SCHEDULES

SCHEDULE 2 Restrictions on the Holding of Licences

C1C2Part II Disqualification for Holding Licences

Annotations:
Modifications etc. (not altering text)
C1

Sch. 2 Pt. II applied (with modifications) (20.7.2004) by The Community Radio Order 2004 (S.I. 2004/1944), arts. 1(2), 6 (as amended (27.3.2015) by S.I. 2015/1000, art. 2)

C2

Sch. 2 Pt. 2 applied (with modifications) (25.10.2019) by The Small-scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387), arts. 1, 5

General disqualification on grounds of undue influence

4

1

A person is a disqualified person in relation to F1a Broadcasting Act licence if in the opinion of F2OFCOM

a

any relevant body is, by the giving of financial assistance or otherwise, exerting influence over the activities of that person, and

b

that influence has led, is leading or is likely to lead to results which are adverse to the public interest.

2

In sub-paragraph (1) “relevant body”—

a

in relation to a licence granted F3under Part 1 of this Act or Part 1 of the Broadcasting Act 1996, means a person falling within paragraph 1(1)(c) to (h) or (j) above or a body which is controlled—

i

by a person falling within paragraph 1(1)(c) to (g) above, or

ii

by two or more such persons taken together; and

b

in relation to a licence granted F4under Part 3 of this Act or Part 2 of the Broadcasting Act 1996, means a person falling within paragraph 1(1)(c) to (h) or (j) or 3 above or a body which is controlled .

F5i

by a person falling within paragraph 1(1)(c) to (g) above;

ii

by a person falling within paragraph 3 above; or

iii

by two or more persons taken together each of whom falls within sub-paragraph (i) or (ii) (whether or not they all fall within the same sub-paragraph).