Broadcasting Citation, commencement and extent 1 This Order may be cited as the Media Ownership (Radio and Cross-media) Order 2011 and comes into force on the day after the day on which it is made. 2 This Order extends to the Isle of Man, except for article 3 in so far as it relates to paragraph 8 of Schedule 14 to the Communications Act 2003, and articles 4, 9 and 16 to 18. Amendment of Schedule 14 to the Communications Act 2003 3 In Schedule 14 to the Communications Act 2003 (media ownership rules) omit paragraph 1(2) and Part 2. Amendment of the 2003 Order 4 In the Media Ownership (Local Radio and Appointed News Provider) Order 2003 omit Parts 2 and 3 (requirements applying to local sound broadcasting licences and local digital sound programme services). Consequential amendment of the Communications Act 2003 5 Schedule 14 to the Communications Act 2003 is amended as follows. 6 1 Paragraph 3 is amended as follows. 2 Omit sub-paragraph (5). 3 In sub-paragraph (6) for “sub-paragraphs (4) and (5)” substitute “sub-paragraph (4)”. 4 In sub-paragraph (7) — a for “sub-paragraphs (4) and (5)”, substitute “sub-paragraph (4)”; b omit “, or in a particular area,”. 7 In paragraph 4 omit “national or local”. 8 Omit paragraph 5. 9 In paragraph 13(4) at the end add “or section 5(6AA) to (6AD) of the Broadcasting Act 1990”. Consequential amendment of the Broadcasting Act 1990 10 The Broadcasting Act 1990 is amended as follows. 11 1 Section 5 (restrictions on holding of licences under Part 1) is amended as follows. 2 In subsection (6A)(c) after “local market share” omit “(within the meaning of that Part of that Schedule)”. 3 After subsection (6A) insert — 6AA For the purposes of this section, the local market share of a local newspaper in any area at any time is the percentage of the total number of copies of all local newspapers sold in that area in the relevant six months which is represented by the total number of copies of that newspaper sold in that area in that six months. 6AB In subsection (6AA) “the relevant six months” means the six months ending with the last whole calendar month to end before the time in question. 6AC For the purposes of subsection (6AA), the number of copies of a newspaper sold in a particular area during any period may be taken to be such number as is estimated by OFCOM— a in such manner, or b by reference to such statistics prepared by any other person, as they think fit. 6AD In relation to a newspaper which is distributed free of charge (rather than sold), references in this section to the number of copies sold include references to the number of copies distributed. 12 In section 88 (restrictions on holding of licences under Part 3) in subsection (6A)(c) — a for the words “that Part of that Schedule” in the first place where they occur substitute “section 5”; b for those words in the second place where they occur substitute “Part 1 of Schedule 14 to the Communications Act 2003”. Consequential amendment of the Broadcasting Act 1996 13 The Broadcasting Act 1996 is amended as follows. 14 In section 5 (restrictions on holding of licences under Part 1) in subsection (7)(c) — a for the words “that Part of that Schedule” in the first place where they occur substitute “section 5 of the Broadcasting Act 1990”; b for those words in the second place where they occur substitute “Part 1 of Schedule 14 to the Communications Act 2003”. 15 In section 44 (restrictions on holding of licences under Part 2) in subsection (7)(c) — a for the words “that Part of that Schedule” in the first place where they occur substitute “section 5 of the Broadcasting Act 1990”; b for those words in the second place where they occur substitute “Part 1 of Schedule 14 to the Communications Act 2003”. Consequential amendment of the 2003 Order 16 The Media Ownership (Local Radio and Appointed News Provider) Order 2003 is amended as follows. 17 In Part 1 (general provisions) omit — a in article 2(1) the definition of “the 1990 Act”; b articles 2(2), 2A and 3. 18 Omit article 14 (restriction on holding of local radio multiplex licence: meaning of “potential audience”). Consequential amendment of the Isle of Man Order 19 In Schedule 2 to the Communications (Isle of Man) Order 2003 omit paragraph 70(c) and (d). Ed Vaizey Parliamentary Under Secretary of State Department for Culture, Media and Sport 14th June 2011