After section 104 of the Enterprise Act 2002 (c. 40) there shall be inserted—

“104APublic consultation in relation to media mergers

(1)

Subsection (2) applies where the Commission—

(a)

is preparing—

(i)

a report under section 50 on a reference which specifies a media public interest consideration; or

(ii)

a report under section 65 on a reference which specifies a consideration specified in section 58(2A) to (2C); and

(b)

is not under a duty to disregard the consideration concerned.

(2)

The Commission shall have regard (among other things) to the need to consult the public so far as they might be affected by the creation of the relevant merger situation or special merger situation concerned and so far as such consultation is practicable.

(3)

Any consultation of the kind mentioned in subsection (2) may be undertaken by the Commission by consulting such representative sample of the public or section of the public concerned as the Commission considers appropriate.”