(1)In section 137(3) of the [1973 c. 41.] 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 [1973 c. 41.] 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.
(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; and
(c)where the circumstances are as mentioned in section 10(1) of the [1980 c. 21.] Competition Act 1980 (order on report on competition reference) and the anti-competitive practice was pursued in connection with the provision of such programmes.
(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 or the Competition Act 1980 has the same meaning as in that Act.
(1)The [1976 c. 34.] Restrictive Trade Practices Act 1976 shall not apply, and shall be deemed never to have applied, to any relevant networking arrangements which are specified, or are of a description specified, in an order made by the Secretary of State (whether before or after the making of those arrangements) and which satisfy such conditions as may be so specified.
(2)In subsection (1) “relevant networking arrangements” means—
(a)any arrangements entered into as mentioned in section 39(4) or (7)(b) above, or
(b)any agreement not falling within paragraph (a) but made for the purpose mentioned in section 39(1) above.
(3)Before making an order under subsection (1) the Secretary of State shall consult the Independent Television Commission and the Director General of Fair Trading; and such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.