5[F1(1)The Chapter I prohibition does not apply in respect of any networking arrangements to the extent that they—U.K.
(a)have been approved for the purposes of licence conditions imposed under section 291 of the Communications Act 2003; or
(b)are arrangements that have been considered under Schedule 4 to the Broadcasting Act 1990 and fall to be treated as so approved;
nor does that prohibition apply in respect of things done with a view to arrangements being entered into or approved to the extent that those things have effect for purposes that are directly related to, and necessary for compliance with, conditions so imposed.]
(2)[F2OFCOM] must publish a list of the networking arrangements which in their opinion are excluded from the Chapter I prohibition by virtue of sub-paragraph (1).
(3)[F3OFCOM] must—
(a)consult the [F4CMA] before publishing the list, and
(b)publish the list in such a way as they think most suitable for bringing it to the attention of persons who, in their opinion, would be affected by, or likely to have an interest in, it.
[F5(4)In this paragraph “networking arrangements” has the same meaning as in Part 3 of the Communications Act 2003.]
Textual Amendments
F1Sch. 2 para. 5(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 291(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2Words in Sch. 2 para. 5(2) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(6)(a), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F3Words in Sch. 2 para. 5(3) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(6)(b), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F4Word in Sch. 2 para. 5(3)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 54 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5Sch. 2 para. 5(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 291(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)