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) ”.