12(1)Section 5 of the 1990 Act (restrictions on the holding of licences) is amended as follows.E+W+S+N.I.
(2)For subsection (6) there is substituted—
“(6)The Commission shall not serve any such notice on the licence holder unless—
(a)the Commission have notified him of the matters complained of and given him a reasonable opportunity of making representations to them about those matters, and
(b)in a case where the relevant change is one falling within subsection (6A)—
(i)they have also given him an opportunity of complying with Parts III and IV of Schedule 2 within a period specified in the notification, and
(ii)the period specified in the notification has elapsed.
(6A)A relevant change falls within this subsection if it consists only in one or more of the following—
(a)a change in the percentage of total audience time attributable to one or more services for the purposes of paragraph 2 of Part III of Schedule 2;
(b)a change in the national market share (within the meaning of Part IV of that Schedule) of one or more national newspapers (within the meaning of that Part of that Schedule);
(c)a change in the local market share (within the meaning of that Part of that Schedule) in a particular area of one or more local newspapers (within the meaning of that Part of that Schedule).
(6B)Where a licence has been granted in a case where the Commission could have made a determination under paragraph 9(1) or 10(1) of Part IV of Schedule 2 (if satisfied that the fact mentioned in that provision could have been expected to operate against the public interest), subsection (5) does not enable the licence to be revoked merely because a change is such that the Commission would have made such a determination in the new circumstances of the case.”
(3)In subsection (7)—
(a)after paragraph (b) there is inserted— “or
(c)any other change giving rise to a failure to comply with any requirement imposed by or under Schedule 2,”, and
(b)for “(in either case)” there is substituted “ (in any case) ”.