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
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.
(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
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—
20A(1) This paragraph applies in relation to any order—
(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
(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.
(4) Provision made by virtue of this paragraph may, in particular,
(a) altering the constitution of a body corporate (whether in
connection with the appointment of directors, the
establishment of an editorial board or otherwise);
(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;
(d) prohibiting consultation or co-operation between
(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
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)
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
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.
(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).
Miscellaneous and Supplemental
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
(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;
(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
be appointed for the purposes of section 2 of this Act.
(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.
(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.
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
(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;
(d) whatever provision (if any) has been made under section 274 of this
(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
(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
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
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
(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.
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
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
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,
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
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
a particular business which has been obtained in exercise of a power conferred
(a) this Act,
(b) the enactments relating to the management of the radio spectrum (so
far as not contained in this Act),
(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—
(a) for the purpose of facilitating the carrying out by OFCOM of any of
(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
Auditor General of any of his functions;
(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
(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
subsection (5); or
(f) for the purpose of securing compliance with an international
(3) Each of the following is a relevant person for the purposes of this section—
(a) a Minister of the Crown and the Treasury;
(b) the Scottish Executive;
(c) a Northern Ireland department;
(d) the Office of Fair Trading;
(e) the Competition Commission;
(f) the Consumer Panel;
(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—
(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.
(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);
(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);
(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);
(o) the Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049
(p) the Control of Misleading Advertisements Regulations 1988 (S.I. 1988/
(6) Nothing in this section—
(a) limits the matters that may be published under section 14, 23 or 376;
(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;
(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
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
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
(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
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
Notifications etc. and electronic working
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)
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
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.
(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
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
(a) a partner in the firm; or
(b) a person having the control or management of the partnership
(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
(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
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
(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
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
“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.
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—