20ANewspaper mergers

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;

ii

an intervention notice which mentions any other media public interest consideration in relation to a relevant merger situation in which one of the enterprises ceasing to be distinct is a newspaper enterprise;

iii

a special intervention notice which mentions a consideration specified in section 58(2A) or (2B); or

iv

a special intervention notice which, in relation to a special merger situation in which one of the enterprises ceasing to be distinct is a newspaper enterprise, mentions a consideration specified in section 58(2C); 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, include provision—

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 subsidiaries.

5

In this paragraph “newspaper public interest consideration” means a media public interest consideration other than one which is such a consideration—

a

by virtue of section 58(2C); or

b

by virtue of having been, in the opinion of the Secretary of State, concerned with broadcasting and a consideration that ought to have been specified in section 58.

6

This paragraph is without prejudice to the operation of the other paragraphs of this Schedule in relation to the order concerned.