Competition Act 1998 (c. 41). | |
(2) OFCOM may from time to time revise that statement as they think fit. | |
(3) Where OFCOM make or revise their statement under this section, they must | |
publish the statement or (as the case may be) the revised statement in such | |
manner as they consider appropriate for bringing it to the attention of the | 10 |
persons who, in their opinion, are likely to be affected by it. | |
(4) Before publishing a statement or revised statement under this section OFCOM | |
must consult both— | |
(a) the Secretary of State, and | |
(b) such other persons as they consider appropriate, | 15 |
about the guidelines they are proposing to include in the statement. | |
(5) Before determining how to publish a statement or revised statement under this | |
section OFCOM must consult the Secretary of State. | |
(6) It shall be the duty of OFCOM, in determining the amount of any penalty to be | |
imposed by them under this Act or any other enactment (apart from the | 20 |
Competition Act 1998) to have regard to the guidelines contained in the | |
statement for the time being in force under this section. | |
Disclosure of information | |
379 General restrictions on disclosure of information | |
(1) Subject to the following provisions of this section, information with respect to | 25 |
a particular business which has been obtained in exercise of a power conferred | |
by— | |
(a) this Act, | |
(b) the enactments relating to the management of the radio spectrum (so | |
far as not contained in this Act), | 30 |
(c) the 1990 Act, or | |
(d) the 1996 Act, | |
is not, so long as that business continues to be carried on, to be disclosed | |
without the consent of the person for the time being carrying on that business. | |
(2) Subsection (1) does not apply to any disclosure of information which is made— | 35 |
(a) for the purpose of facilitating the carrying out by OFCOM of any of | |
their functions; | |
(b) for the purpose of facilitating the carrying out by any relevant person | |
of any relevant function; | |
(c) for the purpose of facilitating the carrying out by the Comptroller and | 40 |
Auditor General of any of his functions; | |
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(d) for any of the purposes specified in section 17(2)(a) to (d) of the Anti- | |
terrorism, Crime and Security Act 2001 (c. 24) (criminal proceedings | |
and investigations); | |
(e) for the purpose of any civil proceedings brought under or by virtue of | |
this Act or any of the enactments or instruments mentioned in | 5 |
subsection (5); or | |
(f) for the purpose of securing compliance with an international | |
obligation. | |
(3) Each of the following is a relevant person for the purposes of this section— | |
(a) a Minister of the Crown and the Treasury; | 10 |
(b) the Scottish Executive; | |
(c) a Northern Ireland department; | |
(d) the Office of Fair Trading; | |
(e) the Competition Commission; | |
(f) the Consumer Panel; | 15 |
(g) the Welsh Authority; | |
(h) a local weights and measures authority in Great Britain; | |
(i) any other person specified for the purposes of this subsection in an | |
order made the Secretary of State. | |
(4) The following are relevant functions for the purposes of this section— | 20 |
(a) any function conferred by or under this Act; | |
(b) any function conferred by or under any enactment or instrument | |
mentioned in subsection (5); | |
(c) any other function specified for the purposes of this subsection in an | |
order made by the Secretary of State. | 25 |
(5) The enactments and instruments referred to in subsections (2) and (4) are— | |
(a) the Wireless Telegraphy Act 1949 (c. 54); | |
(b) the Marine, &c., Broadcasting (Offences) Act 1967 (c. 41); | |
(c) the Wireless Telegraphy Act 1967 (c. 72); | |
(d) the Trade Descriptions Act 1968 (c. 29); | 30 |
(e) the Fair Trading Act 1973 (c. 41); | |
(f) the Consumer Credit Act 1974 (c. 39); | |
(g) the Competition Act 1980 (c. 21); | |
(h) the Telecommunications Act 1984 (c. 12); | |
(i) the Consumer Protection Act 1987 (c. 43); | 35 |
(j) the 1990 Act; | |
(k) the 1996 Act; | |
(l) the Wireless Telegraphy Act 1998 (c. 6); | |
(m) the Competition Act 1998 (c. 41); | |
(n) the Enterprise Act 2002 (c. 40); | 40 |
(o) the Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 | |
(N.I. 20)); | |
(p) the Control of Misleading Advertisements Regulations 1988 (S.I. 1988/ | |
915). | |
(6) Nothing in this section— | 45 |
(a) limits the matters that may be published under section 14, 23 or 376; | |
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(b) limits the matters that may be included in, or made public as part of, a | |
report made by OFCOM by virtue of a provision of this Act or the | |
Office of Communications Act 2002 (c. 11); | |
(c) prevents the disclosure of anything for the purposes of a report of legal | |
proceedings in which it has been publicly disclosed; | 5 |
(d) applies to information that has been published or made public as | |
mentioned in paragraphs (a) to (c). | |
(7) Nothing in this section applies to information obtained in exercise of the | |
powers conferred by section 196 of the 1990 Act (powers of entry and search). | |
(8) Information obtained by OFCOM in exercise of functions which are exercisable | 10 |
by them concurrently with the Office of Fair Trading under Part 1 of the | |
Competition Act 1998 (c. 41) is subject to Part 9 of the Enterprise Act 2002 (c. | |
40), and not to the preceding provisions of this section. | |
(9) Section 18 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (restriction | |
on disclosure of information for overseas purposes) shall have effect in relation | 15 |
to a disclosure by virtue of subsection (2)(d) as it applies in relation to a | |
disclosure in exercise of a power to which section 17 of that Act applies. | |
(10) A person who discloses information in contravention of this section is guilty of | |
an offence and shall be liable— | |
(a) on summary conviction, to a fine not exceeding the statutory | 20 |
maximum; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
two years or to a fine, or to both. | |
(11) No order is to be made containing provision authorised by subsection (3) or (4) | |
unless a draft of the order has been laid before Parliament and approved by a | 25 |
resolution of each House. | |
(12) In this section “legal proceedings” means civil or criminal proceedings in or | |
before any court, or proceedings before any tribunal established by or under | |
any enactment. | |
Notifications etc. and electronic working | 30 |
380 Service of notifications and other documents | |
(1) This section applies where provision made (in whatever terms) by or under an | |
enactment specified in subsection (2) authorises or requires— | |
(a) a notification to be given to any person; or | |
(b) a document of any other description (including a copy of a document) | 35 |
to be sent to any person. | |
(2) Those enactments are— | |
(a) this Act; | |
(b) the Office of Communications Act 2002; | |
(c) the enactments relating to the management of the radio spectrum (so | 40 |
far as not contained in this Act); | |
(d) Schedule 2 to the Telecommunications Act 1984 (c. 12); | |
(e) the 1990 Act; and | |
(f) the 1996 Act. | |
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(3) The notification or document may be given or sent to the person in question— | |
(a) by delivering it to him; | |
(b) by leaving it at his proper address; or | |
(c) by sending it by post to him at that address. | |
(4) The notification or document may be given or sent to a body corporate by | 5 |
being given or sent to the secretary or clerk of that body. | |
(5) The notification or document may be given or sent to a firm by being given or | |
sent to— | |
(a) a partner in the firm; or | |
(b) a person having the control or management of the partnership | 10 |
business. | |
(6) The notification or document may be given or sent to an unincorporated body | |
or association by being given or sent to a member of the governing body of the | |
body or association. | |
(7) For the purposes of this section and section 7 of the Interpretation Act 1978 | 15 |
(c. 30) (service of documents by post) in its application to this section, the | |
proper address of a person is— | |
(a) in the case of body corporate, the address of the registered or principal | |
office of the body; | |
(b) in the case of a firm, unincorporated body or association, the address of | 20 |
the principal office of the partnership, body or association; | |
(c) in the case of a person to whom the notification or other document is | |
given or sent in reliance on any of subsections (4) to (6), the proper | |
address of the body corporate, firm or (as the case may be) other body | |
or association in question; and | 25 |
(d) in any other case, the last known address of the person in question. | |
(8) In the case of— | |
(a) a company registered outside the United Kingdom, | |
(b) a firm carrying on business outside the United Kingdom, or | |
(c) an unincorporated body or association with offices outside the United | 30 |
Kingdom, | |
the references in subsection (7) to its principal office include references to its | |
principal office within the United Kingdom (if any). | |
(9) In this section— | |
“document” includes anything in writing; and | 35 |
“notification” includes notice; | |
and references in this section to giving or sending a notification or other | |
document to a person include references to transmitting it to him and to | |
serving it on him. | |
(10) This section has effect subject to section 381. | 40 |
381 Notifications and documents in electronic form | |
(1) This section applies where— | |
(a) section 380 authorises the giving or sending of a notification or other | |
document by its delivery to a particular person (“the recipient”); and | |
(b) the notification or other document is transmitted to the recipient— | 45 |
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