(  19  )
138	Page 305, line 22, leave out “to be likely to be” and insert “is likely to become”
Clause 350
139	Page 306, line 37, leave out subsections (2) and (3)
Clause 351
140	Page 307, line 36, at end insert—
	“( )              the extent to which any guidance given by OFCOM under section
	307 has been followed during that period;”
Clause 352
141	Page 308, line 31, at end insert—
	“( )       The Secretary of State may by order provide that OFCOM may also make
	such grants as they consider appropriate to the provider of any service of a
	description of service in relation to which provision is for the time being in
	force under section 241.”
142	Page 308, line 32, leave out “under” and insert “by virtue of”
143	Page 308, line 36, leave out “under” and insert “by virtue of”
144	Page 308, line 40, leave out from “to” to “a” in line 41 and insert “a licence
	mentioned in subsection (4).
	(4)       Those licences are—
	(a)           a licence under Part 1 of the 1990 Act, or under Part 1 of the 1996
	Act, which is granted in accordance with any provision made by an
	order under section 241 of this Act; and”
145	Page 308, line 43, at end insert—
	“( )       No order is to be made containing provision authorised by this section
	unless a draft of the order has been laid before Parliament and approved by
	a resolution of each House.”
Clause 355
146	Page 310, line 45, leave out “(except in the expression “digital additional sound
	service”)”
147	Page 311, line 14, at end insert—
	““the BBC Charter and Agreement” means the following documents,
	or any one or more of them, so far as they are for the time being in
	force—
	(a)                 a Royal Charter for the continuance of the BBC;
	(b)                 supplemental Charters obtained by the BBC under such a
	Royal Charter;
	(c)                 an agreement between the BBC and the Secretary of State
	entered into (whether before or after the passing of this Act)
	for purposes that include the regulation of activities carried
	on by the BBC.”
148	Page 311, line 24, at end insert—
	(  20  )
	““Channel 3 licence” means a licence to provide a Channel 3 service;”
149	Page 314, line 13, leave out “or”
150	Page 314, line 14, at end insert—
	“(g)              a digital additional television service or a digital additional sound
	service,”
Clause 363
151	Page 321, line 20, leave out “or (3)” and insert “to (3A)”
Clause 364
152	Page 322, line 34, leave out “or (3)” and insert “to (3A)”
Clause 368
153	Page 324, line 3, leave out “section 58(2)” and insert “subsection (2) of section 58”
154	Page 324, line 10, after “a” insert “sufficient”
155	Page 324, line 13, at end insert—
	“(2C)              The following are specified in this section—
	(a)                 the need, in relation to every different audience in the
	United Kingdom or in a particular area or locality of the
	United Kingdom, for there to be a sufficient plurality of
	persons with control of the media enterprises serving that
	audience;
	(b)                 the need for the availability throughout the United
	Kingdom of a wide range of broadcasting which (taken as a
	whole) is both of high quality and calculated to appeal to a
	wide variety of tastes and interests; and
	(c)                 the need for persons carrying on media enterprises, and for
	those with control of such enterprises, to have a genuine
	commitment to the attainment in relation to broadcasting of
	the standards objectives set out in section 312 of the
	Communications Act 2003.”
	(2)       After that section there shall be inserted, in Chapter 2 of Part 3—
	“58A            Construction of consideration specified in section 58(2C)
	(1)           For the purposes of section 58 and this section an enterprise is a
	media enterprise if it consists in or involves broadcasting.
	(2)           In the case of a merger situation in which at least one of the
	enterprises ceasing to be distinct consists in or involves
	broadcasting, the references in section 58(2C)(a) or this section to
	media enterprises include references to newspaper enterprises.
	(3)                         In this Part “newspaper enterprise” means an enterprise consisting
	in or involving the supply of newspapers.
	(4)           Wherever in a merger situation two media enterprises serving the
	same audience cease to be distinct the number of such enterprises
	(  21  )
	serving that audience shall be assumed to be more immediately
	before they cease to be distinct than it is afterwards.
	(5)           For the purposes of section 58 where two or more media
	enterprises—
	(a)                 would fall to be treated as under common ownership or
	common control for the purposes of section 26, or
	(b)                 are otherwise in the same ownership or under the same
	control,
	they shall be treated (subject to subsection (4)) as all under the
	control of only one person.
	(6)                                       A reference in section 58 or this section to an audience shall be
	construed in relation to a media enterprise in whichever of the
	following ways the decision-making authority considers
	appropriate—
	(a)                 as a reference to any one of the audiences served by that
	enterprise, taking them separately;
	(b)                 as a reference to all the audiences served by that enterprise,
	taking them together;
	(c)                 as a reference to a number of those audiences taken together
	in such group as the decision-making authority considers
	appropriate; or
	(d)                 as a reference to a part of anything that could be taken to be
	an audience under any of paragraphs (a) to (c) above.
	(7)           The criteria for deciding who can be treated for the purposes of this
	section as comprised in an audience, or as comprised in an audience
	served by a particular service—
	(a)                 shall be such as the decision-making authority considers
	appropriate in the circumstances of the case; and
	(b)                 may allow for persons to be treated as members of an
	audience if they are only potentially members of it.
	(8)                         In this section “audience” includes readership.
	(9)           The power under subsection (3) of section 58 to modify that section
	includes power to modify this section.”
	(3)       In section 127(1) of that Act (associated persons to be treated as one person),
	for the word “and” at the end of paragraph (a) there shall be substituted—
	“(aa)                    for the purposes of section 58(2C); and”.”
Clause 369
156	Page 324, line 18, leave out “newspaper” and insert “media”
157	Page 324, line 22, leave out “newspaper” and insert “media”
158	Page 324, line 27, leave out “newspaper” and insert “media”
159	Page 324, line 30, leave out “or (2B)” and insert “to (2C)”
160	Page 324, line 31, at end insert “broadcasting or”
161	Page 324, line 32, at end insert—
	(  22  )
	“(8A)              In this Part “broadcasting” means the provision of services the
	provision of which—
	(a)                 is required to be licensed under Part 1 or 3 of the
	Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act
	1996; or
	(b)                 would be required to be so licensed if provided by a person
	subject to licensing under the Part in question.”
162	Page 324, line 36, leave out “subsection” and insert “subsections (8A) and”
Clause 370
163	Page 325, line 5, leave out “newspaper” and insert “media”
164	Page 325, line 11, leave out “newspaper” and insert “media”
Clause 371
165	Page 325, line 22, at beginning insert “In”
166	Page 325, line 23, leave out from “cases)” to “subsections” in line 24 and insert
	“, for”
167	Page 325, line 30, leave out “either”
168	Page 325, line 32, leave out “or”
169	Page 325, line 34, at end insert “or
	(iii)                           the condition mentioned in subsection (3D) was
	satisfied.”
170	Page 326, line 8, at end insert—
	“(3D)              The condition mentioned in this subsection is that, in relation to the
	provision of broadcasting of any description, at least one-quarter of
	all broadcasting of that description provided in the United
	Kingdom, or in a substantial part of the United Kingdom, was
	provided by the person or persons by whom one of the enterprises
	concerned was carried on.”
171	Page 326, line 9, after “(6)” insert “of that section”
172	Page 326, line 10, leave out from “(6A)” to first “The” in line 36
173	Page 326, line 36, leave out “condition mentioned in subsection (3)(b)(ii)”” and
	insert “conditions mentioned in subsections (3)(b)(ii) and (iii)”
	( )       After that section there shall be inserted—
	“59A            Construction of conditions in section 59(3C) and (3D)
	(1)                         For the purpose of deciding whether the proportion of one-quarter
	mentioned in section 59(3C) or (3D) is fulfilled with respect to—
	(a)                 newspapers of any description, or
	(b)                 broadcasting of any description,
	the decision-making authority shall apply such criterion (whether
	value, cost, price, quantity, capacity, number of workers employed
	(  23  )
	or some other criterion, of whatever nature), or such combination of
	criteria, as the decision-making authority considers appropriate.
	(2)           References in section 59(3C) to the supply of newspapers shall, in
	relation to newspapers of any description which are the subject of
	different forms of supply, be construed in whichever of the
	following ways the decision-making authority considers
	appropriate—
	(a)                 as references to any of those forms of supply taken
	separately;
	(b)                 as references to all those forms of supply taken together; or
	(c)                 as references to any of those forms of supply taken in
	groups.
	(3)                         For the purposes of subsection (2) the decision-making authority
	may treat newspapers as being the subject of different forms of
	supply whenever—
	(a)                 the transactions concerned differ as to their nature, their
	parties, their terms or their surrounding circumstances; and
	(b)                 the difference is one which, in the opinion of the decision-
	making authority, ought for the purposes of that subsection
	to be treated as a material difference.
	(4)           References in section 59(3D) to the provision of broadcasting shall,
	in relation to broadcasting of any description which is the subject of
	different forms of provision, be construed in whichever of the
	following ways the decision-making authority considers
	appropriate—
	(a)                 as references to any of those forms of provision taken
	separately;
	(b)                 as references to all those forms of provision taken together;
	or
	(c)                 as references to any of those forms of provision taken in
	groups.
	(5)                         For the purposes of subsection (4) the decision-making authority
	may treat broadcasting as being the subject of different forms of
	provision whenever—
	(a)                 the transactions concerned differ as to their nature, their
	parties, their terms or their surrounding circumstances; and
	(b)                 the difference is one which, in the opinion of the decision-
	making authority, ought for the purposes of that subsection
	to be treated as a material difference.
	(6)                         The criteria for deciding when newspapers or broadcasting can be
	treated, for the purposes of section 59, as newspapers or
	broadcasting of a separate description shall be such as in any
	particular case the decision-making authority considers
	appropriate in the circumstances of that case.
	(7)           In section 59 and this section “provision” and cognate expressions
	have the same meaning in relation to broadcasting as in Part 3 of the
	(  24  )
	Communications Act 2003; but this subsection is subject to
	subsections (4) and (5) of this section.””
Clause 372
174	Page 326, line 44, leave out “or (2B)” and insert “to (2C)”
175	Page 327, line 7, leave out “or (2B)” and insert “to (2C)”
Clause 373
176	Page 327, line 20, leave out “or (2B)” and insert “to (2C)”
177	Page 327, line 28, leave out “or (2B)” and insert “to (2C)”
Clause 374
178	Page 328, line 2, leave out “newspaper” and insert “media”
179	Page 328, line 4, leave out “or (2B)” and insert “to (2C)”
Clause 376
180	Page 329, line 30, leave out “and (2B)” and insert “to (2C)”
181	Page 329, line 36, leave out “and (2B)” and insert “to (2C)”
Clause 379
182	Page 331, line 5, leave out “or (2B)” and insert “to (2C)”
183	Page 331, line 12, leave out “or (2B)” and insert “to (2C)”
Clause 380
184	Page 331, line 22, leave out “or” and insert—
	“( )                             an intervention notice which mentions any other
	media public interest consideration in relation to
	a relevant merger situation in which one of the
	enterprises ceasing to be distinct is a newspaper
	enterprise;”
185	Page 331, line 24, after “(2B);” insert “or
	( )                             a special intervention notice which, in relation to
	a special merger situation in which one of the
	enterprises ceasing to be distinct is a newspaper
	enterprise, mentions a consideration specified in
	section 58(2C);”
186	Page 331, line 41, at end insert—
	“( )                In this paragraph “newspaper public interest consideration”
	means a media public interest consideration other than one
	which is such a consideration—
	(a)                   by virtue of section 58(2C); or
	(b)                   by virtue of having been, in the opinion of the Secretary
	of State, concerned with broadcasting and a
	(  25  )
	consideration that ought to have been specified in section
	58.”
Clause 381
187	Page 332, line 7, leave out “Part 3 of” and insert “paragraph 20A of Schedule 8 to”
Clause 384
188	Page 333, line 18, leave out “section 276 of this Act and section 32 of the 1990 Act”
	and insert “sections 276 and (Disqualification from appointment as news provider) of
	this Act”
189	Page 333, line 23, at end insert “or other media enterprises”
190	Page 333, line 32, leave out “in relation to news provision” and insert “under
	sections 277 and 278”
191	Page 333, line 33, leave out “59(6E)” and insert “59(6A)”
192	Page 333, line 34, leave out “newspaper” and insert “media”
193	Page 333, line 35, leave out subsection (5)
Clause 385
194	Page 334, line 22, at end insert—
	“( )       References in this section to penalties imposed by OFCOM under
	provisions contained in this Act include references to penalties which the
	BBC is liable to pay to OFCOM by virtue of section 195(3).”
Clause 386
195	Page 335, line 8, at end insert “of the United Kingdom”
Clause 393
196	Page 341, line 23, at end insert—
	“( )       References in this section to penalties imposed by OFCOM under Part 3 of
	this Act include references to penalties which the BBC is liable to pay to
	OFCOM by virtue of section 195(3).”
Clause 396
197	Page 344, line 20, leave out “a time before” and insert “no earlier than”
Clause 398
198	Page 347, line 9, at end insert—

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Revised 10 July 2003