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(3) After paragraph 2 of that Part there shall be inserted— | |
“2A (1) Paragraph 2 does not apply to a person in relation to a licence if— | |
(a) OFCOM have made a determination under this paragraph in | |
the case of that person; | |
(b) that determination is one made as respects licences of a | 5 |
description applicable to that licence; and | |
(c) the determination remains in force. | |
(2) OFCOM are to make a determination under this paragraph in a | |
person’s case and as respects a particular description of licence if, | |
and only if, they are satisfied that it is appropriate (notwithstanding | 10 |
paragraph 2) for that person to hold a licence of that description. | |
(3) OFCOM are not to make a determination under this paragraph | |
except on an application made to them for the purpose. | |
(4) A determination under this paragraph may be made as respects only | |
one or more of the following descriptions of licence— | 15 |
(a) a licence to provide a restricted service (within the meaning | |
of Part 1 of this Act); | |
(b) a digital programme licence (within the meaning given by | |
section 18 of the 1996 Act for the purposes of Part 1 of that | |
Act); | 20 |
(c) a digital additional services licence (within the meaning | |
given by section 25 of the 1996 Act for the purposes of Part 1 | |
of that Act); | |
(d) a licence to provide a television licensable content service | |
(within the meaning of Part 3 of the Communications Act | 25 |
2003); | |
(e) a licence under Part 3 of this Act which is not a national | |
licence; | |
(f) a national digital sound programme licence (within the | |
meaning given by section 60 of the 1996 Act for the purposes | 30 |
of Part 2 of that Act); | |
(g) a local digital sound programme licence (within the meaning | |
given by that section for those purposes); | |
(h) a digital additional services licence (within the meaning | |
given by section 64 of the 1996 Act for the purposes of Part 2 | 35 |
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 | |
when determining for the purposes of sub-paragraph (2) what is | |
appropriate. | 40 |
(6) OFCOM must have regard to guidance for the time being in force | |
under sub-paragraph (5) when making determinations under this | |
paragraph. | |
(7) OFCOM may revise any guidance under sub-paragraph (5) by | |
publishing their revisions of it. | 45 |
(8) The publication of guidance under sub-paragraph (5), or of any | |
revisions of it, is to be in whatever manner OFCOM consider | |
appropriate.” | |
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(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; | 5 |
(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— | 10 |
(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 | 15 |
giving effect to recommendations made by OFCOM in a report of a review | |
under section 381), 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. | 20 |
338 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 | 25 |
(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 | 30 |
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 | 35 |
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 | 40 |
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. | 45 |
(1AB) Information falls within this subsection, in relation to a local authority, | |
if it is one or both of the following— | |
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(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. | |
(1AC) Nothing in subsection (1AA) entitles a local authority to do anything in | 5 |
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 | |
(d) the Communications Act 2003, | 10 |
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 | |
publication by a local authority of material designed to affect support for a | 15 |
political party), after “publish” there shall be inserted “, or arrange for the | |
publication of,”. | |
339 Relaxation of licence-holding restrictions | |
(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 | 20 |
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— | |
“(b) that a person does not become the holder of a licence if | 25 |
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.” | 30 |
(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 399 appoint a day falling | |
before the commencement day for paragraph 11 of Schedule 14 as the day for | 35 |
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 399 appoint a day falling | 40 |
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. | 45 |
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(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. | |
340 Restrictions relating to nominated news providers | |
(1) In subsection (9) of section 32 of the 1990 Act (limits on participation in | 5 |
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— | 10 |
(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.” | 15 |
(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. | 20 |
(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 381), 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 | 25 |
resolution of each House. | |
Changes of control | |
341 Changes of control of Channel 3 services | |
(1) The regulatory regime for every Channel 3 service provided by a body | |
corporate includes— | 30 |
(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 | 35 |
information as they consider necessary for the purposes of exercising | |
their functions under this section and section 342. | |
(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; | 40 |
or | |
(b) a relevant change of control takes place (whether or not that change has | |
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 subsections (4) to (7), of— | |
(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— | 5 |
(a) the extent to which time available for broadcasting programmes | |
included in the service is allocated to programmes of each of the | |
following descriptions— | |
(i) original productions; | |
(ii) news programmes; and | 10 |
(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. | |
(5) The matters mentioned in this subsection are— | |
(a) the extent to which Channel 3 programmes made in the United | 15 |
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 | |
outside that area that are included in the service; | |
(c) the extent to which the expenditure of the provider of the service on | 20 |
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 | |
expenditure is referable. | |
(6) The matters mentioned in this subsection are— | 25 |
(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; | |
(c) the quality and range of the programmes made available by the licence | |
holder for the purposes of inclusion in the nationwide system of | 30 |
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 | 35 |
(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 | 40 |
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. | 45 |
(8) In relation to a national Channel 3 service, subsections (3) to (7) have effect as | |
if— | |
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(a) subsection (5) applied only where the service is subject to conditions | |
imposed by virtue of a decision of OFCOM under section 278(2) or | |
OFCOM otherwise consider, having regard to the nature of the service, | |
that it is appropriate to consider the matters mentioned in that | |
subsection; | 5 |
(b) references to regional programmes were references to programmes | |
which are regional programmes (within the meaning of section 279) in | |
relation to that service and are included in it in accordance with a | |
condition imposed under subsection (4)(a) of that section; | |
(c) references to the regional character of the service were references to the | 10 |
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 | |
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 | 15 |
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— | |
(a) setting out their conclusions; and | |
(b) specifying any steps which they propose to take under section 342. | 20 |
(10) In this section— | |
“Channel 3 programmes” and “expenditure” each has the same meaning | |
as in section 278; | |
“original production” has the same meaning as in section 271; | |
“peak viewing time”— | 25 |
(a) in relation to original productions, means a time determined by | |
OFCOM for the purposes of section 271 to be a peak viewing | |
time for the service in question; and | |
(b) in relation to news programmes or current affairs programmes, | |
means a time so determined for the purposes of section 272; | 30 |
“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; | 35 |
(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 | 40 |
(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 | 45 |
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. | |
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