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COMMONS AMENDMENT

149

After Clause 113, insert the following new clause--

Unauthorised decoders

'.--(1) In section 297A of the Copyright, Designs and Patents Act 1988 (unauthorised decoders), for subsection (1) there is substituted--
"(1) A person who makes, imports, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, any unauthorised decoder shall be guilty of an offence and liable--
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both."
(2) The amendment made by subsection (1) shall not apply to any offence committed before the commencement of this section.'

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 149. I should like at the same time to speak to Amendment No. l50. These two amendments extend the criminal and civil offences of decoder piracy to include the advertising of unauthorised decoders as well as their sale. Amendment No. 149 also increases the maximum penalties for those found guilty of the offence to an unlimited fine and/or two years' imprisonment.

Moved, That the House do agree with the Commons in their Amendment No. 149.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

150

After Clause 113, insert the following new clause--

Apparatus &c for unauthorised reception of transmissions

'. In section 298 of the Copyright, Designs and Patents Act 1988 (apparatus &c for unauthorised reception of transmissions), in subsection (2)(a), after "hire" there is inserted ", offers or exposes for sale or hire, or advertises for sale or hire,". '.
151

Before Clause 114, insert the following new clause--

Standards for transmission systems

'.--(1) The Independent Television Commission (in this section referred to as "the Commission") shall do all that they can to secure that every licensed service uses a transmission system complying with Article 2 of Council Directive 95/47/EC on the use of standards for the transmission of television signals ("the Directive").
(2) In this section "Community digital standard" means any of the alternatives permitted within the mandatory parts of the standards to be met by a transmission system for the purpose of complying with Article 2(c) of the Directive (which relates to television services that are fully digital).
(3) The Commission may, after consultation with the persons specified in subsection (6), specify particular Community digital standards to be met in the provision of licensed services which are fully digital.

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(4) In deciding whether, and if so how, to exercise their powers under subsection (3), the Commission shall, in particular--
(a) have regard to the desirability of promoting--
(i) mutual technical compatibility between digital television services, and
(ii) the development of digital television broadcasting, and
(b) consider whether it would be reasonably practicable for persons providing licensed services which are fully digital to use transmission systems meeting the Community digital standards in question.
(5) Where the Commission have exercised their powers under subsection (3), they shall--
(a) publish notice of their determination in such manner as they think fit, and
(b) do all that they can to secure that any licensed service which is fully digital uses a transmission system meeting the Community digital standards specified under that subsection.
(6) The persons referred to in subsection (3) are--
(a) every person providing a licensed service,
(b) the BBC,
(c) the Welsh Authority,
(d) the Secretary of State,
(e) the Director General of Telecommunications,
(f) the Director General of Fair Trading,
(g) such persons appearing to them to represent manufacturers of television broadcasting or receiving equipment as they think fit,
(h) such persons appearing to them to represent viewers as they think fit, and
(j) such other persons as they think fit.
(7) In this section--
"licensed service" means any service licensed by the Commission under Part I of this Act or Part I or II of the 1990 Act or provided under a relevant cable licence, but does not include any service which is only broadcast or transmitted for reception outside the European Economic Area;
"relevant cable licence" means a relevant licence within the meaning of Part III of Schedule 12 to the 1990 Act (transitional provisions relating to existing cable services).'.
152

Insert the following new clause--

Duties of Independent Television Commission or Radio Authority in cases involving disqualification on grounds related to political objects

'.--(1) If it appears to the Independent Television Commission that there are grounds for suspecting that any person who is an applicant for a licence under Part I or II of the 1990 Act or Part I of this Act is by virtue of any of the provisions specified in subsection (5) a disqualified person in relation to that licence, the Commission shall be regarded as failing to discharge their duty under section 5(1) of the 1990 Act, or as the case may be section 5(1) of this Act, if they grant the licence to that person without being provided with information which satisfies them that he is not on those grounds a disqualified person by virtue of that provision.
(2) If it appears to the Independent Television Commission that there are grounds for suspecting that any person who is the holder of a licence under Parts I or II of the 1990 Act or Part I of this Act is by virtue of any of the provisions specified in subsection (5) a disqualified person in relation to that licence, the Commission shall be regarded as failing to discharge their duty under section 5(1) of the 1990 Act, or as the case may be section 5(1) of this Act, unless--

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(a) they require him to provide them with information for the purpose of determining whether he is on those grounds a disqualified person by virtue of that provision, and
(b) if they are satisfied that he is a disqualified person, they revoke the licence.
(3) If it appears to the Radio Authority that there are grounds for suspecting that any person who is an applicant for a licence under Part III of the 1990 Act or Part II of this Act is by virtue of any of the provisions specified in subsection (5) a disqualified person in relation to that licence, the Authority shall be regarded as failing to discharge their duty under section 88(1) of the 1990 Act, or as the case may be section 38(1) of this Act, if they grant the licence to that person without being provided with information which satisfies them that he is not on those grounds a disqualified person by virtue of that provision.
(4) If it appears to the Radio Authority that there are grounds for suspecting that any person who is the holder of a licence under Part III of the 1990 Act or Part II of this Act is by virtue of any of the provisions specified in subsection (5) a disqualified person in relation to that licence, the Authority shall be regarded as failing to discharge their duty under section 88(1) of the 1990 Act, or as the case may be section 38(1) of this Act, unless--
(a) they require him to provide them with information for the purpose of determining whether he is a disqualified person on those grounds by virtue of that provision, and
(b) if they are satisfied that he is a disqualified person, they revoke the licence.
(5) The provisions referred to in subsections (1) to (4) are the following provisions of paragraph 1(1) of Part II of Schedule 2 to the 1990 Act--
(a) paragraphs (d) to (g),
(b) paragraph (h) so far as relating to participation by bodies falling within paragraph (d), (e) or (g),
(c) paragraph (hh) so far as relating to a body corporate controlled by a body corporate in which a body falling within paragraph (d), (e) or (g) is a participant with more than a 5 per cent. interest,
(d) paragraph (i) so far as relating to control by a person falling within any of paragraphs (d) to (g) or by two or more such persons, and
(e) paragraph (j) so far as relating to participation by a body corporate which is controlled by a person falling within any of paragraphs (d) to (g) or by two or more such persons.
(6) Nothing in subsections (1) to (5) shall be taken to limit the generality of--
(a) the duty imposed on the Independent Television Commission by section 5(1) of the 1990 Act or section 5(1) of this Act, or
(b) the duty imposed on the Radio Authority by section 88(1) of the 1990 Act or section 38(1) of this Act.'.
153

Insert the following new clause--

Offence of providing false information in certain circumstances

'.--(1) A person who, in connection with an application by him for, or his continued holding of, a licence under the 1990 Act or this Act--
(a) makes to the relevant authority a statement which he knows to be false in a material particular, or
(b) recklessly makes to the relevant authority a statement which is false in a material particular,

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is guilty of an offence if the statement relates to a matter which would be relevant in determining whether he is by virtue of any of the provisions specified in subsection (3) a disqualified person, and he is by virtue of any of those provisions a disqualified person in relation to that licence.
(2) A person who, in connection with an application by him for, or his continued holding of, a licence under the 1990 Act or this Act, withholds any information with the intention of causing the relevant authority to be misled is guilty of an offence if--
(a) the information would be relevant in determining whether he is by virtue of any of the provisions specified in subsection (3) a disqualified person, and
(b) he is by virtue of any of those provisions a disqualified person in relation to that licence.
(3) The provisions referred to in subsections (1) and (2) are the following provisions of paragraph 1(1) of Part II of Schedule 2 to the 1990 Act--
(a) paragraphs (d) to (g),
(b) paragraph (h) so far as relating to participation by bodies falling within paragraph (d), (e) or (g),
(c) paragraph (hh) so far as relating to a body corporate controlled by a body corporate in which a body falling within paragraph (d), (e) or (g) is a participant with more than a 5 per cent. interest,
(d) paragraph (i) so far as relating to control by a person falling within any of paragraphs (d) to (g) or by two or more such persons, and
(e) paragraph (j) so far as relating to participation by a body corporate which is controlled by a person falling within any of paragraphs (d) to (g) or by two or more such persons.
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
(5) In this section "the relevant authority" means--
(a) in relation to any licence under Parts I or II of the 1990 Act or Part I of this Act, the Independent Television Commission, and
(b) in relation to any licence under Part III of the 1990 Act or Part II of this Act, the Radio Authority.'.
154

Insert the following new clause--


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