The Broadcasting (Restrictions on the Holding of Licences) Order 1991

PART II TELEVISION

Regional Channel 3

3.—(1) In addition to the limits on the holding of licences to provideregional Channel 3 services specified in paragraph 2(1) of Part III ofSchedule 2 to the Act (no person to hold more than two licences forregional Channel 3) and article 4 a person shall not at any time holdtwo licences to provide regional Channel 3 services if each of them isprovided for one of the areas specified in paragraph (3).

(2) The areas specified in paragraph (3) and article 4(2) are areas ofthe United Kingdom in respect of which the Independent TelevisionCommission have determined that a regional Channel 3 service is to beprovided.

(3) The areas referred to in paragraph (1) are—

(a) Central Scotland;

(b) East, West and South Midlands;

(c) East of England;

(d) London;

(e) North-West England;

(f) South and South-East England;

(g) Wales and West of England; and

(h) Yorkshire.

4.—(1) In addition to the limits on the holding of licences to provideregional Channel 3 services specified in paragraph 2(1) of Part III ofSchedule 2 to the Act and article 3 a person shall not at any time holdtwo licences to provide regional Channel 3 services if they are for anyof the combinations of areas specified in paragraph (2).

(2) The combinations referred to in paragraph (1) are—

(a) Borders and Isle of Man and—

(i) Central Scotland,

(ii) North East England, or

(iii) North West England;

(b) North Scotland and Central Scotland;

(c) North-East England and Yorkshire;

(d) South-West England and—

(i) South and South-East England, or

(ii) Wales and West of England.

5.—(1) A person who is the holder of licences to provide two regionalChannel 3 services (in accordance with paragraph 2(1) of Part III ofSchedule 2 to the Act and articles 3 and 4) shall not be a participantwith more than a 20% interest in a body corporate which is the holder of another licence to provide a regional Channel 3 service.

(2) Where such a person as is mentioned in paragraph (1) is aparticipant with more than a 5% interest in a body corporate which isthe holder of another licence to provide a regional Channel 3 service(but, in accordance with that paragraph, is not a participant with morethan a 20% interest in it), he shall not be a participant with more than a 5% interest in any other such body corporate.

6.—(1) A person who is—

(a) the holder of a licence to provide a regional Channel 3 service;and

(b) a participant with more than a 20% interest in a body corporatewhich is the holder of a licence to provide another such service,

• shall not be a participant with more than a 20% interest in anyother body corporate which is the holder of a licence to provide aregional Channel 3 service.

(2) Where such a person as is mentioned in paragraph (1) is aparticipant with more than a 5% interest in a body corporate which isthe holder of a licence to provide a regional Channel 3 service (but, inaccordance with that paragraph, is not a participant with more than a20% interest in it), he shall not be a participant with more than a 5% interest in any other such body corporate.

National Channel 3

7.—(1) A person who is the holder of a licence to provide a nationalChannel 3 service shall not be a participant with more than a 20%interest in a body corporate which is the holder of another licence toprovide a national Channel 3 service.

(2) Where such a person as is mentioned in paragraph (1) is aparticipant with more than a 5% interest in a body corporate which isthe holder of another licence to provide a national Channel 3 service(but, in accordance with that paragraph, is not a participant with morethan a 20% interest in it), he shall not be a participant with more than a 5% interest in any other such body corporate.

Channel 5

8.—(1) A person who is the holder of a licence to provide Channel 5 shallnot be a participant with more than a 20% interest in a body corporatewhich is the holder of another licence to provide Channel 5.

(2) Where such a person as is mentioned in paragraph (1) is aparticipant with more than a 5% interest in a body corporate which isthe holder of another licence to provide Channel 5 (but, in accordancewith that paragraph, is not a participant with more than a 20% interestin it), he shall not be a participant with more than a 5% interest inany other such body corporate.

Regional and national Channel 3 and Channel 5

9.  Where a person, who is the holder of a licence to provide one of theservices mentioned in paragraph 5(1) of Part III of Schedule 2 to theAct, is a participant with more than a 5% interest in a body corporatewhich is the holder of a licence to provide a service falling withineither of the other two categories mentioned there (but, in accordancewith paragraph 5(2) of the said Part III, is not a participant with morethan a 20% interest in such a body corporate), he shall not be aparticipant with more than a 5% interest in any other such bodycorporate.

Outside participation in Channel 3 and Channel 5

10.—(1) A person to whom this article applies shall not—

(a) if he is a participant with more than a 20% interest in two bodiescorporate which are the holders of licences to provide regional Channel3 services, be a participant with more than a 20% interest in a thirdsuch body corporate; nor

(b) if he is a participant with more than a 20% interest in a bodycorporate which is the holder of a licence to provide any of theservices mentioned in paragraph 1(2)(a) of Part III of Schedule 2 to theAct, be a participant with more than a 20% interest in a second suchbody corporate where either of the bodies is the holder of a licence toprovide a national Channel 3 service or Channel 5.

(2) Where such a person as is mentioned in paragraph (1) is aparticipant in the maximum number of bodies corporate permitted by thatparagraph, he shall not be a participant with more than a 5% interest in any other body corporate which is the holder of a licence to provide aChannel 3 service or Channel 5.

(3) A person to whom this article applies shall not, if he is aparticipant with more than a 5% interest in three bodies corporate which are the holders of licences to provide Channel 3 services or Channel 5,be a participant with more than a 5% interest in any other such bodycorporate.

(4) This article applies to a person who does not hold a licence toprovide a Channel 3 service or Channel 5 and has effect as if he andevery person connected with him were one person.