SCHEDULES

SCHEDULE 15Amendments of Broadcasting Acts

Part 1Amendments of the 1990 Act

Restrictions on holding licences

I135

1

Section 88 of the 1990 Act (restrictions on the holding of licences) shall be amended as follows.

2

For “The Authority” and “the Authority”, wherever occurring, there shall be substituted OFCOM.

3

In subsection (2) (incidental requirements to provide information), after paragraph (d) there shall be inserted—

da

impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—

i

shareholdings in the body; or

ii

the directors of the body;

db

impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—

i

whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2; or

ii

whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;

4

In subsection (6)—

a

in paragraph (a), for “complained of” there shall be substituted “ constituting their grounds for revoking the licence ”; and

b

in paragraph (b)(i), for “Parts III and IV of Schedule 2” there shall be substituted “ the requirements imposed by or under Schedule 14 to the Communications Act 2003 ”.

5

In subsection (6A)—

a

paragraph (a) shall cease to have effect; and

b

in paragraph (b), for “Part IV of that Schedule” there shall be substituted “ Part 1 of Schedule 14 to the Communications Act 2003 ”.

6

Subsection (6B) shall cease to have effect.

7

In subsection (7), for the words from “a failure” to the end of paragraph (c) there shall be substituted “ a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003, ”.