Broadcasting Act 1990

193 Modification of networking arrangements in consequence of reports under competition legislation

(1) The Secretary of State may, in any of the circumstances in which this subsection has effect, by order provide for any networking arrangements specified in the order to have effect with such modifications as appear to him to be appropriate.

(2) Subsection (1) shall have effect in the following circumstances, namely—

(a) where the circumstances are as mentioned in section 56(1) of the Fair Trading Act 1973 (order on report on monopoly reference) and the monopoly situation exists in connection with the provision of programmes for broadcasting in regional Channel 3 services;

(b) where the circumstances are as mentioned in section 73(1) of that Act (order on report on merger reference) and one or more of the enterprises which ceased to be distinct enterprises was engaged in the provision of such programmes; and

(c) where the circumstances are as mentioned in section 10(1) of the [1980 c. 21.] Competition Act 1980 (order on report on competition reference) and the anti-competitive practice was pursued in connection with the provision of such programmes.

(3) An order under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In this section—

• “networking arrangements” means any such arrangements as are mentioned in section 39(1) above;

• “regional Channel 3 service” has the meaning given by section 14(6) above;

and any expression used in this section which is also used in the Fair Trading Act 1973 or the Competition Act 1980 has the same meaning as in that Act.