Communications Act 2003

Supplemental provisions of Chapter 2

387Enforcement powers in relation to newspaper and other media mergers

In Schedule 8 to the Enterprise Act 2002 (provision that may be contained in certain enforcement orders) after paragraph 20 there shall be inserted—

“Newspaper mergers

20A(1)This paragraph applies in relation to any order—

(a)which is to be made following the giving of—

(i)an intervention notice which mentions a newspaper public interest consideration;

(ii)an intervention notice which mentions any other media public interest consideration in relation to a relevant merger situation in which one of the enterprises ceasing to be distinct is a newspaper enterprise;

(iii)a special intervention notice which mentions a consideration specified in section 58(2A) or (2B); or

(iv)a special intervention notice which, in relation to a special merger situation in which one of the enterprises ceasing to be distinct is a newspaper enterprise, mentions a consideration specified in section 58(2C); and

(b)to which the consideration concerned is still relevant.

(2)The order may make such provision as the person making the order considers to be appropriate in all circumstances of the case.

(3)Such provision may, in particular, include provision requiring a person to do, or not to do, particular things.

(4)Provision made by virtue of this paragraph may, in particular, include provision—

(a)altering the constitution of a body corporate (whether in connection with the appointment of directors, the establishment of an editorial board or otherwise);

(b)requiring the agreement of the relevant authority or another person before the taking of particular action (including the appointment or dismissal of an editor, journalists or directors or acting as a shadow director);

(c)attaching conditions to the operation of a newspaper;

(d)prohibiting consultation or co-operation between subsidiaries.

(5)In this paragraph “newspaper public interest consideration” means a media public interest consideration other than one which is such a consideration—

(a)by virtue of section 58(2C); or

(b)by virtue of having been, in the opinion of the Secretary of State, concerned with broadcasting and a consideration that ought to have been specified in section 58.

(6)This paragraph is without prejudice to the operation of the other paragraphs of this Schedule in relation to the order concerned.”

388Alterations concerning newspaper panel of Competition Commission

In paragraph 1 of Schedule 7 to the Competition Act 1998 (c. 41) (the Competition Commission: interpretation), in the definition of “newspaper merger reference”, for the words from “newspaper”, where it occurs for the second time, to “Act” there shall be substituted “reference under section 45 of the Enterprise Act 2002 which specifies a newspaper public interest consideration (within the meaning of paragraph 20A of Schedule 8 to that Act) or a reference under section 62 of that Act which specifies a consideration specified in section 58(2A) or (2B) of that Act”.

389Further provision in connection with media mergers

(1)Schedule 16 (which contains further amendments in connection with media mergers) shall have effect.

(2)Sections 276(2) and (3) and 277 of the Enterprise Act 2002 (c. 40) (power to make transitional and consequential amendments etc.) shall apply in relation to this Chapter of this Part of this Act and its related repeals as they apply in relation to that Act.

(3)For the avoidance of doubt, the power conferred by virtue of subsection (2) by applying section 277 of the Act of 2002 includes the power to modify that Act.

(4)Section 402 shall not apply in relation to any power to make an order which is exercisable by the Secretary of State by virtue of subsection (2).