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

Consequential amendment of the Broadcasting Act 1990

11.—(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.”