|
| |
| |
“104A Public consultation in relation to newspaper mergers | |
(1) Subsection (2) applies where the Commission— | |
(a) is preparing— | |
(i) a report under section 50 on a reference which specifies | |
a newspaper public interest consideration; or | 5 |
(ii) a report under section 65 on a reference which specifies | |
a consideration specified in section 58(2A) or (2B); and | |
(b) is not under a duty to disregard the consideration concerned. | |
(2) The Commission shall have regard (among other things) to the need to | |
consult the public so far as they might be affected by the creation of the | 10 |
relevant merger situation or special merger situation concerned and so | |
far as such consultation is practicable. | |
(3) Any consultation of the kind mentioned in subsection (2) may be | |
undertaken by the Commission by consulting such representative | |
sample of the public or section of the public concerned as the | 15 |
Commission considers appropriate.” | |
372 General information duties in relation to newspaper mergers | |
(1) Section 105 of the Enterprise Act 2002 (c. 40) (general information duties of OFT | |
and Competition Commission) shall be amended as follows. | |
(2) After subsection (1) there shall be inserted— | 20 |
“(1A) Where OFCOM decide to investigate a matter so as to make a report | |
under section 44A or 61A, they shall, so far as practicable, take such | |
action as they consider appropriate to bring information about the | |
investigation to the attention of those whom they consider might be | |
affected by the creation of the relevant merger situation concerned or | 25 |
(as the case may be) the special merger situation concerned.” | |
(3) In subsection (2) (exclusion for merger notices) for the words “Subsection (1) | |
does” there shall be substituted “Subsections (1) and (1A) do”. | |
(4) In subsection (3) (duty of OFT to give requested assistance to Competition | |
Commission)— | 30 |
(a) after the word “Commission”, where it occurs for the first time, there | |
shall be inserted “or OFCOM”; and | |
(b) after the word “Commission”, where it occurs for the second, third and | |
fourth time, there shall be inserted “or (as the case may be) OFCOM”. | |
(5) After subsection (3) there shall be inserted— | 35 |
“(3A) OFCOM shall give the Commission or the OFT— | |
(a) such information in their possession as the Commission or (as | |
the case may be) the OFT may reasonably require to enable the | |
Commission or (as the case may be) the OFT to carry out its | |
functions under this Part; and | 40 |
(b) any other assistance which the Commission or (as the case may | |
be) the OFT may reasonably require for the purpose of assisting | |
it in carrying out its functions under this Part and which it is | |
within the power of OFCOM to give.” | |
| |
| |
|
| |
| |
(6) In subsection (4) (duty of OFT to give unrequested information to Competition | |
Commission)— | |
(a) after the word “Commission”, where it occurs for the first time, there | |
shall be inserted “or OFCOM”; and | |
(b) after the word “Commission”, where it occurs for the second and third | 5 |
time, there shall be inserted “or (as the case may be) OFCOM”. | |
(7) After subsection (4) there shall be inserted— | |
“(4A) OFCOM shall give the Commission or the OFT any information in their | |
possession which has not been requested by the Commission or (as the | |
case may be) the OFT but which, in the opinion of OFCOM, would be | 10 |
appropriate to give to the Commission or (as the case may be) the OFT | |
for the purpose of assisting it in carrying out its functions under this | |
Part.” | |
(8) In subsection (5) (duty on OFT and Competition Commission to give requested | |
assistance to the Secretary of State) after the word “OFT”, in both places where | 15 |
it occurs, there shall be inserted “, OFCOM”. | |
(9) In subsection (6) (duty of OFT to give unrequested information to Secretary of | |
State)— | |
(a) after the word “OFT”, where it occurs for the first time, there shall be | |
inserted “and OFCOM”; | 20 |
(b) for the word “its” there shall be substituted “their”; and | |
(c) after the word “OFT”, where it occurs for the second time, there shall be | |
inserted “or (as the case may be) OFCOM”. | |
(10) In subsection (7) (duty to have regard to information given) for the words “or | |
(4)” there shall be substituted “, (3A), (4) or (4A)”. | 25 |
(11) After subsection (7) there shall be inserted— | |
“(7A) OFCOM shall have regard to any information given to them under | |
subsection (3) or (4); and the OFT shall have regard to any information | |
given to it under subsection (3A) or (4A).” | |
373 Advice and information in relation to newspaper mergers | 30 |
After section 106 of the Enterprise Act 2002 (c. 40) there shall be inserted— | |
“106A Advice and information in relation to newspaper mergers | |
(1) The Secretary of State may prepare and publish general advice and | |
information about the considerations specified in section 58(2A) and | |
(2B). | 35 |
(2) The Secretary of State may at any time publish revised, or new, advice | |
or information. | |
(3) Advice or information published under this section shall be prepared | |
with a view to— | |
(a) explaining the considerations specified in section 58(2A) and | 40 |
(2B) to persons who are likely to be affected by them; and | |
(b) indicating how the Secretary of State expects this Part to operate | |
in relation to such considerations. | |
| |
| |
|
| |
| |
(4) Any advice or information published by the Secretary of State under | |
this section shall be published in such manner as the Secretary of State | |
considers appropriate. | |
(5) In preparing any advice or information under this section, the Secretary | |
of State shall consult the OFT, OFCOM, the Commission and such other | 5 |
persons as he considers appropriate.” | |
374 General advisory functions of OFCOM in relation to newspaper mergers | |
After section 106A of the Enterprise Act 2002 (c. 40) there shall be inserted— | |
“106B General advisory functions of OFCOM | |
(1) OFCOM may, in connection with any case on which they are required | 10 |
to give a report by virtue of section 44A or 61A, give such advice as they | |
consider appropriate to the Secretary of State in relation to— | |
(a) any report made in such a case by the Commission under | |
section 50 or 65; and | |
(b) the taking by the Secretary of State of enforcement action under | 15 |
Schedule 7. | |
(2) OFCOM may, if requested to do so by the Secretary of State, give such | |
other advice as they consider appropriate to the Secretary of State in | |
connection with any case on which they are required to give a report by | |
virtue of section 44A or 61A. | 20 |
(3) OFCOM shall publish any advice given by them under this section but | |
advice given by them in relation to a report of the Commission under | |
section 50 or 65 or related enforcement action shall not be published | |
before the report itself is published.” | |
375 Other general functions of OFCOM in relation to newspaper mergers | 25 |
After section 119 of the Enterprise Act 2002 there shall be inserted— | |
“Further provision about newspaper mergers | |
119A Other general functions of OFCOM in relation to this Part | |
(1) OFCOM has the function of obtaining, compiling and keeping under | |
review information about matters relating to the carrying out of their | 30 |
functions under this Part. | |
(2) That function is to be carried out with a view to (among other things) | |
ensuring that OFCOM has sufficient information to take informed | |
decisions and to carry out their other functions effectively. | |
(3) In carrying out that function OFCOM may carry out, commission or | 35 |
support (financially or otherwise) research. | |
(4) Section 3 of the Communications Act 2003 (general duties of OFCOM) | |
shall not apply in relation to functions of OFCOM under this Part.” | |
| |
| |
|
| |
| |
376 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 in relation to that case of the consideration | |
specified in section 58(2A) or (2B).” | |
Supplemental provisions of Chapter 2 | 15 |
377 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. | |
| |
| |
|
| |
| |
(5) This paragraph is without prejudice to the operation of the other | |
paragraphs of this Schedule in relation to the order concerned.” | |
378 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”. | |
379 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 391 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 |
380 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 section 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. | |
| |
| |
|
| |
| |
(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 | |
381 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 273 of this Act and section 32 of the 1990 Act; | 20 |
(d) whatever provision (if any) has been made under section 275 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 337(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 274; | |
(b) section 275; and | 40 |
(c) section 340(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 persons who, in their opinion, are likely to be affected by it. | |
| |
| |
|
