Communications Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 298

 

THE LORD ASHLEY OF STOKE

Page 264, line 36, leave out "from time to time" and insert "at least once every three years"
Page 265, line 2, at beginning insert "extensively"
Page 265, line 3, leave out "tenth" and insert "fifth"
Page 265, line 8, at end insert—
"(   )  In exercising its functions under subsection (1), OFCOM must ensure that the providers of services to which this section applies provide users of those services with adequate information regarding the availability of and access to subtitling."
Page 265, line 40, after "assistance" insert "and taking account of whether a programme is provided on a channel which is normally offered to consumers as a separate service or as one of a number of channels forming part of a single service"
Page 266, line 12, at end insert—
"(   )  It shall be the duty of OFCOM to collate and publish at least once each year details of the extent to which every service to which this section applies has met the obligations referred to in subsection (3)."
 

Clause 307

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

 The above-named Lords give notice of their intention to oppose the Question that Clause 307 stand part of the Bill.
 

Clause 329

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 289, line 10, after "functions," insert "and to be necessary on grounds of national security or for the safety of the public,"
Page 289, line 21, at beginning insert "Where he believes it necessary on grounds of national security or for the safety of the public,"
 

Clause 330

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 291, line 4, leave out paragraph (a)
 

Before Clause 340

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Insert the following new Clause—
  "Media plurality public interest consideration
(1)  Section 58 of the Enterprise Act 2002 (c. 40) (specified considerations) shall be amended as follows.
(2)  After subsection (2) there shall be inserted—
    "(2C)  The public interest in—
    (a)  the maintenance of a range of broadcast media owners and voices sufficient to satisfy a variety of tastes and interests;
    (b)  the promotion and maintenance of a plurality of broadcast media owners, each of whom demonstrates a commitment to the impartial presentation of news and factual broadcast programming; and
    (c)  the promotion and maintenance, in all media including newspapers, of a balanced and accurate presentation of news, the free expression of opinion and a clear differentiation between the two;
      is specified in this section."
(3)  In subsection (3), after the words "any consideration", there shall be inserted "(other than the consideration specified in subsection (2C))"."
Insert the following new Clause—
  "Adaptation of role of OFT in initial investigations and reports
(1)  Section 44 of the Enterprise Act 2002 (c. 40) (investigation and report by OFT in public interest cases) shall be amended as follows.
(2)  In subsection (3)(b), after the word "concerned", there shall be inserted "(other than the media plurality public interest consideration)".
(3)  After subsection (5) there shall be inserted—
    "(5B)  The report may, in particular, contain a summary of any representations about the case which have been received by the OFT and which relate to the media plurality public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45."
(4)  After subsection (7) there shall be inserted—
    "(7A)  In this Part "media plurality public interest consideration" means any consideration which, at the time of the giving of the intervention notice concerned, is specified in section 58(2C).
    (7B)  In this Part—
     "broadcast media owners" means persons holding broadcasting licences under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 and persons controlling bodies corporate for the purposes of Schedule 2 to the Broadcasting Act 1990;
     "voices" means views and opinions represented to a significant degree in the broadcast media.""
Insert the following new Clause—
  "Additional investigation and report by OFCOM
  After section 44 of the Enterprise Act 2002 (c. 40) (investigation and report by OFT in public interest cases) there shall be inserted—
    "44AAdditional investigation and report by OFCOM: media plurality
    (1)  Subsection (2) applies where—
    (a)  the Secretary of State has given an intervention notice in relation to a relevant merger situation; and
    (b)  the intervention notice mentions the media plurality public interest consideration.
    (2)  OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration on the case.
    (3)  The report shall contain—
    (a)  advice and recommendations which may be relevant to the Secretary of State's decision as to whether to make a reference under section 45; and
    (b)  a summary of any representations about the case which have been received by OFCOM.
    (4)  OFCOM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this section.""
Insert the following new Clause—
  "Enforcement powers in relation to media mergers
  In Schedule 8 to the Enterprise Act 2002 (c. 40) (provision that may be contained in certain enforcement orders) after paragraph 20 there shall be inserted—
 

"Media mergers

(1)  This paragraph applies in relation to any order—
(a)  which is to be made following the giving of—
(i)  an intervention notice which mentions the media plurality public interest consideration; or
(ii)  a special intervention notice which mentions a consideration specified in section 58(2C); and
(b)  to which the consideration concerned is still relevant.
(2)  The provisions of paragraph 20A(2) to (5) apply to an order under this paragraph (with the addition of the words "or of a licensed programme service" at the end of paragraph (c) of sub-paragraph (4))."."
Insert the following new Clause—
  "Interim retention of certain restrictions on non-EEA ownership
(1)  For paragraph 1(2) and (3) of Part 2 of Schedule 2 to the 1990 Act, there shall be substituted—
    "(2)  Sub-paragraph (1) shall apply in relation to any Broadcasting Act licence other than a licence to provide a Channel 3 service and a Channel 5 licence as if paragraphs (a) and (b) (and the reference to those paragraphs in paragraph (i)) were omitted."
(2)  OFCOM shall, within a year of the coming into force of this section and from time to time thereafter, carry out a review for the purposes of this section.
(3)  Such a review shall consider whether, in the opinion of OFCOM—
(a)  the provisions of sections 273, 274 and 280 to 284 are operating in such a manner as to provide for a fair and transparent programme supply market with respect to Channels 3 and 5;
(b)  the relevant provisions of Chapter 4 of this Part are operating in such a manner as to provide for effective content regulation of Channel 3 and Channel 5 services;
(c)  the provisions of sections 260 to 267 are operating in such a manner as to provide for a continuing significant contribution by Channel 3 and Channel 5 services towards the achievement of the purposes of public service television broadcasting in the United Kingdom specified in section 260;
(d)  the provisions of sections 344 to 349 provide adequate additional safeguards in case of change of control of Channel 3 services or Channel 5; and
(e)  the powers available to OFCOM under the Competition Act 1998 (c. 41), Part 4 of the Enterprise Act 2002 (c. 40) and sections 309 to 311 of this Act are adequate to promote effective competition in the broadcasting market in the United Kingdom.
(4)  When, as a result of a review carried out in accordance with subsection (2), OFCOM considers that each condition specified in subsection (3) has been met, it shall make a report to that effect to the Secretary of State, giving reasons.
(5)  The Secretary of State shall lay any report made to him under subsection (4) before Parliament.
(6)  When a report has been laid before Parliament in accordance with subsection(5), the Secretary of State may by order repeal paragraphs 1(1)(a) and (b) of Part 2 of Schedule 2 to the 1990 Act and make such consequential amendments to that Part of that Schedule and to this Act as he thinks fit.
(7)  No order is to be made containing provision authorised by subsection (6) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Clause 340

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 295, line 7, leave out paragraph (a)
Page 295, line 9, leave out paragraph (b)
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 295, line 9, at end insert —
"(   )  paragraph 2 (disqualification for religious bodies);'.
Page 295, line 10, leave out subsections (2) and (3).
Page 296, line 27, leave out subsections (5) to (7).
 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 296, line 32, leave out subsection (6) and insert—
"(6)  No order is to be made under subsection (5) other than one that is confined to giving effect to recommendations made by OFCOM in a report of a review under section 384."
 

Clause 362

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 319, line 38, at end insert "including the activities of the BBC"
 

Clause 383

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 332, line 30, at end insert—
"(bb)  the Telecommunications Act (c. 12);"
Page 332, line 32, at end insert "or Part 6 of the Telecommunications Act 1984"
 

Schedule 12

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 404, line 25, at end insert—
"(5A)      No order may be made under sub-paragraph (5) modifying sub-paragraph (2) unless the order relates to a conclusion contained in a report published under section 332(6)."
 

Schedule 14

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 430, line 23, at end insert—
 "6A      No order is to be made under paragraph 6 other than one that is confined to giving effect to recommendations made by OFCOM in a report of a review under section 384."
Page 430, line 23, at end insert —
 "PART 1A
CHANNEL 5 LICENCES
 

Ban on newspaper proprietors holding a Channel 5 licence

 6A   (1)   A person is not to hold a Chanel 5 licence if—
(a)  he runs a national newspaper which for the time being has a national market share of 20 per cent. or more; or
(b)  he runs national newspapers which for the time being together have a national market share of 20 per cent; or more.
(2)      For the purposes of this paragraph, each of the following shall be treated as holding a Channel 5 licence—
(a)  the actual licence holder; and
(b)  every person connected with the actual licence holder.
(3)      The provisions of paragraphs 2 to 4 of this Schedule shall apply for the purposes of this Part of this Schedule insofar as they relate to national newspapers as if a Channel 5 licence were a licence to provide a Channel 3 service."
 

Schedule 15

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 458, line 11, leave out sub-paragraph (4)

 
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27 March 2003