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Disqualification for offence of supplying false information etc

'.--(1) Where a person is convicted of an offence under section (Offence of providing false information in certain circumstances) the court by which he is convicted may make an order (in this section referred to as a "disqualification order") disqualifying him from holding a licence during a period specified in the order.
(2) The period specified in a disqualification order shall not exceed five years beginning with the date on which the order takes effect.
(3) Where an individual is disqualified from holding a licence by virtue of a disqualification order, any body corporate--
(a) of which he is a director, or
(b) in the management of which he is directly or indirectly concerned,
is also disqualified from holding a licence.
(4) Where the holder of a licence is disqualified by virtue of a disqualification order, the licence shall be treated as being revoked with effect from the time when the order takes effect.

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(5) For the purposes of any of the provisions specified in subsection (6) (which relate to the imposition of a financial penalty on the revocation of a licence), a licence which is revoked by virtue of subsection (4) shall be taken to have been revoked by the relevant authority as mentioned in that provision.
(6) The provisions referred to in subsection (5) are as follows--
(a) section 18(3) of the 1990 Act,
(b) section 101(3) of the 1990 Act,
(c) section 10(5), and
(d) section 47(5).
(7) In sections 5(1)(a) and 88(1)(a) of the 1990 Act and sections 5(1)(a) and 38(1)(a) of this Act, the reference to a person who is disqualified person by virtue of Part II of Schedule 2 to the 1990 Act includes a reference to a person who is disqualified by virtue of a disqualification order.
(8) In this section--
"licence" means any licence granted by the Independent Television Commission or the Radio Authority under the 1990 Act or this Act;
"the relevant authority" has the same meaning as in section (Offence of providing false information in certain circumstances).'.
155

Insert the following new clause--

Supplementary provisions as to disqualification orders

'.--(1) A person disqualified by a disqualification order may appeal against the order in the same manner as against a conviction.
(2) A disqualification order made by a court in England and Wales or Northern Ireland--
(a) shall not take effect until the end of the period within which the person on whose conviction the order was made can appeal against the order, and
(b) if he so appeals, shall not take effect until the appeal has been determined or abandoned.
(3) A disqualification order made by a court in Scotland--
(a) shall not take effect until the end of the period within which the person on whose conviction the order was made can appeal against the order, and
(b) if an appeal against the order or the conviction is taken within that period, shall not take effect until the date when that appeal is determined or abandoned or deemed to have been abandoned.
(4) In this section "disqualification order" means an order under section (Disqualification for offence of supplying false information etc) .'.
156

Clause 114, page 87, line 27, leave out from first 'and' to 'were' in line 28 and insert 'the following provisions of this Act--


(a) Parts I and II and Schedule 1,
(b) Part IV,
(c) Part V and Schedules 3 and 4, and
(d) sections (Standards for transmission systems) and (Duties of Independent Television Commission or Radio Authority in cases involving disqualification on grounds related to political objects) to (Supplementary provisions as to disqualification orders)
shall be construed as if those provisions'.
157

Clause 115, page 87, line 32, after 'enactments' insert 'and instruments'.


158

Page 87, line 32, after 'repealed' insert 'or, as the case may be, revoked'.

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Lord Inglewood: My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. l50 to 158 en bloc. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 150 to 158.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

159

Clause 116, page 87, line 34, at end insert--


'( ) paragraphs 4A to 4C of Schedule 2 so far as relating to BBC companies (as defined by section 202(1) of the 1990 Act), and section 66 so far as relating to those paragraphs in their application to such companies,'.

Lord Inglewood: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 159. I should also like to speak to Amendments Nos. 161 to 170, 287, 288, 294 and 295. Amendments Nos. 159, 161, 162, 164 and 166 add various provisions to the list of those which will be effective immediately on Royal Assent. The government amendment tabled here to the Commons Amendment No. 166 is simply for the sake of consistency in the commencement of the provisions on BBC companies. Amendment No. 167 removes provisions extending the Bill to Northern Ireland and makes consequential amendments to the Welsh Development Agency Act, which obviously do not extend to Northern Ireland.

Amendments Nos. 168 and 169 enable provisions of the Bill to amend the Broadcasting Act 1990 to be extended to the Channel Islands and the Isle of Man. Amendment No. 170 deletes subsection (4) of Clause 117 which was added for the duration of the Bill's passage through your Lordships' House to avoid infringing the privilege of the other place to impose any charge on public funds. Amendment No. 287 updates the Welsh Development Agency Act, the Representation of the People Act 1983 and the Copyright, Design and Patents Act 1988 to reflect the enactment of the Bill.

Amendments Nos. 288 and 295 divide Schedule 8 into two parts, the first of which lists enactments repealed by the Bill, and the second of which lists subordinate legislation revoked by the Bill. Amendment No. 294 formally repeals provisions of the 1990 Act which are replaced by provisions in Amendment No. 287.

Moved, That the House do agree with the Commons in their Amendment No. 159.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

160

Clause 116, page 87, line 34, at end insert--


'( ) sections (Provision of news programmes by holders of regional Channel 3 licences) to (Nomination by Commission for purposes of section 31(2 of Broadcasting Act 1990)),'.
161

Page 87, line 35, leave out 'section' and insert 'sections 67 and'.


162

Page 87, line 37, leave out 'section' and insert 'sections 73, 74 and'.

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163

Page 87, line 37, at end insert--


'( ) section (Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision),'.
164

Page 87, line 38, leave out 'Schedule 5' and insert 'Schedules 5, (Transfer schemes relating to the BBC transmission network: successor companies), (Transfer schemes relating to the BBC transmission network: taxation provisions) and 6'.


165

Page 87, line 38, leave out second 'and'.

Lord Inglewood: My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 160 to 165 en bloc. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 160 to 165.--(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENT

166

Clause 116, page 87, line 39, after '114(1)' insert--


'(f) the entries in Schedule 8 relating to sections 45(8) and (9) and 47(11) and (12) of the 1990 Act, and section 115(2) so far as relating to those entries, and
(g)''.

Lord Inglewood: My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 166.

Moved, That the House do agree with the Commons in their Amendment No. 166.--(Lord Inglewood.)

AMENDMENTS TO COMMONS AMENDMENT No. 166

166A

Line 1, at end insert--


("( ) paragraphs 10B and 13A of Schedule 7 so far as relating to BBC companies (as defined by section 202(1) of the 1990 Act), and section 115(1) so far as relating to those paragraphs in their application to such companies,").
166B

Line 2, after ("sections") insert ("32(9),")


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