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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 12

 

THE LORD McNALLY
THE EARL OF MAR AND KELLIE
THE LORD THOMAS OF GRESFORD
THE LORD ALDERDICE

Page 13, line 28, at end insert "and to lay a duty on them to authorise the Board to establish committees to advise the Board on each of the following parts of the United Kingdom—
(a)  England,
(b)  Scotland,
(c)  Wales, and
(d)  Northern Ireland."
 

Clause 17

 

THE LORD McNALLY
THE LORD THOMSON OF MONIFIETH
THE LORD THOMAS OF GRESFORD
THE LORD ALDERDICE

Page 19, line 14, at end insert—
"(   )  The arrangements must include the establishment and maintenance of committees able to give informed advice about the interests of persons living in—
(a)  England,
(b)  Scotland,
(c)  Wales, and
(d)  Northern Ireland."
 

Clause 61

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Page 62, line 23, at end insert—
"(g)  any local digital television service,
(h)  any access radio service."
 

Clause 165

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

Page 151, line 32, leave out subsection (4) and insert—
"(   )  OFCOM shall require that the transfer from a service or content provider of rights and obligations under any wireless telegraphy licence (or grant of recognised spectrum access), shall require the approval of OFCOM in advance and that OFCOM will consider existing users, third party licence holders and the provision of public services in their decision."
 

After Clause 195

 

THE LORD LIPSEY

Insert the following new Clause—
  "Investigation of BBC by the National Audit Office
  In Part II of Schedule 4 to the National Audit Act 1983 (c.44) "the British Broadcasting Corporation" is omitted."
Insert the following new Clause—
  "Monitoring of commercial activities of BBC companies
(1)  It shall be a function of OFCOM to monitor compliance by BBC companies with any guidelines published by the BBC which subsidiaries of the BBC are required to follow in carrying on any commercial activities.
(2)  In carrying out its functions under this section, OFCOM shall not take account of—
(a)  any activities carried on outside the United Kingdom, or
(b)  any activities which are not directly concerned with the making, acquisition or selling of television or radio programmes.
(3)  OFCOM may require any BBC company to provide OFCOM with such information, including access to any books of account or contractual documents or any other documents, as OFCOM consider necessary for the purposes of carrying out their functions under this section.
(4)  A company required to provide information or access to documents under subsection (3) must provide it within a reasonable time and in such manner, time and place, if any, as OFCOM may specify.
(5)  Sections 135 and 136 (enforcement of information requirements under section 132) shall apply in relation to a requirement under this section as they apply in relation to a requirement under section 132.
(6)  The BBC shall use its best endeavours to ensure that any BBC company which has been required to provide information to OFCOM complies with that requirement.
(7)  OFCOM shall report to the Secretary of State on the exercise by them of their functions under this section.
(8)  A report under subsection (7) shall be for a calendar year (or in the case of the year in which the date of commencement of this section falls, for the period from that date to the end of the year) and shall be made before the end of March in the year following the year to which the report relates.
(9)  The Secretary of State shall lay any report received by him under this section before Parliament."
 

Clause 260

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

Page 230, line 22, leave out from "which" to "fulfill" in line 24 and insert "both individually and taken together"
 

Clause 261

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

Page 232, line 43, leave out subsection (2) and insert—
"(   )  The public service remit for every Channel 3 service is the provision of a broad range of high quality and diverse programming, including factual and entertainment programmes, in a manner which—
(a)  satisfies the tastes and interests of the part of the United Kingdom for which that service is licensed, and
(b)  reflects the regional diversity of the United Kingdom.
(   )  The public service remit for every Channel 5 service is the provision of a broad range of high quality and diverse programming, including factual and entertainment programmes, in a manner which—
(a)  satisfies the tastes and interests of the part of the United Kingdom for which that service is licensed, and
(b)  reflects the regional diversity of the United Kingdom."
 

Clause 266

 

THE LORD LIPSEY
THE LORD McNALLY

Page 237, line 22, at end insert—
(   )  Such failure shall include, without exclusion of other public service responsibilities, a failure to provide such coverage of the proceedings of Parliament, and other elected legislatures within the United Kingdom, as is appropriate and necessary for civic understanding of their purpose and practices."
 

Clause 281

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

Page 253, line 3, at beginning insert "the nations and regions of"
Page 253, line 3, leave out "outside the M25 area"
Page 253, line 4, after "in" insert "the nations and regions of"
Page 253, line 5, leave out "outside the M25 area"
Page 253, line 9, after "in" insert "the nations and regions of"
Page 253, line 10, leave out "outside the M25 area"
Page 253, line 22, after "in" insert "the nations and regions of"
Page 253, line 22, leave out "outside the M25 area"
Page 253, line 23, after "in" insert "the nations and regions of"
Page 253, line 24, leave out "outside the M25 area"
Page 253, line 27, after "in" insert "the nations and regions of"
Page 253, line 29, leave out "outside the M25 area"
 

Clause 282

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

Page 254, line 11, leave out "suitable" and insert "substantial and significant"
Page 254, line 16, leave out "suitable" and insert "substantial and significant"
Page 254, line 22, leave out "suitable" and insert "substantial and significant"
Page 254, line 31, leave out "suitable" and insert "substantial and significant"
Page 254, line 39, leave out "suitable" and insert "substantial and significant"
Page 254, line 45, leave out "suitable" and insert "substantial and significant"
Page 255, line 12, leave out "suitable" and insert "substantial and significant"
Page 255, line 17, leave out "suitable" and insert "substantial and significant"
Page 255, line 24, leave out "suitable" and insert "substantial and significant"
 

After Clause 294

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

Insert the following new Clause—
  "Exclusion of licensed betting offices from free public showing or playing of broadcast or cable programme
(1)  Section 72 of the Copyright, Designs and Patents Act 1988 (c.48) (free public showing or playing of broadcast or cable programme) is amended as follows.
(2)  In subsection (2), after paragraph (b) there is inserted—
"(c)  if that place is a licensed betting office."
(3)  After subsection (4), there is inserted—
"(5)  In this section, "licensed betting office" means premises in respect of which a betting office licence, within the meaning of section 9 of the Betting, Gaming and Lotteries Act 1963 (c.2) (betting office licences and betting agency permits), is for the time being in force."
 

Clause 298

 

THE LORD LIPSEY

Page 266, line 21, at end insert "or any service with an intended audience the majority of whom are resident in places outside the United Kingdom"
 

Clause 326

 

THE LORD LIPSEY

Page 287, line 20, at end insert—
"(1A)  The regulatory regime for every television licensable content service licence and every radio licensable content service licence shall include—
(a)  conditions requiring the inclusion in that service of party political broadcasts and of referendum campaign broadcasts, if so prescribed under this section; and
(b)  conditions requiring that licence holder to observe such rules with respect to party political broadcasts and referendum campaign broadcasts as may be made by OFCOM."
Page 287, line 24, at end insert ", having regard to the number of seats being contested by each party in relation to the number of seats being contested in the election".
Page 287, line 26, after "broadcasts", insert ", having regard to levels of proven electoral support"
Page 287, line 29, at end insert—
"(2A)  The rules made by OFCOM for the purposes of this section may make further provision, prescribing which channel and service, including a relevant service of the BBC, is to be required to include party political broadcasts or referendum campaign broadcasts as appropriate; and such provision may be made by reference to such thresholds, based on calculation of audience share, as OFCOM may prescribe, having regard to the views expressed—
(a)  by the Electoral Commission;
(b)  by licensed public service channel providers;
(c)  by holders of licences for a television or radio licensable content service in respect of which an obligation to include party political broadcasts or referendum campaign broadcasts is proposed; or
(d)  by the BBC."
 

Schedule 12

 

THE LORD LIPSEY

Page 404, line 3, at end insert—
  Party political broadcasting
"2A  (1)   It shall be the duty of the BBC to include—
(a)  party political broadcasts, and
(b)  referendum campaign broadcasts
  in each relevant service.
(2)  In meeting its duty, the BBC shall observe any rules made by OFCOM under section 326.
(3)  In this paragraph—
  "relevant services" means those television and radio services which are prescribed as such in accordance with the provisions of section 321(2A),
  "designated organisation", in relation to a referendum, means a person or body designated by the Electoral Commission under section 108 of the Political Parties, Elections and Referendums Act 2000 (c.41) (designation of organisation to whom assistance is available) in respect of that referendum,
  "referendum campaign broadcast" has the meaning given by section 127 of that Act (referendum campaign broadcasts)."
Page 415, line 10, at end insert—
(1A)  In meeting its duty, S4C shall observe any rules made by OFCOM under section 326.
Page 415, line 11, leave out sub-paragraphs (2) to (5)

 
 
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©Parliamentary copyright 2003
8 April 2003