Section 193 Modification of networking arrangements in consequence of competition legislationC1

United Kingdom

(1)

F1Where F2the relevant authority makes a relevant order, the order may also provide for the modification of any networking arrangements to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2)

In subsection (1) “relevant order” means—

(a)

an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)

one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of programmes for broadcasting in regional Channel 3 services; or

(ii)

one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of such programmes; or

(b)

an order under section 160 or 161 of that Act where the feature, or combination of features, of the market F3or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of programmes for broadcasting in regional Channel 3 services.

(2A)

F4In subsection (1), “relevant authority” means—

(a)

in relation to a relevant order falling within subsection (2)(a), the F5Competition and Markets Authority or (as the case may be) the Secretary of State;

(b)

in relation to a relevant order falling within subsection (2)(b), the Competition and Markets Authority, the Secretary of State or (as the case may be) OFCOM.

(3)

Expressions used in subsection (2) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.

(4)

In this section —

“networking arrangements” means any such arrangements as are mentioned in F6section 290(4) of the Communications Act 2003; and
“regional Channel 3 service” has the meaning given by section 14(6) above.

Annotations

Textual amendments

F1: S. 193 substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 6; S.I. 2003/1397, art. 2(1), Sch.
F2: Words in s. 193(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 65(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F3: Words in s. 193(2)(b) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 71(a) (with art. 3)
F4: S. 193(2A) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 65(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F5: Words in s. 193(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 71(b) (with art. 3)
F6: Words in s. 193(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 65(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications

C1: S. 193(2)(a) extended (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 1(1), Sch. 4 para. 9