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Communications Act 2003

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This is the original version (as it was originally enacted).

Powers supplemental to powers under paragraphs 11 and 12

This section has no associated Explanatory Notes

13(1)An order under paragraph 11 or 12 may make provision for treating—

(a)persons who are connected with a person who holds a licence,

(b)persons who are associates of a person who holds a licence or of a person who is connected with a person who holds a licence, and

(c)persons who (whether alone or together with such persons as may be described in the order) participate in a body which holds a licence or is treated as doing so by virtue of paragraph (a) or (b),

as if each of them were also a holder of the licence for the purposes of a requirement imposed under that paragraph.

(2)An order under paragraph 12 may make provision for treating—

(a)persons who are connected with a person who provides a local digital sound programme service,

(b)persons who are associates of a person who provides such a service or of a person who is connected with a person who provides such a service, and

(c)persons who (whether alone or together with such persons as may be described in the order) participate in a body who provides such a service or is treated as doing so by virtue of paragraph (a) or (b),

as if each of them were also a person providing the service for the purposes of a requirement imposed under that paragraph.

(3)An order under paragraph 11 or 12 may also make provision for treating—

(a)persons who are connected with each other,

(b)persons who are associates of each other, and

(c)persons who (whether alone or together with such persons as may be described in the order) participate in a body,

as if they and such other persons who are connected with, associates of or participators in any of them as may be described in the order were the same person for the purposes of a requirement imposed under that paragraph.

(4)An order under paragraph 11 may make provision—

(a)as to the circumstances in which a newspaper is to be treated as a national newspaper or a local newspaper for the purposes of a requirement imposed under that paragraph;

(b)as to the person or persons who are to be treated for any such purposes as running a newspaper;

(c)as to the determination for any such purposes of the area within which a local newspaper is circulating; and

(d)as to what is to constitute the national market share or local market share of any newspaper or of a number of newspapers taken together;

and provision made by virtue of this paragraph may apply, with or without modifications, any of the provisions of paragraph 3 or 4 of this Schedule.

(5)Power to make provision with respect to any matter by any order under paragraph 11 or 12 includes power—

(a)to make provision with respect to that matter by reference to the making or giving by OFCOM, in accordance with the order, of any determination, approval or consent; and

(b)to confer such other discretions on OFCOM as the Secretary of State thinks fit.

(6)Sub-paragraph (5) of paragraph 12 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.

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