(5) In preparing any advice or information under this section, the Secretary
of State shall consult the OFT, OFCOM, the Commission and such other
persons as he considers appropriate.”
377 General advisory functions of OFCOM in relation to newspaper mergers
After section 106A of the Enterprise Act 2002 (c. 40) there shall be inserted—
“106B General advisory functions of OFCOM
(1) OFCOM may, in connection with any case on which they are required
to give a report by virtue of section 44A or 61A, give such advice as they
consider appropriate to the Secretary of State in relation to—
(a) any report made in such a case by the Commission under
section 50 or 65; and
(b) the taking by the Secretary of State of enforcement action under
(2) OFCOM may, if requested to do so by the Secretary of State, give such
other advice as they consider appropriate to the Secretary of State in
connection with any case on which they are required to give a report by
virtue of section 44A or 61A.
(3) OFCOM shall publish any advice given by them under this section but
advice given by them in relation to a report of the Commission under
section 50 or 65 or related enforcement action shall not be published
before the report itself is published.”
378 Other general functions of OFCOM in relation to newspaper mergers
After section 119 of the Enterprise Act 2002 there shall be inserted—
“Further provision about newspaper mergers
119A Other general functions of OFCOM in relation to this Part
(1) OFCOM has the function of obtaining, compiling and keeping under
review information about matters relating to the carrying out of their
functions under this Part.
(2) That function is to be carried out with a view to (among other things)
ensuring that OFCOM has sufficient information to take informed
decisions and to carry out their other functions effectively.
(3) In carrying out that function OFCOM may carry out, commission or
support (financially or otherwise) research.
(4) Section 3 of the Communications Act 2003 (general duties of OFCOM)
shall not apply in relation to functions of OFCOM under this Part.”
379 Monitoring role for OFT in relation to newspaper mergers
After section 119A of the Enterprise Act 2002 there shall be inserted—
“119B Monitoring role for OFT in relation to newspaper mergers
(1) The OFT has the function of obtaining, compiling and keeping under
review information about matters which may be relevant to the
Secretary of State in deciding whether to give a special intervention
notice mentioning a consideration specified in section 58(2A) or (2B).
(2) That function is to be carried out with a view to (among other things)
ensuring that the Secretary of State is aware of cases where, in the
opinion of the OFT, he might wish to consider giving such a notice.
(3) That function does not extend to obtaining, compiling or keeping under
review information with a view to carrying out a detailed analysis in
each case of the operation in relation to that case of the consideration
specified in section 58(2A) or (2B).”
Supplemental provisions of Chapter 2
380 Enforcement powers in relation to newspaper mergers
In Schedule 8 to the Enterprise Act 2002 (c. 40) (provision that may be
contained in certain enforcement orders) after paragraph 20 there shall be
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; or
(ii) a special intervention notice which mentions a
consideration specified in section 58(2A) or (2B); 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,
(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
(5) This paragraph is without prejudice to the operation of the other
paragraphs of this Schedule in relation to the order concerned.”
381 Alterations to 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 Part 3 of 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”.
382 Further provision in connection with newspaper mergers
(1) Schedule 16 (which contains further amendments in connection with
newspaper 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 395 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).
Miscellaneous and Supplemental
383 Annual report on the Secretary of State’s functions
(1) The Secretary of State must prepare and lay before Parliament regular reports
on the carrying out by him of the functions to which this section applies.
(2) This section applies to the Secretary of State’s functions under the following
(a) this Act;
(b) the Office of Communications Act 2002 (c. 11);
(c) the enactments relating to the management of the radio spectrum so far
as not comprised in this Act;
(d) the 1990 Act;
(e) the 1996 Act.
(3) The first report under this section must relate to the period which—
(a) begins with 19th March 2002 (the date of the passing of the Office of
Communications Act 2002); and
(b) ends with the period of twelve months beginning with the first date to
be appointed for the purposes of section 2 of this Act.
(4) Every subsequent report must relate to the period of twelve months beginning
with the end of the period to which the previous report related.
(5) The obligation under this section to prepare and lay a report before Parliament
is an obligation to do that as soon as reasonably practicable after the end of the
period to which the report relates.
(6) Where a report for the purposes of this section relates to a period the whole or
a part of which falls before the time when the whole of this Act is in force, the
functions referred to in subsection (2) are to be taken as excluding all functions
under the specified enactments that will have ceased to be functions of the
Secretary of State when the whole of this Act is in force.
Review of media ownership
384 Review of media ownership
(1) It shall be the duty of OFCOM—
(a) to carry out regular reviews of the operation, taken together, of all the
provisions to which this section applies; and
(b) to send a report on every such review to the Secretary of State.
(2) This section applies to—
(a) the provisions of Schedule 2 to the 1990 Act;
(b) the provision made by or under Schedule 14 to this Act;
(c) the provisions of section 276 of this Act and section 32 of the 1990 Act;
(d) whatever provision (if any) has been made under section 278 of this
(e) the provisions of Part 3 of the Enterprise Act 2002 (c. 40) so far as they
relate to intervention by the Secretary of State in connection with
(3) The first review must be carried out no more than three years after the
commencement of this section, and subsequent reviews must be carried out at
intervals of no more than three years.
(4) The report to the Secretary of State on a review must set out OFCOM’s
recommendations, in consequence of their conclusions on the review, for the
exercise by the Secretary of State of—
(a) his power to make an order under section 340(5);
(b) his powers to make orders under Schedule 14; and
(c) his powers in relation to news provision;
(d) his powers under sections 44(10), 58(3) and 59(6E) of the Enterprise Act
2002 (newspaper mergers).
(5) The Secretary of State’s powers in relation to news provision are his powers to
make orders under—
(a) section 277;
(b) section 278; and
(c) section 343(3).
(6) OFCOM must publish every report sent by them to the Secretary of State under
this section in such manner as they consider appropriate for bringing it to the
attention of persons who, in their opinion, are likely to be affected by it.