Broadcasting Act 1990 (c. 42)

SCHEDULES

SCHEDULE 2 U.K. Restrictions on the Holding of Licences

Part II U.K. Disqualification for Holding Licences

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 U.K.

4 (1) A person is a disqualified person in relation to [F1 a Broadcasting Act licence] if in the opinion of [F2 OFCOM]— U.K.

(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 [F3 under 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 [F4 under 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 .

[F5 (i) 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).]

Textual Amendments

F1 Words in Sch. 2 Pt. II substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in Sch. 2 Pt. II para. 4(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), Sch. 15 para. 69(7), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 Words in Sch. 2 Pt. II para. 4(2)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), Sch. 15 para. 69(8)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4 Words in Sch. 2 Pt. II para. 4(2)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), Sch. 15 para. 69(8)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 Words in Sch. 2 Pt. II para. 4(2)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 348(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)