Schedule 6A, paragraph 1

Sections 23 to 29 apply for the purposes of Chapter 3A of Part 1, subject to the following modifications. Section 23 is to be read as if— in subsection (1), for the amount in paragraph (b), there were substituted “£2 million”; in subsection (9), for paragraphs (a) and (b), there were substituted— in relation to the giving of a foreign state intervention notice, the time when the notice is given; in relation to the giving of a report by the CMA under section 70B, the time of the giving of the report. Section 24 is to be read as if— for subsection (1)(a) there were substituted— the two or more enterprises ceased to be distinct enterprises before the day on which— and did so not more than four months before that day; or in a case to which section 23(9)(a) applies, the foreign state intervention notice relating to them is given, or in a case to which section 23(9)(b) applies, the CMA gives its report relating to them under section 70B, in subsection (1)(b), after “distinct enterprises” there were inserted “, including facts about whether or the extent to which a foreign power is able to control or influence the policy of a person carrying on a newspaper enterprise as a result of the enterprises ceasing to be distinct enterprises,”; the reference to the CMA in subsection (2)(a) included a reference to the Secretary of State; for subsection (2)(b) there were substituted— it is given to the Secretary of State or the CMA more than four months before the day on which— in a case to which section 23(9)(a) applies, the foreign state intervention notice relating to them is given, or in a case to which section 23(9)(b) applies, the CMA gives its report relating to them under section 70B; or the facts are made public more than four months before the day on which— in a case to which section 23(9)(a) applies, the foreign state intervention notice relating to them is given, or in a case to which section 23(9)(b) applies, the CMA gives its report relating to them under section 70B. Section 25 is to be read as if— subsections (4) and (5) were omitted; the powers to extend time-limits under section 25 were not exercisable by the CMA before the giving of a foreign state intervention notice by the Secretary of State. Section 26 is to be read as if— in subsection (3)— “materially” were omitted; for “may, for the purposes of subsections (1) and (2), be treated” there were substituted “is to be treated, for the purposes of subsections (1) and (2),”; for subsection (4) there were substituted— For the purposes of subsection (1), in so far as it relates to bringing two or more enterprises under common control, where a foreign power is already able to control or influence the policy of a person carrying on a newspaper enterprise to some extent, the foreign power is to be treated as bringing the newspaper enterprise under its control if anything is done which results in the foreign power being able to control or influence the policy of that person to a greater extent (whether by virtue of acquiring more shares or voting rights in the person, directly or indirectly, or otherwise). Section 27 is to be read as if— references to the “decision-making authority” were to “the CMA or the Secretary of State”; in subsection (5), for “a reference” there were substituted “deciding whether or when a foreign state newspaper merger situation has been created”. Section 28 is to be read as if, in subsection (4), the reference to the “decision-making authority” were to “the CMA or the Secretary of State”. Section 29 is to be read as if— in subsection (1)— the reference to the “decision-making authority” were to “the CMA or the Secretary of State”; for “a reference” there were substituted “deciding whether or when a foreign state newspaper merger situation has been created”; in subsection (2)(a)(i) “materially” were omitted; in subsection (2)(a)(ii), for “degree” there were substituted “extent”; subsection (2)(b) and (3) were omitted.

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Source: legislation.gov.uk · retrieved 2026-09-04