Broadcasting Act 1990

3 (1) Where the [F1 OFT’s] report on any arrangements specifies any modifications in pursuance of paragraph 1(4), then (subject to sub-paragraph (2))— U.K.

(a) if the arrangements were made by the holders of regional Channel 3 licences, the [F2 ITC] shall notify all the holders of such licences of the period within which the modifications are to be incorporated in the arrangements, being such period as may be determined by the [F1 OFT] after consulting the [F2 ITC]; and

(b) if the arrangements were made by the [F2 ITC], the [F2 ITC] shall—

(i) incorporate those modifications in the arrangements with effect from such date as may be so determined, and

(ii) notify all the holders of such licences of the arrangements as modified.

(2) If a reference relating to the [F1 OFT’s] report is made to the [F3 Competition Commission] under paragraph 4 and they have begun to proceed with it in accordance with that paragraph, the modifications referred to in sub-paragraph (1) above shall not be required to be incorporated in the arrangements by virtue of that sub-paragraph—

(a) if the reference is in respect of the arrangements as a whole, or

(b) (in any other case) to the extent that the modifications fall to be considered by the MMC on the reference.

(3) Each regional Channel 3 licence shall include such conditions as appear to the [F2 ITC] to be appropriate in consequence of this paragraph.

Textual Amendments

F1 Words in Sch. 4 para. 3 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F2 Word in Sch. 4 para. 3(1)(a)(b)(3) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(iii)

F3 Words in Sch. 4 para. 3(2) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(ii)