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Lord McIntosh of Haringey moved Amendments Nos. 86 to 92:
- Page 329, line 32, leave out "newspaper" and insert "media"
- Page 329, line 36, leave out "newspaper" and insert "media"
- Page 330, line 4, leave out "newspaper" and insert "media"
- Page 330, line 7, leave out "or (2B)" and insert "to (2C)"
- Page 330, line 8, at end insert "broadcasting or"
- Page 330, line 9, at end insert—
On Question, amendments agreed to.
Clause 374 [Additional investigation and report by OFCOM ]:
Lord McIntosh of Haringey moved Amendments Nos. 93 and 94:
On Question, amendments agreed to.
Clause 375 [Extension of special public interest regime for certain newspaper mergers]:
Lord McIntosh of Haringey moved Amendments Nos. 95 to 102:
On Question, amendments agreed to.
Clause 376 [Adaptation of role of OFT in special public interest regime]:
Lord McIntosh of Haringey moved Amendments Nos. 103 and 104:
On Question, amendments agreed to.
Clause 377 [Additional investigation and report by OFCOM: special public interest cases]:
Lord McIntosh of Haringey moved Amendments Nos. 105 and 106:
On Question, amendments agreed to.
Clause 378 [Public consultation in relation to newspaper mergers]:
Lord McIntosh of Haringey moved Amendments Nos. 107 and 108:
On Question, amendments agreed to.
Clause 380 [Advice and information in relation to newspaper mergers]:
Lord McIntosh of Haringey moved Amendments Nos. 109 and 110:
On Question, amendments agreed to.
Clause 383 [Monitoring role for OFT in relation to newspaper mergers]:
Lord McIntosh of Haringey moved Amendments Nos. 111 and 112:
On Question, amendments agreed to.
Clause 384 [Enforcement powers in relation to newspaper mergers]:
Lord McIntosh of Haringey moved Amendments Nos. 113 to 115:
On Question, amendments agreed to.
Clause 385 [Alterations concerning newspaper panel of Competition Commission]:
Lord McIntosh of Haringey moved Amendment No. 116:
On Question, amendment agreed to.
Clause 388 [Review of media ownership]:
"(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."
Page 330, line 13, leave out "subsection" and insert "subsections (8A) and"
Page 330, line 21, leave out "newspaper" and insert "media"
Page 330, line 27, leave out "newspaper" and insert "media"
Page 330, line 38, at beginning insert "In"
Page 330, line 39, leave out from "cases)" to "subsections" in line 40 and insert ", for"
Page 331, line 6, leave out "either"
Page 331, line 8, leave out "or"
Page 331, line 10, at end insert "or
(iii) the condition mentioned in subsection (3D) was satisfied."
Page 331, line 27, 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.""
Page 331, line 28, after "(6)" insert "of that section"
Page 331, line 29, leave out from "(6A)" to first "The" in line 8 on page 332.
( ) 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 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 Communications Act 2003; but this subsection is subject to subsections (3) and (4) of this section.""
Page 332, line 16, leave out "or (2B)" and insert "to (2C)"
Page 332, line 24, leave out "or (2B)" and insert "to (2C)"
Page 332, line 37, leave out "or (2B)" and insert "to (2C)"
Page 333, line 3, leave out "or (2B)" and insert "to (2C)"
Page 333, line 18, leave out "newspaper" and insert "media"
Page 333, line 20, leave out "or (2B)" and insert "to (2C)"
Page 335, line 5, leave out "and (2B)" and insert "to (2C)"
Page 335, line 11, leave out "and (2B)" and insert "to (2C)"
Page 336, line 21, leave out "or (2B)" and insert "to (2C)"
Page 336, line 28, leave out "or (2B)" and insert "to (2C)"
Page 336, line 37, 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;"
Page 336, line 39, 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);"
Page 337, line 17, 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 consideration that ought to have been specified in section 58."
Page 337, line 26, leave out "Part 3 of" and insert "paragraph 20A of Schedule 8 to"
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