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Session 1999-2000
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Amendments to the Electronic Communications Bill

Electronic Communications Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Electronic Communications Bill to be moved in Grand Committee in the House of Lords.

  
Clause 2
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 3, line 27, at end insert--
 
    ("(10)  For the purposes of subsection (1) cryptography support services are provided in the United Kingdom if--
    (a)  they are provided from premises in the United Kingdom;
    (b)  they are provided to a person who is in the United Kingdom when he makes use of the services; or
    (c)  they are provided to a person who makes use of the services for the purposes of a business carried on in the United Kingdom or from premises in the United Kingdom.")
 
  
Clause 6
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 6, line 6, leave out subsection (3) 
  
Clause 7
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 6, line 17, after ("incorporated") insert ("into") 
     Page 6, line 18, leave out ("with") 
     Page 6, line 32, leave out second ("with") 
  
After Clause 7
 
  
BY THE LORD LUCAS
 
     Insert the following new Clause-- 
     ("  .--(1)  Any person may make an irrevocable declaration in writing to accept an electronic signature in all circumstances, or any class of circumstances, where legislation requires such signature to be in another form.
 
    (2)  A declaration under subsection (1) shall be valid for all purposes in the circumstances set out in the declaration.")
Power to accept electronic signature.
  
Clause 8
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 8, line 29, at end insert ("be") 
     Page 9, line 4, at end insert--
 
    ("(8)  In this section references to doing anything under the provisions of any enactment include references to doing it under the provisions of any subordinate legislation the power to make which is conferred by that enactment.")
 
  
Clause 9
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 9, line 6, at end insert ("and section (Modifications in relation to Welsh matters)(1))") 
     Page 9, line 22, after ("(4)") insert ("and section (Modifications in relation to Welsh matters)(6)") 
     Page 9, line 36, leave out ("appropriate Minister") and insert ("person making the order") 
  
After Clause 9
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Insert the following new Clause-- 
     (".--(1) For the purposes of the exercise of the powers conferred by section 8 in relation to any matter the functions in respect of which are exercisable by the National Assembly for Wales, the appropriate Minister is the Secretary of State.
 
    (2)  Subject to the following provisions of this section, the powers conferred by section 8, so far as they fall within subsection (3), shall be exercisable by the National Assembly for Wales, as well as by the appropriate Minister.
 
    (3)  The powers conferred by section 8 fall within this subsection to the extent that they are exercisable in relation to--
    (a)  the provisions of any subordinate legislation made by the National Assembly for Wales;
    (b)  so much of any other subordinate legislation as makes provision the power to make which is exercisable by that Assembly;
    (c)  any power under any enactment to make provision the power to make which is so exercisable;
    (d)  the giving, sending or production of any notice, account, record or other document or of any information to or by a body mentioned in subsection (4); or
    (e)  the publication of anything by a body mentioned in subsection (4).
    (4)  Those bodies are--
    (a)  the National Assembly for Wales;
Modifications in relation to Welsh matters.
 
    (b)  any body specified in Schedule 4 to the Government of Wales Act 1998 (Welsh public bodies subject to reform by that Assembly);
    (c)  any other such body as may be specified for the purposes of this section by an order made by the Secretary of State with the consent of that Assembly.
    (5)  The National Assembly for Wales shall not make an order under section 8 except with the consent of the Secretary of State.
 
    (6)  Section 9(3) shall not apply to any order made under section 8 by the National Assembly for Wales.
1998 c. 38.
     (7)  Nothing in this section shall confer any power on the National Assembly for Wales to modify any provision of the Government of Wales Act 1998.
 
    (8)  The power of the Secretary of State to make an order under subsection (4)(c)--
    (a)  shall include power to make any such incidental, supplemental, consequential and transitional provision as he may think fit; and
    (b)  shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.")
1998 c. 38.
  
BY THE LORD LUCAS
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State may, by order made by statutory instrument, provide for the regulation of the use of electronic communications for direct marketing purposes.
 
    (2)  An order under subsection (1)--
    (a)  may impose duties both on the persons using electronic communications for direct marketing purposes and on the persons providing the facilities enabling such use, and
    (b)  shall be laid in draft before, and subject to approval by resolution of, each House of Parliament.")
Direct marketing.
  
Clause 13
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 13, line 29, after ("Ministers") insert (",  on the National Assembly for Wales") 
 
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