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Powers of Secretary of State in relation to code about provision for deaf and visually impaired

'.--(1) The Secretary of State may by order--
(a) amend subsection (1B) of section 19 by substituting for any percentage specified there a percentage specified in the order, and
(b) require the Commission to include in the code maintained under that section the requirement that in each week, at least a percentage specified in the order of so much of any digital programme service or qualifying service as consists of programmes which are not excluded programmes for the purposes of that section in relation to presentation in, or translation into, sign language is to be so presented or translated.
(2) In subsection (1) "qualifying service" does not include the qualifying teletext service.
(3) Before making an order under subsection (1), the Secretary of State shall consult the Commission.
(4) No order under subsection (1) shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.'.
35

Insert the following new clause--

Compliance with code about provision for deaf and visually impaired

'.--(1) The Commission shall do all that they can to secure that the provisions of the code maintained by them under section 19 are observed in the provision of digital programme services and qualifying services.
(2) Without prejudice to the generality of subsection (1), a digital programme licence shall include such conditions as appear to the Commission to be appropriate for requiring the holder of the licence, on entering into any such agreement as is mentioned in section 18(3)(a), to submit to the Commission proposals for ensuring that the code is complied with in relation to the provision of the digital programme service.

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(3) Where the holder of a digital programme licence has submitted proposals to the Commission in accordance with a condition included in the licence by virtue of subsection (2) or has failed to comply with such a condition, the Commission shall, after consulting him, vary the licence so as to include in the licence such further conditions as they consider appropriate for the purpose of securing compliance with the code in the provision of the digital programme service in question.'.
36

Clause 20, page 21, line 14, at end insert--


'(4A) Where, in the case of any multiplex service, the first accounting period of the holder of the multiplex licence throughout which the holder of the digital programme licence provides a digital programme service for broadcasting by means of the multiplex service ("the first period") has not yet ended, then for the purposes of subsection (3) the share of multiplex revenue attributable to the holder of the digital programme licence in relation to that multiplex service for the relevant accounting period shall be taken to be the amount which the Commission estimate to be the share of multiplex revenue attributable to him for the first period.'.
37

Clause 21, page 22, line 1, leave out 'or an ancillary service' and insert 'an ancillary service or a technical service'.


38

Page 22, line 3, leave out 'subsection (1)' and insert 'this Part'.


39

Page 22, line 6, leave out 'provided by means of a teletext service'.


40

Page 22, line 9, leave out from 'which' to end of line 10 and insert--


'(i) are ancillary to such programmes and directly related to their contents, or
(ii) relate to the promotion or listing of such programmes.'.
41

Page 22, line 10, at end insert--


'(3) In this Part "technical service" means a service which--
(a) is provided for technical purposes connected with the encryption or decryption of one or more digital programme services or digital additional services, and
(b) is of a description specified in an order made by the Secretary of State.
(4) An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
42

Clause 24, page 23, line 40, at end insert--


'(4A) Where, in the case of any multiplex service, the first accounting period of the holder of the multiplex licence throughout which the holder of the digital additional services licence provides a digital additional service for broadcasting by means of the multiplex service ("the first period") has not yet ended, then for the purposes of subsection (3) the share of multiplex revenue attributable to the holder of the digital additional services licence in relation to that multiplex service for the relevant accounting period shall be taken to be the amount which the Commission estimate to be the share of multiplex revenue attributable to him for the first period.'.
43

Clause 25, page 24, leave out lines 44 to 46 and insert--


'(a) provide, in relation to any frequency to which this section applies--
(i) that any or all of the provisions of sections 7 to 15 and sections 17 and 18 are not to apply, or are to apply with specified modifications, and
(ii) that provisions of the order are to have effect in place of any or all of those provisions,'.
44

Page 25, line 6, leave out 'qualifying service' and insert 'service specified in section 2(3) corresponding to the qualifying service ("the corresponding analogue service")'.

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45

Page 25, line 7, leave out 'that service in digital form' and insert 'the qualifying service'.


46

Page 25, line 10, leave out 'qualifying' and insert 'corresponding analogue'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 30 to 46 en bloc. I spoke to these amendments with various other amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 30 to 46.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

47

Clause 26, page 25, line 46 at end insert--


'(2A) No payment shall be required by the BBC in respect of the broadcasting pursuant to subsection (1)(b) of programmes provided by them under section 58(1) of the 1990 Act.'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 47. In moving the amendment I should like to speak also to Amendments Nos. 124 to 130 inclusive, 139 and 140, 180, 266, 268 and 269, 278, 280, 282 and 293.

The group of amendments headed by Amendment No. 47 deals with matters relating to S4C and Channel 4. Amendment No. 47 is a technical amendment. S4C is required by Clause 26(1)(b) to simulcast those Welsh language programmes provided to it free of charge by the BBC under the terms of Section 58 of the 1990 Act. For the avoidance of doubt, the amendment provides that the BBC may not require payment in respect of those simulcasts.

The rest of the amendments fulfil promises I made during discussion in this House of the parts of the Bill relating to S4C and Channel 4. They are designed to empower the Welsh authority to establish or participate in companies involved in television or radio broadcasting so that they can realise the full benefits of the digital revolution.

Finally, Amendment No. 127 makes it clear that Channel 4 is able to broadcast its digital simulcast service throughout the United Kingdom, including Wales. On analogue, the Welsh Fourth Channel is of course the responsibility of S4C.

Moved, That the House do agree with the Commons in their Amendment No. 47.--(Lord Inglewood.)

Lord Prys-Davies: My Lords, I wish to express our appreciation for the amendments relating to S4C. We raised these issues in the House. Our concerns have been met on almost every point. I should like the department and the Minister to know that that is appreciated.

On Question, Motion agreed to.

COMMONS AMENDMENTS

48

After Clause 26, insert the following new clause--

The qualifying teletext service

'.--(1) If the public teletext provider has notified the Commission under section 2(4A) of his intention to provide a teletext service for broadcasting in digital form as a

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qualifying service, he shall submit to the Commission his proposals for providing that service in compliance with the requirements specified in subsection (3).
(2) The Commission shall give their consent to the provision of the service unless it appears to them that the proposed service would not comply with the requirements specified in subsection (3).
(3) The requirements referred to in subsections (1) and (2) are--
(a) that the service includes a sufficient amount of news items which are of high quality and deal with both national and international matters,
(b) that the service includes a sufficient amount of information which is of particular interest to persons living within different areas for which the service is provided, and
(c) that (taken as whole) the service includes a sufficient amount of information (other than news) which is calculated to appeal to a wide variety of tastes and interests.
(4) Where the Commission have given their consent under subsection (2), they shall vary the relevant licence held by the public teletext provider so as to include such conditions as appear to them to be appropriate--
(a) for imposing on the public teletext provider, in specified circumstances, an obligation to provide the qualifying teletext service, and
(b) for securing that the qualifying teletext service, if provided, accords with the proposals submitted under subsection (1);
and they may include those conditions in any other licence under which the analogue service is subsequently provided.
(5) Sections 6 to 12 of the 1990 Act (general provisions relating to services licensed under Part I of that Act) shall apply in relation to the qualifying teletext service as they apply in relation to the analogue service, but as if the reference in section 12(1)(b) of the 1990 Act to the Commission's functions under Chapter II of Part I of that Act included a reference to their functions under this Part.
(6) In this section--
"the analogue service" means the service referred to in section 49(2) of the 1990 Act,
"the relevant licence" means the additional services licence (within the meaning of Part I of the 1990 Act) under which the analogue service is provided.'.
49

Clause 27, page 26, line 3, after 'Authority' insert 'or the public teletext provider'.


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