Broadcasting Act 1990

Application of competition legislation U.K.

192 Application of provisions of Fair Trading Act 1973 to broadcasting and telecommunication services. U.K.

(1) In section 137(3) of the M1 Fair Trading Act 1973 (definition of “supply of services”), there shall be inserted after paragraph (e) “and

(f) includes the making of arrangements, by means of such an agreement as is mentioned in section 189(2) of the Broadcasting Act 1990, for the sharing of the use of any telecommunication apparatus (within the meaning of Schedule 2 to the Telecommunications Act 1984).”

(2) It is hereby declared for the avoidance of doubt that the provision of a broadcasting service is not a service falling within paragraph 7 of Schedule 5 to the Fair Trading Act 1973 (restriction on making references under section 14, 50 or 51 of the Act in connection with telecommunication services) by reason of the fact that the broadcasting service is provided by means of the running of any such system as is mentioned in that paragraph.

(3) In subsection (2) “broadcasting service” means—

(a) a programme service; or

(b) a local delivery service (within the meaning of Part II of this Act).

(4) In Part I of Schedule 7 to the M2 Fair Trading Act 1973, paragraphs 8 and 9 (provision of programmes for transmission by Independent Broadcasting Authority, or of licensed cable programme services, wholly excluded from references under section 50 or 51 of the Act) shall cease to have effect.

Marginal Citations

M1 1973 c. 41.

M2 1973 c. 41.

193 Modification of networking arrangements in consequence of reports under competition legislation. U.K.

(1) The Secretary of State may, in any of the circumstances in which this subsection has effect, by order provide for any networking arrangements specified in the order to have effect with such modifications as appear to him to be appropriate.

(2) Subsection (1) shall have effect in the following circumstances, namely—

(a) where the circumstances are as mentioned in section 56(1) of the Fair Trading Act 1973 (order on report on monopoly reference) and the monopoly situation exists in connection with the provision of programmes for broadcasting in regional Channel 3 services;

(b) where the circumstances are as mentioned in section 73(1) of that Act (order on report on merger reference) and one or more of the enterprises which ceased to be distinct enterprises was engaged in the provision of such programmes; F1 . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An order under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In this section—

• “networking arrangements” means any such arrangements as are mentioned in section 39(1) above;

• “regional Channel 3 service” has the meaning given by section 14(6) above;

and any expression used in this section which is also used in the Fair Trading Act 1973 F2 . . . has the same meaning as in that Act.

Textual Amendments

F1 S. 193(2)(c) and word “and” immediately preceding it repealed (1.3.2000) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 14(2)(a), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

F2 Words in s. 193(4) repealed (1.3.2000) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 14(2)(b), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

F3 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 S. 194 repealed (1.3.2000) by S.I. 2000/311, art. 26(2)

[F4 194A Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision. U.K.

(1) In this section a “relevant agreement” means an agreement—

(a) which is made between all holders of regional Channel 3 licences for securing the appointment by them, in accordance with conditions included in their licences by virtue of section 31A(a), of a single body corporate to be the appointed news provider for the purposes of section 31(2), or

(b) which is made between them and the body corporate appointed to be the appointed news provider for the purposes of section 31(2) for purposes connected with the appointment.

[F5 (2) If, having sought the advice of the Director, it appears to the Secretary of State, in relation to some or all of the provisions of a relevant agreement, that the conditions mentioned in subsection (3) are satisfied, he may make a declaration to that effect.

(3) The conditions are that—

(a) the provisions in question do not have, and are not intended or likely to have, to any significant extent the effect of restricting, distorting or preventing competition; or

(b) the effect of restricting, distorting or preventing competition which the provisions in question do have or are intended or are likely to have, is not greater than is necessary—

(i) in the case of a relevant agreement falling within subsection (1)(a), for securing the appointment by holders of regional Channel 3 licences of a single body corporate to be the appointed news provider for the purposes of section 31(2), or

(ii) in the case of a relevant agreement falling within subsection (1)(b), for compliance by them with conditions included in their licences by virtue of section 31(1) and (2).

(4) If the Secretary of State makes a declaration under this section, the Chapter I prohibition does not apply to the agreement to the extent to which the agreement consists of provisions to which the declaration relates..

(5) If the Secretary of State is satisfied that there has been a material change of circumstances, he may—

(a) revoke a declaration made under this section, if he considers that the grounds on which it was made no longer exist;

(b) vary such a declaration, if he considers that there are grounds for making a different declaration; or

(c) make a declaration, even though he has notified the Director of his intention not to do so..

(6) If the Secretary of State makes, varies or revokes a declaration under this section, he must notify the Director of his decision..

(7) The Director may not exercise any Chapter III powers in respect of a relevant agreement, unless—

(a) he has notified the Secretary of State of his intention to do so; and

(b) the Secretary of State—

(i) has notified the Director that he has not made a declaration in respect of the agreement, or provisions of the agreement, under this section and that he does not intend to make such a declaration; or

(ii) has revoked a declaration under this section and a period of six months beginning with the date on which the revocation took effect has expired.

(8) has revoked a declaration under this section and a period of six months beginning with the date on which the revocation took effect has expired.—

(a) as he considers will assist the Secretary of State to decide whether to exercise his powers under this section; or

(b) as the Secretary of State may request.

(9) In this section–

• “the Chapter I prohibition” means the prohibition imposed by section 2(1) of the Competition Act 1998;

• “Chapter III powers” means the powers given to the Director by Chapter III of Part I of that Act so far as they relate to the Chapter I prohibition;

• “Director” means the Director General of Fair Trading;

• “regional Channel 3 licence” has the same meaning as in Part I;

and expressions used in this section which are also used in Part I of the Competition Act 1998 are to be interpreted in the same way as for the purposes of that Part of that Act.

(10) In this section references to an agreement are to be read as applying equally to, or in relation to, a decision or concerted practice.

(11) In the application of this section to decisions and concerted practices, references to provisions of an agreement are to be read as references to elements of a decision or concerted practice.]]

Textual Amendments

F4 Shoulder heading and s. 194A inserted (24.7.1996) by 1996 c. 55, s. 77(1)(2) (with s. 43(1)(6))

F5 S. 194A(2)-(11) substituted (1.3.2000) by 1998 c. 41, s. 3(1)(b), Sch. 2 Pt. III para. 4(2); S.I. 2000/344, art. 2, Sch.