Paragraph 4

(1)

A person is a disqualified person in relation to F1a Broadcasting Act licence if in the opinion of F2OFCOM—

(a)

any relevant body is, by the giving of financial assistance or otherwise, exerting influence over the activities of that person, and

(b)

that influence has led, is leading or is likely to lead to results which are adverse to the public interest.

(2)

In sub-paragraph (1) “relevant body”—

(a)

in relation to a licence granted F3under Part 1 of this Act or Part 1 of the Broadcasting Act 1996, means a person falling within paragraph 1(1)(c) to (h) or (j) above or a body which is controlled—

(i)

by a person falling within paragraph 1(1)(c) to (g) above, or

(ii)

by two or more such persons taken together; and

(b)

in relation to a licence granted F4under Part 3 of this Act or Part 2 of the Broadcasting Act 1996, means a person falling within paragraph 1(1)(c) to (h) or (j) or 3 above or a body which is controlled .

F5(i)

by a person falling within paragraph 1(1)(c) to (g) above;

(ii)

by a person falling within paragraph 3 above; or

(iii)

by two or more persons taken together each of whom falls within sub-paragraph (i) or (ii) (whether or not they all fall within the same sub-paragraph).

Annotations

Textual amendments

F1: Words in Sch. 2 Pt. 2 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 69(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2: Words in Sch. 2 Pt. 2 para. 4(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), Sch. 15 para. 69(7), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F3: Words in Sch. 2 Pt. 2 para. 4(2)(a) substituted (29.12.2003) by Communications Act 2003 (c. 21), Sch. 15 para. 69(8)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F4: Words in Sch. 2 Pt. 2 para. 4(2)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), Sch. 15 para. 69(8)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F5: Words in Sch. 2 Pt. 2 para. 4(2)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 348(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Notes on Schedule 2

Modifications

C1: Sch. 2 power to amend or modify conferred (17.10.2024) by 2003 c. 21, s. 245(3A)-(3C) (as inserted by Media Act 2024 (c. 15), ss. 46(3), 55(3)(e); S.I. 2024/1033, reg. 3(f))

Notes on Part II

Modifications

C1: Sch. 2 Pt. 2 applied (with modifications) (20.7.2004) by The Community Radio Order 2004 (S.I. 2004/1944), arts. 1(2), 6 (as amended (27.3.2015) by S.I. 2015/1000, art. 2)
C2: Sch. 2 Pt. 2 modified (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 5
C3: Sch. 2 Pt. 2 applied (with modifications) (25.10.2019) by The Small-scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387), arts. 1, 5