Part 6

Miscellaneous and Supplemental

Review of media ownership

Review of media ownership
391
1
It shall be the duty of OFCOM—
a
to carry out regular reviews of the operation, taken together, of all the provisions to which this section applies; and
b
to send a report on every such review to the Secretary of State.
2
This section applies to—
a
the provisions of Schedule 2 to the 1990 Act;
b
the provision made by or under Schedule 14 to this Act;
c
the provisions of sections 280 and 281 of this Act;
d
whatever provision (if any) has been made under section 283 of this Act; and
e
the provisions of Part 3 of the Enterprise Act 2002 (c. 40) so far as they relate to intervention by the Secretary of State in connection with newspapers or other media enterprises.
3
The first review must be carried out no more than three years after the commencement of this section, and subsequent reviews must be carried out at intervals of no more than three years.
4
The report to the Secretary of State on a review must set out OFCOM’s recommendations, in consequence of their conclusions on the review, for the exercise by the Secretary of State of—
a
his power to make an order under section 348(5);
b
his powers to make orders under Schedule 14;
c
his powers under sections 282 and 283; and
d
his powers under sections 44(11), 58(3) and 59(6A) of the Enterprise Act 2002 (media mergers).
5
OFCOM must publish every report sent by them to the Secretary of State under this section in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to be affected by it.