[F17(1)OFCOM must not—U.K.
(a)approve arrangements or modifications,
(b)impose arrangements or modify imposed arrangements, or
(c)propose modifications following a review under section 293,
unless they consider that the arrangements, or the arrangements as proposed to be modified, are satisfactory.
(2)OFCOM’s consideration under sub-paragraph (1) must include consideration of the following two factors.
(3)The first factor is whether the arrangements, or the arrangements as proposed to be modified, represent a satisfactory means of achieving the purpose set out in section 290(4)(c).
(4)The second factor is the likely effect of the arrangements, or the arrangements as modified, on the ability of the persons who will be or are the holders of regional Channel 3 licences, or of any of them, to maintain the quality and range of—
(a)regional programmes included in regional Channel 3 services; and
(b)the other programmes included in such services which contribute to the regional character of the services.
(5)In this paragraph “regional programme”, in relation to a regional Channel 3 service, means a programme (including a news programme) which is of particular interest—
(a)to persons living within the area for which the service is provided;
(b)to persons living within a part of that area; or
(c)to particular communities living within that area.]
Textual Amendments
F1Sch. 11 para. 6A inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 11(7) (as amended by S.I. 2020/1343, regs. 1(1), 23(5)); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Sch. 11 para. 7 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)