Explanatory note

This Order makes consequential amendments in connection with the commencement of the media merger provisions of the Communications Act 2003, which amend the Enterprise Act 2002. It also makes minor amendments consequential upon the Enterprise Act 2002.

The Enterprise Act 2002 repealed the merger provisions of the Fair Trading Act 1973, except for the special newspaper merger provisions, which will be repealed on 29 December 2003. This Order repeals those provisions of the Fair Trading Act 1973, and related provisions, which are no longer required given the repeal of the special newspaper merger provisions.

Amendments were made to the Enterprise Act 2002 by the Communications Act 2003 so as to enable the Secretary of State to intervene in qualifying mergers on media public interest grounds. The amendments also introduced an advisory role for OFCOM (Office of Communications) in media mergers where the Secretary of State decides to intervene on media public interest grounds.

The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 provides for the taking of action by the Secretary of State where a European intervention notice has been given to protect legitimate interests as permitted by the European Merger Regulation (Council Regulation (EEC) No. 4064/89 of 21st December 1989 on the control of concentrations between undertakings as amended by Council Regulation (EC) No. 1310/97 of 30th June 1997. This Order makes consequential amendments to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 to make provision for OFCOM’s advisory role where a European intervention notice has been given invoking a media public interest consideration. These amendments mirror those amendments made to the public interest regime of the Enterprise Act 2002, by the Communications Act 2003.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of business.