General disqualification on grounds of undue influenceU.K.
4(1)A person is a disqualified person in relation to [F1a Broadcasting Act licence] if in the opinion of [F2OFCOM]—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 [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 .
[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
F1Words 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)
F2Words 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)
F3Words 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)
F4Words 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)
F5Words 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)