Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p28
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 68848–71698

of the licence or any undertaking given under sub-section 83 (5), 86 (10) or 89a (1a) in relation to the licence;
          (ii) if the applicant is a prescribed party, within the meaning of section 90j, to the transaction—the Tribunal is satisfied that approval of the transaction should be refused in whole or in part in so far as it affects the applicant by reason that the applicant—
              (a) is not a fit and proper person to hold the interests to which the transaction relates; or
              (b) does not have the financial, technical or management capabilities necessary effectively to operate the broadcasting station to which the licence relates;
          (iii) if—
              (a) the licence to which the transaction relates is not a licence for a metropolitan commercial broadcasting station; and
              (b) in the opinion of the Tribunal, in the area served in pursuance of that licence, satisfactory reception is being obtained of programs of one or more broadcasting or television stations operated by virtue of another licence or licences,

              the Tribunal is satisfied, having regard to the need to avoid undue concentration of influence, whether direct or indirect, on the companies holding those licences, that approval of the transaction should be refused in whole or in part in so far as it affects the applicant,
then, subject to this section, the Tribunal, by notice in writing served on the applicant—
     (d) where paragraph (a) applies by reason that, if the application were an application of a kind referred to in that paragraph, the Tribunal would be required to refuse the application by reason of the operation of sub-paragraph 89a (1d) (d) (ii) or (iii)—shall refuse approval of the whole transaction in so far as it affects the applicant;
     (e) where paragraph (a) applies otherwise than as described in paragraph (d) or where paragraph (b) applies—may refuse approval of the whole transaction in so far as it affects the applicant; or
     (f) where paragraph (c) applies—shall, as the case requires—
          (i) refuse approval of the transaction, in so far as it affects the applicant, to the extent that it relates to specified interests or interests of a specified amount, and approve the remainder of the transaction in so far as it affects the applicant; or
          (ii) refuse approval of the whole transaction in so far as it affects the applicant.
"(3) In sub-paragraph (2) (c) (iii) (except in sub-sub-paragraph (a)), 'licence' means—
     (a) a licence for a commercial broadcasting station other than a metropolitan commercial broadcasting station; or
     (b) a licence for a commercial television station, other than a licence referred to in paragraph 92 (1) (c).
"(4) This sub-section applies in relation to a person, in relation to a transaction, if—
     (a)