Part 3Television and Radio Services

Chapter 5Media ownership and control

Restrictions on licence holders

348Modification of disqualification provisions

(1)

In Part 2 of Schedule 2 to the 1990 Act (disqualification from holding licences), paragraphs (a) and (b) of paragraph 1(1) (individuals and bodies from outside the member States) shall cease to have effect.

(2)

In sub-paragraph (1) of paragraph 2 of that Part (disqualification of religious bodies etc.), for the words before paragraph (a) there shall be substituted—

“2

(1)

The following persons are disqualified persons in relation only to licences falling within sub-paragraph (1A)—”.

(3)

For sub-paragraphs (2) and (3) of that paragraph there shall be substituted—

“(1A)

A licence falls within this sub-paragraph if it is—

(a)

a Channel 3 licence;

(b)

a Channel 5 licence;

(c)

a national sound broadcasting licence;

(d)

a public teletext licence;

(e)

an additional television service licence;

(f)

a television multiplex licence; or

(g)

a radio multiplex licence.

(1B)

In this paragraph—

“additional television service licence” means a licence under Part 1 of this Act to provide an additional television service within the meaning of Part 3 of the Communications Act 2003;

“Channel 3 licence” and “Channel 5 licence” each has the same meaning as in Part 1 of this Act;

“national sound broadcasting licence” means a licence to provide a sound broadcasting service (within the meaning of Part 3 of this Act) which is a national service (within the meaning of that Part);

“public teletext licence” means a licence to provide the public teletext service (within the meaning of Part 3 of the Communications Act 2003);

“radio multiplex licence” means a licence under Part 2 of the Broadcasting Act 1996 to provide a radio multiplex service within the meaning of that Part; and

“television multiplex licence” means a licence under Part 1 of the Broadcasting Act 1996 to provide a multiplex service within the meaning of that Part.”

(4)

In paragraph 4(2)(b) of that Part (bodies that are relevant bodies for the purposes of general disqualification on grounds of undue influence) for “as mentioned in paragraph (a)(i) or (ii) above” there shall be substituted—

“(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).”

(5)

The Secretary of State may by order make provision—

(a)

for repealing paragraph 2 of Part 2 of Schedule 2 to the 1990 Act; or

(b)

for making such other modifications of that paragraph and any enactment referring to it as he thinks fit.

(6)

Before making an order under subsection (5) (other than one that is confined to giving effect to recommendations made by OFCOM in a report of a review under section 391), the Secretary of State must consult OFCOM.

(7)

No order is to be made containing provision authorised by subsection (5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.