The Media Ownership (Radio and Cross-media) Order 2011

• Citation: S.I. 2011/1503
• Sections: 19

Section 1 Citation, commencement and extent

This Order may be cited as the Media Ownership (Radio and Cross-media) Order 2011 and comes into force on the day after the day on which it is made.

Section 2 Citation, commencement and extent

This Order extends to the Isle of Man, except for article 3 in so far as it relates to paragraph 8 of Schedule 14 to the Communications Act 2003, and articles 4, 9 and 16 to 18.

Section 3 Amendment of Schedule 14 to the Communications Act 2003

In Schedule 14 to the Communications Act 2003 (media ownership rules) omit paragraph 1(2) and Part 2.

Section 4 Amendment of the 2003 Order

In the Media Ownership (Local Radio and Appointed News Provider) Order 2003 omit Parts 2 and 3 (requirements applying to local sound broadcasting licences and local digital sound programme services).

Section 5 Consequential amendment of the Communications Act 2003

Schedule 14 to the Communications Act 2003 is amended as follows.

Section 6 Consequential amendment of the Communications Act 2003

(1) Paragraph 3 is amended as follows.

(2) Omit sub-paragraph (5).

(3) In sub-paragraph (6) for “sub-paragraphs (4) and (5)” substitute “sub-paragraph (4)”.

(4) In sub-paragraph (7) —

(a) for “sub-paragraphs (4) and (5)”, substitute “sub-paragraph (4)”;

(b) omit “, or in a particular area,”.

Section 7 Consequential amendment of the Communications Act 2003

In paragraph 4 omit “national or local”.

Section 8 Consequential amendment of the Communications Act 2003

Omit paragraph 5.

Section 9 Consequential amendment of the Communications Act 2003

In paragraph 13(4) at the end add “or section 5(6AA) to (6AD) of the Broadcasting Act 1990”.

Section 10 Consequential amendment of the Broadcasting Act 1990

The Broadcasting Act 1990 is amended as follows.

Section 11 Consequential amendment of the Broadcasting Act 1990

(1) Section 5 (restrictions on holding of licences under Part 1) is amended as follows.

(2) In subsection (6A)(c) after “local market share” omit “(within the meaning of that Part of that Schedule)”.

(3) After subsection (6A) insert —

(6AA) For the purposes of this section, the local market share of a local newspaper in any area at any time is the percentage of the total number of copies of all local newspapers sold in that area in the relevant six months which is represented by the total number of copies of that newspaper sold in that area in that six months.

(6AB) In subsection (6AA) “the relevant six months” means the six months ending with the last whole calendar month to end before the time in question.

(6AC) For the purposes of subsection (6AA), the number of copies of a newspaper sold in a particular area during any period may be taken to be such number as is estimated by OFCOM—

(a) in such manner, or

(b) by reference to such statistics prepared by any other person,

as they think fit.

(6AD) In relation to a newspaper which is distributed free of charge (rather than sold), references in this section to the number of copies sold include references to the number of copies distributed.

Section 12 Consequential amendment of the Broadcasting Act 1990

In section 88 (restrictions on holding of licences under Part 3) in subsection (6A)(c) —

(a) for the words “that Part of that Schedule” in the first place where they occur substitute “section 5”;

(b) for those words in the second place where they occur substitute “Part 1 of Schedule 14 to the Communications Act 2003”.

Section 13 Consequential amendment of the Broadcasting Act 1996

The Broadcasting Act 1996 is amended as follows.

Section 14 Consequential amendment of the Broadcasting Act 1996

In section 5 (restrictions on holding of licences under Part 1) in subsection (7)(c) —

(a) for the words “that Part of that Schedule” in the first place where they occur substitute “section 5 of the Broadcasting Act 1990”;

(b) for those words in the second place where they occur substitute “Part 1 of Schedule 14 to the Communications Act 2003”.

Section 15 Consequential amendment of the Broadcasting Act 1996

In section 44 (restrictions on holding of licences under Part 2) in subsection (7)(c) —

(a) for the words “that Part of that Schedule” in the first place where they occur substitute “section 5 of the Broadcasting Act 1990”;

(b) for those words in the second place where they occur substitute “Part 1 of Schedule 14 to the Communications Act 2003”.

Section 16 Consequential amendment of the 2003 Order

The Media Ownership (Local Radio and Appointed News Provider) Order 2003 is amended as follows.

Section 17 Consequential amendment of the 2003 Order

In Part 1 (general provisions) omit —

(a) in article 2(1) the definition of “the 1990 Act”;

(b) articles 2(2), 2A and 3.

Section 18 Consequential amendment of the 2003 Order

Omit article 14 (restriction on holding of local radio multiplex licence: meaning of “potential audience”).

Section 19 Consequential amendment of the Isle of Man Order

In Schedule 2 to the Communications (Isle of Man) Order 2003 omit paragraph 70(c) and (d).