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'(a) in the application of paragraph 9(2) to a body corporate which holds a licence to provide any of the services specified in paragraph 9(4),
(b) in the application of paragraph 9A(2) or (4) to a body corporate which holds a licence to provide a regional Channel 3 service or a local radio service, or
(c) in the application of paragraph 9B(1), (3) or (5) to a body corporate which holds a licence to provide digital programme services.'.
244

Page 108, line 39, leave out from first 'the' to 'could' in line 40 and insert 'continued holding of the licence by the body corporate'.


245

Page 108, line 48, leave out '9(1)' and insert '9(2), 9A(2) or (4) or 9B(1), (3) or (5)'.


246

Page 109, line 1, leave out '9(1)' and insert '9(2), 9A(2) or (4) or 9B(1),(3) or (5)'.


247

Page 109, line 4, leave out 'and' and insert 'or'.


248

Page 109, line 7, after first 'the' insert 'relevant'.


249

Page 109, line 13, after '9' insert ', 9A, 9B'.


250

Page 109, line 14, leave out from 'corporate' to 'operates' in line 15 and insert 'which is, or is connected with, the proprietor of a newspaper'.


251

Page 109, line 27, leave out from 'corporate' to 'and' in line 28 and insert 'which was not, and was not connected with, the proprietor of a newspaper'.


252

Page 109, line 32, after '9' insert ', 9A, 9B'.


253

Page 109, line 33, at end insert--


'12. In relation to any determination under paragraph 9B(1), (3) or (5), references in paragraphs 10 and 11 to the holding of the licence shall have effect as references to the provision of the service.'.
254

Page 109, line 33, at end insert--

'Restricted television services

.--(1) The Secretary of State may by order--
(a) prescribe restrictions on the holding of one or more licences to provide restricted television services by a person who runs a national or local newspaper, and
(b) apply any of the provisions of paragraphs 9 to 11, with such modifications as may be specified in the order, in relation to the holding of a licence to provide a restricted television service.
(2) Any order under sub-paragraph (1) may provide that, for the purposes of any provision of the order, a person is to be treated as holding a licence if the licence is held by a person connected with him.
(3) In this paragraph "restricted television service" means a restricted service within the meaning of Part I of this Act.'.
255

Page 110, line 11, at end insert--


'(6B) Where a licence has been granted in a case where the Commission could have made a determination under paragraph 9(1) or 9A(1) of Part IV of Schedule 2 (if satisfied that the fact mentioned in that provision could have been expected to operate against the public interest), subsection

18 Jul 1996 : Column 1056

(5) does not enable the licence to be revoked merely because a change is such that the Commission would have made such a determination in the new circumstances of the case."'.
256

Page 110, line 43, at end insert--


'(6B) Where a licence has been granted in a case where the Authority could have made a determination under paragraph 9(1) or 9A(1) of Part IV of Schedule 2 (if satisfied that the fact mentioned in that provision could have been expected to operate against the public interest), subsection (5) does not enable the licence to be revoked merely because a change is such that the Authority would have made such a determination in the new circumstances of the case."'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 242 to 256 en bloc. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 242 to 256.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

99

After Clause 66, insert the following new clause--

Provision of news programmes by holders of regional Channel 3 licences

'.--(1) With respect to the broadcasting of news programmes on and after 1st January 1998, section 31 of the 1990 Act (provision of news on Channels 3 and 5) is amended as follows.
(2) In subsection (2)--
(a) at the beginning there is inserted--
"For the purpose of securing the nationwide broadcast, by holders of regional Channel 3 licences (taken together), of news programmes which are able to compete effectively with other news programmes broadcast nationwide in the United Kingdom,"
(b) for "a nominated news provider" there is substituted "the appointed news provider", and
(c) in paragraph (b), for "the same nominated" there is substituted "the appointed".
(3) For subsection (3) there is substituted--
"(3) In subsection (2) "appointed news provider" means, subject to subsection (4), the body corporate for the time being appointed for the purposes of that subsection, from among the bodies corporate nominated by the Commission under section 32, in accordance with conditions included by virtue of section 31A in regional Channel 3 licences.
(4) A body corporate ceases by virtue of this subsection to be the appointed news provider if its nomination is terminated by the Commission under any provision of section 32."'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 99. I shall speak also to Amendments Nos. 100 to 102, 160 and 289.

This group of amendments gives effect to the commitment I gave the noble Lord, Lord Barnett, at Report stage on 7th March. As I made clear in that debate, we believe there are significant benefits to restricting the provision of news on Channel 3 to one provider able to compete effectively with other national news services provided by the BBC and, increasingly, by cable and satellite channels.

The amendments therefore place a requirement on the regional Channel 3 companies to appoint a single news provider; selected by them, from a list of those who have

18 Jul 1996 : Column 1057

been nominated by the ITC as being of the necessary standard to provide high quality national and international news.

Moved, That the House do agree with the Commons in their Amendment No.99.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

100

After Clause 66, insert the following new clause--

Appointment of news provider by holders of regional Channel 3 licences

'.--(1) After section 31 of the 1990 Act there is inserted--
"Appointment of news provider by holders of regional Channel 3 licences.

31A. A regional Channel 3 licence shall include conditions requiring the holder of the licence to do all that he can to ensure--
(a) that arrangements are made between all holders of regional Channel 3 licences ("the relevant licence holders") for the appointment by them, from among the bodies corporate nominated by the Commission under section 32, and on such terms as the relevant licence holders may agree, of a single body corporate to be the appointed news provider for the purposes of section 31(2), and
(b) that, so long as he provides his licensed service, an appointment for the purposes of section 31(2) is in force."
(2) The Independent Television Commission may not include in pursuance of section 31A of the 1990 Act any condition in a regional Channel 3 licence (within the meaning of Part I of the 1990 Act) which would require an appointment for the purposes of section 31(2) (as amended by this Act) to take effect before 1st January 1998.'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 100. I have already spoken to this amendment.

Moved, That the House do agree with the Commons in their Amendment No. 100.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

101

After Clause 66, insert the following new clause--

Nomination by Commission for purposes of section 31(2) of Broadcasting Act 1990

'.--(1) Section 32 of the 1990 Act (nomination of bodies to provide news for regional Channel 3 services) is amended in accordance with subsections (2) to (5).
(2) For subsections (1) to (6) there is substituted--
"(1) With a view to enabling them to nominate bodies corporate as eligible for appointment for the purposes of section 31(2), the Commission shall invite bodies appearing to them to be qualified for nomination to make applications to be so nominated.
(2) Where a body corporate--
(a) applies to the Commission (whether in pursuance of any such invitation or not) to be nominated under this section as a nominated news provider, and
(b) appears to the Commission to be qualified for nomination,
the Commission shall so nominate that body.

18 Jul 1996 : Column 1058


(3) Subject to subsection (5), any nomination made by the Commission under this section shall remain in force for a period of ten years, and at the end of that period may be renewed by the Commission for a further period of ten years.
(4) Where the Commission are notified by the holders of licences to provide regional Channel 3 services that the appointment of the appointed news provider is due to expire, or to be renewed or terminated in accordance with the terms of the appointment, the Commission shall review the qualification for nomination of all nominated news providers (including the appointed news provider).
(5) If on any such review it appears to the Commission that a body is no longer qualified for nomination they shall (subject to subsection (6)) by notice terminate that body's nomination.
(6) The Commission shall not terminate a body's nomination under subsection (5) unless they have given the body a reasonable opportunity of making representations to them about the proposed termination."
(3) In subsection (9), paragraph (b) is omitted.
(4) In subsection (12), for the words from "appearing" onwards there is substituted "which--
(a) in their opinion is or, if appointed, would be effectively equipped and adequately financed to provide high quality news programmes for broadcasting in regional Channel 3 services; and
(b) appears to them not to be disqualified for being nominated under this section by virtue of this subsection."
(5) In subsection (13)--
(a) in paragraph (b), after "section", where second occurring, there is inserted "as eligible for appointment", and
(b) after paragraph (b) there is inserted--
"and
(c) references to the appointed news provider are references to the person for the time being appointed for the purposes of section 31(2) under the arrangements referred to in section 31A(a)."
(6) Subsections (2), (4) and (5) do not affect the application of section 32 of the 1990 Act before 1st January 1998 in relation to nomination for the purposes of section 31(2) as originally enacted.'

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 101. I have already spoken to this amendment with Amendment No. 99.

Moved, That the House do agree with the Commons in their Amendment No. 101.--(Lord Inglewood.)


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