SCHEDULES
SCHEDULE 2 Amendments of Broadcasting Act 1990 relating to restrictions on holding of licences
Part V Amendments of other provisions of 1990 Act
13
1
Section 88 of the 1990 Act (restrictions on the holding of licences) is amended as follows.
2
For subsection (6) there is substituted—
6
The Authority shall not serve any such notice on the licence holder unless—
a
the Authority have notified him of the matters complained of and given him a reasonable opportunity of making representations to them about those matters, and
b
in a case where the relevant change is one falling within subsection (6A)—
i
they have also given him an opportunity of complying with Parts III and IV of Schedule 2 within a period specified in the notification, and
ii
the period specified in the notification has elapsed.
6A
A relevant change falls within this subsection if it consists only in one or more of the following—
a
a reduction in the total number of points, calculated in accordance with paragraph 9 of Part III of Schedule 2, attributable to all the services referred to in paragraph 8(1) or (2)(a) or (b) of that Part of that Schedule;
b
a change in the national market share (within the meaning of Part IV of that Schedule) of one or more national newspapers (within the meaning of that Part of that Schedule);
c
a change in the local market share (within the meaning of that Part of that Schedule) in a particular area of one or more local newspapers (within the meaning of that Part of that Schedule).
6B
Where a licence has been granted in a case where the Authority could have made a determination under paragraph 9(1) or 10(1) of Part IV of Schedule 2 (if satisfied that the fact mentioned in that provision could have been expected to operate against the public interest), subsection (5) does not enable the licence to be revoked merely because a change is such that the Authority would have made such a determination in the new circumstances of the case.
3
In subsection (7)—
a
after paragraph (b) there is inserted—
or
c
any other change giving rise to a failure to comply with any requirement imposed by or under Schedule 2,
b
for “(in either case)” there is substituted “
(in any case)
”
.