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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 Marshalled List of Amendments to the Electronic Communications Bill to be moved in Grand Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE BARONESS BUSCOMBE
 
1*     Page 1, line 18, leave out ("as he considers appropriate") 
2*     Page 1, line 23, at end insert--
    ("(  )  providing for a process of regular consultation on the operation of the register with businesses, bodies and persons likely to be interested in it")
 
3*     Page 1, line 23, at end insert--
 
    ("(  )  It shall be the duty of the Secretary of State to ensure that the register is established and maintained in a manner consistent with international best practice.")
 
4*     Page 1, line 23, at end insert--
 
    ("(  )  The Secretary of State or a person appointed under section 3 shall be responsible for consultation with businesses, bodies and persons likely to be interested in the maintenance of the register through the establishment of an appropriate structure to which they shall deliver an annual report, which shall also be made publicly available in both written and electronic form.")
 
  
Clause 2
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
5     Page 2, line 13, leave out ("subsection (3) applies in that person's case") and insert ("the condition for the grant of an approval to that person is fulfilled in accordance with subsection (3)") 
  
BY THE BARONESS BUSCOMBE
 
6*     Page 2, line 26, at end insert--
    ("(  )  make provision for the recognition of approvals granted under other jurisdictions where the Secretary of State has agreed to recognise compatible registration procedures")
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
7     Page 2, line 27, leave out from beginning to ("the") and insert ("The condition that must be fulfilled before an approval is granted to any person is that") 
  
BY THE BARONESS BUSCOMBE
 
8*     Page 3, leave out lines 23 to 25 and insert--
    ("(  )  is a small enterprise or company as defined by the Secretary of State,
shall be remunerated by the Secretary of State for the time committed to the registration process on a sliding scale which recognises the disproportionate burden placed by such procedures on the smallest businesses.")
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
9     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.")
 
  
BY THE BARONESS BUSCOMBE
 
10*     Page 3, line 28, after ("person") insert ("or organisation") 
  
Clause 3
 
  
BY THE BARONESS BUSCOMBE
 
11*     Page 3, line 36, at end insert ("; and
    (  )  shall be made after consultation with businesses, bodies and persons likely to be interested in it")
 
  
Clause 4
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
12     Page 5, line 3, after ("prescribed") insert ("public") 
13     Page 5, line 4, leave out ("prescribed") 
14     Page 5, line 15, at end insert--
 
    ("(  ) In subsection (2)(c) "public functions" includes any function conferred by or in accordance with any provision contained in or made under any enactment or Community legislation.")
 
  
Clause 5
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
15     Page 5, line 29, after ("instrument") insert (",  which (except in the case of the initial regulations) shall be") 
16     Page 5, line 30, at end insert--
 
    ("(  ) The initial regulations shall not be made unless a draft of them has been laid before Parliament and approved by a resolution of each House.
 
    (  ) In this section "the initial regulations" means the regulations made on the first occasion on which the Secretary of State exercises his powers to make regulations under this Part.")
 
  
Clause 6
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
17     Page 6, line 6, leave out subsection (3) 
  
Clause 7
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
18     Page 6, line 17, after ("incorporated") insert ("into") 
19     Page 6, line 18, leave out ("with") 
  
BY THE BARONESS BUSCOMBE
 
20*     Page 6, line 23, at end insert ("where the recipient of the electronic communication or data shall have taken reasonable steps to protect its integrity at receipt") 
  
BY THE LORD SAINSBURY OF TURVILLE
 
21     Page 6, line 32, leave out second ("with") 
  
BY THE BARONESS BUSCOMBE
 
22*     Page 6, line 41, after ("data") insert ("or the formality of the contract") 
  
After Clause 7
 
  
BY THE LORD LUCAS
 
23     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
 
24     Page 8, line 29, at end insert ("be") 
25     Page 8, line 30, at end insert--
    ("(  ) any such provision in relation to electronic communications or electronic storage the use of which is authorised otherwise than by an order under this section as corresponds to any provision falling within any of the preceding paragraphs that may be made where it is such an order that authorises the use of the communications or storage.")
 
26     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
 
27     Page 9, line 6, at end insert ("and section (Modifications in relation to Welsh matters)(1))") 
28     Page 9, line 22, after ("(4)") insert ("and section (Modifications in relation to Welsh matters)(6)") 
29     Page 9, line 36, leave out ("appropriate Minister") and insert ("person making the order") 
  
After Clause 9
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
30     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
 
31     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
 
32     Page 13, line 29, after ("Ministers") insert (",  on the National Assembly for Wales") 
  
Clause 15
 
  
BY THE BARONESS BUSCOMBE
 
33*     Page 15, line 11, after ("appoint;") insert ("; that day being not less than six months after the publication of the statutory instrument, during which period the Secretary of State shall consult businesses, bodies and persons likely to be interested in it") 
  
BY THE LORD SAINSBURY OF TURVILLE
 
34     Page 15, line 12, at end insert--
 
    ("(  ) An order shall not be made for bringing any of Part I of this Act into force for any purpose unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
  
BY THE BARONESS BUSCOMBE
 
35*     Page 15, line 14, leave out ("five") and insert ("three") 
 
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Prepared 13 March 2000