Industry Act 1975

9 The Board and the media. U.K.

(1) Subject to subsection (2) below, neither the Board nor any of the Board’s subsidiaries—

(a) shall commence a business of publishing newspapers, magazines or other periodicals for sale to the public in the United Kingdom; or

[F1 (b) shall become the holder of a relevant licence.]

(2) Subsection (1) above does not apply to periodicals wholly or mainly concerned with the activities of the Board or any of the Board’s subsidiaries.

(3) Subject to subsection (4) below, neither the Board nor any of the Board’s subsidiaries shall acquire any of the share capital of a body corporate if a substantial part of the undertaking—

(a) of that body corporate, or

(b) of a group of companies of which it is the holding company,

consists of carrying on—

(i) a business such as is mentioned in paragraph (a) of subsection (1) above, or

[F2 (ii) activities connected with the provision of a service under a relevant licence.]

(4) Subsection (3) above shall not prevent the acquisition of share capital of a body corporate if the acquisition is made in pursuance of a direction under section 3 above.

(5) Subject to subsections (7) and (8) below, if the Board or any of the Board’s subsidiaries acquire any of the share capital of a body corporate which carries on any such business as is mentioned in subsection (1)(a) above, it shall be their duty to exercise their voting power with a view to securing that the body corporate disposes of the business as soon as practicable.

(6) Subject to subsections (7) and (8) below, if the Board or any of the Board’s subsidiaries acquire any of the share capital of a body corporate which has any interest, direct or indirect, in a body corporate which carries on such a business, it shall be their duty to exercise their voting power with a view to securing that the capital of the body corporate which carries on that business is disposed of as soon as practicable.

(7) The Secretary of State may direct that the Board or a subsidiary of the Board shall not be under any duty imposed by subsection (5) or (6) above during such time as the direction is in force.

(8) The Secretary of State may only give such a direction as is mentioned in subsection (7) above if he is of the opinion that without such a direction serious commercial injury would be caused to any newspaper, magazine or periodical concerned.

(9) If the Board or any of the Board’s subsidiaries acquire any of the share capital of a body corporate which is [F3 the holder of a relevant licence, they shall consult the appropriate authority] as to the steps that they are to take with regard to that share capital and obey any direction given by [F4 the appropriate authority].

(9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(10) Without prejudice to the foregoing provisions of this section, it shall be the duty of the Board and of any of the Board’s subsidiaries to use any power to control or influence the carrying on of a business such as is mentioned in paragraph (a) of subsection (1) above or of the activities of a [F6 holder of a relevant licence] only in relation to financial or commercial matters.

[F7 (11) In this section—

• “appropriate authority” means—

(a) in relation to a licence granted under Part I of the Broadcasting Act 1990, the Independent Television Commission; and

(b) in relation to a licence granted under Part III of that Act, the Radio Authority;

“relevant licence” means a licence granted by the Independent Television Commission or the Radio Authority under Part I or (as the case may be) Part III of that Act.].

Textual Amendments

F1 S. 9(1)(b) substituted for section 9(b)(c) by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 22(a)

F2 S. 9(3)(b)(ii) substituted for s. 9(3)(b)(ii)(iii) by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 22(b)

F3 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 22(c)(i)

F4 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 22(c)(ii)

F5 S. 9(9A) which was inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96) Sch. 5 para. 31(3) is now repealed (with savings) by Broadcasting Act 1990 (c. 42, SIF 96), ss. 134, 203(1)(3), Sch. 12 Pt. II para. 1, Pt. III para. 5(1), Sch. 20 para. 22(d), Sch. 21

F6 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 22(e)

F7 S. 9(11) substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 22(f)

Modifications etc. (not altering text)

C1 S. 9 applied with modification (S.) by Scottish Development Agency Act 1975 (c. 69, SIF 64), s. 17

C2 S. 9 extended by Broadcasting Act 1981 (c. 68, SIF 96), s. 14(5), Sch. 3 Pt. II

C3 S. 9 applied (S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 31(1)

C4 S. 9 modified by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(4), Sch. 22 para. 5(2)(a)