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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 195

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 175, line 22, at end insert—
"(   )  the BBC Charter,"
Page 175, line 27, at end insert "and to enforce the terms of the BBC Fair Trading Commitment as currently drafted"
Page 175, line 33, at end insert—
"(   )  In exercising their functions under this section, OFCOM shall consult with and have regard to the views of persons providing services and facilities other than the BBC who, in their opinion, are likely to be affected by the BBC's services."
Page 176, line 1, at end insert—
"(   )  It shall be the duty of the BBC to provide OFCOM with any information which OFCOM may reasonably require for the purposes of carrying out their functions under the agreement mentioned in subsection (1)(a) or other functions under this Act."
 

THE VISCOUNT ASTOR

Page 176, line 15, at end insert—
"(10)  It shall be the function of OFCOM to oversee the terms of trade between the producers of independent radio and the BBC
(11)  In paragraph (10) a reference to the producers of independent radio is a reference to such producers as the Secretary of State may by order specify"
 

After Clause 195

 

THE VISCOUNT ASTOR

Insert the following new Clause—
  "BBC statements of programme policy
(1)  Any agreement made (whether before or after the coming into force of this section) between the BBC and the Secretary of State to regulate the provision of the BBC's services shall include (and in the event the agreement does not so include shall be deemed to include) an obligation on the BBC—
(a)  as soon as practicable after the coming into force of this section and subsequently at annual intervals to prepare and publish a statement of programme policy for each of the BBC's services; and
(b)  for the BBC to monitor its own performance in the carrying out of proposals contained in the statements.
(2)  Every statement of programme policy must include—
(a)  proposals for securing that during the following year—
(i)  the public service role of the BBC and the BBC's services will be fulfilled;
(ii)  the functions, duties and obligations of the BBC and the BBC services as set out in the Charter and Agreement will be fulfilled;
(iii)  such other matters as OFCOM may determine from time to time;
(b)  a report on the performance of the BBC in the carrying out, during the period since the previous statement, of the proposals contained in that statement.
(3)  The BBC shall comply with subsection (4) in the case of a statement of programme policy containing proposals for a significant change.
(4)  This subsection requires the BBC—
(a)  to consult OFCOM before preparing the statement; and
(b)  to take into account, in the preparation of the statement, of any opinions expressed by OFCOM.
(5)  If it appears to OFCOM that a statement of programme policy has been prepared by the BBC in contravention of a condition imposed under subsection (4), the BBC must—
(a)  revise that statement in accordance with any directions given to it by OFCOM; and
(b)  publish a revision of the statement in accordance with any such directions only after the revision has been approved by OFCOM.
(6)  A change is a significant change for its purposes of this section if it is a change as a result of which the service would in any year be materially different in character from in previous years.
(7)  In determining under this section whether a change is a significant change—
(a)  regard must be had to any guidance issued by OFCOM;
(b)  the changes to be considered include any changes that, together with any proposed change for a particular year, would constitute a change occurring gradually over a period of not more than three years; and
(c)  the previous years with which a comparison is to be made must be those immediately preceding the year in which the change is made, or in which the changes comprised in it began to occur.
(8)  It shall be the duty of OFCOM—
(a)  from time to time to review the guidance for the time being in force for the purposes of this section; and
(b)  to make such revisions of that guidance as they think fit.".
 

Clause 205

 

THE EARL OF MAR AND KELLIE
THE BARONESS MICHIE OF GALLANACH

Page 182, line 20, leave out "may" and insert "must"
Page 182, line 30, at end insert—
"(   )  the holding of licences to provide a service of Gaelic television and sound programmes so to be available to persons in Scotland and elsewhere"
 

Clause 206

 

THE EARL OF MAR AND KELLIE
THE BARONESS MICHIE OF GALLANACH

Page 183, line 20, leave out "twelve" and insert "nine members, and the Consultation Group shall consist of six"
Page 183, line 21, after "Service" insert "and Consultation Group"
Page 183, line 22, leave out "one of the members to be"
Page 183, line 25, leave out from second "of" to "chairman" in line 26 and insert "the"
Page 183, line 27, leave out "Service" and insert "Consultation Group"
Page 183, line 32, after "Service" insert "and Consultation Group"
Page 183, line 39, leave out "Service" and insert "Consultation Group"
Page 184, line 10, at end insert—
 ""Consultation Group" means an expert advisory body"
Page 184, line 33, leave out "an employee of" and insert "either an employee of the Service or employed by any of the bodies in receipt of funding from"
 

Clause 260

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

Page 232, line 38, at end insert—
"(   )  A manner of fulfilling the purposes of public service broadcasting in the United Kingdom is compatible with this subsection if it ensures that musical activity, including live performance, and its diversity are reflected, supported and stimulated by the representation in those services."
 

Clause 276

 

THE BARONESS BUSCOMBE
THE LORD McNALLY

Page 249, line 11, leave out paragraphs (a) and (b)
 

THE BARONESS BUSCOMBE

Page 250, line 3, at end insert—
"(   )  In this section "appointed new provider" means the body corporate appointed for the purposes of subsection (2) as the appointed provider."
 

Clause 277

 

THE BARONESS BUSCOMBE
THE LORD McNALLY

Page 250, line 6, leave out "repeal" and insert "modify"
Page 250, line 6, leave out "and section 32 of the 1990 Act"
 

After Clause 277

 

THE BARONESS BUSCOMBE
THE LORD McNALLY

Insert the following new Clause—
  "Repeal of existing nominated news provider regime
  Section 32 of the 1990 Act shall cease to have effect."
 

Clause 298

 

THE LORD ASHLEY OF STOKE

Page 264, line 40, leave out "and"
Page 264, line 41, at end insert "and
(iii)  persons with a dual sensory impairment"
 

Clause 299

 

THE LORD ASHLEY OF STOKE

Page 266, line 42, leave out "(i) or (ii)" and insert "(i), (ii) or (iii)"
Page 267, line 1, leave out "and"
Page 267, line 2, at end insert "and
(c)  persons who have a dual sensory impairment"
 

Clause 307

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

Page 271, line 24, at end insert "(including musicians)"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 271, line 38, at end insert—
"(   )  Before drawing up or revising a code, OFCOM shall have regard to the extent to which matters they are required to secure under this section are, or may be, secured by effective self-regulation; and, in the light of that, to consider what extent it would be appropriate not to draw up, modify or withdraw a code under this section.
(   )  In determining for the purposes of this section whether procedures for self-regulation are effective OFCOM may take account not only of self-regulation independent of those to whom it applies, but also of the extent to which the matters to be secured under this section are being, and are likely to be, secured without the further imposition of a code."
 

THE VISCOUNT FALKLAND
THE LORD McNALLY

Page 272, line 4, after "news" insert "and music"
 

Clause 310

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 273, line 35, leave out subsection (2) and insert—
"(   )  OFCOM shall not exercise any of their Broadcasting Act powers in relation to any matter to the extent that such matter is capable of being dealt with under the Competition Act 1998 (c. 41)."
Page 273, line 39, leave out subsection (3)
Page 273, line 42, at end insert—
"(   )  In any case where OFCOM decide to exercise any of their Broadcasting Act powers for a competition purpose, OFCOM shall give written notice to any person affected by that decision, stating that—
(a)  the exercise of the power in question is to any extent for a competition purpose; and
(b)  any person so affected may appeal to the Competition Appeals Tribunal against the decision in accordance with this section."
 

Clause 312

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 276, line 2, at end insert—
"(   )  Before drawing up or revising the codes, OFCOM shall have regard to the extent to which matters they are required to secure under this section are, or may be, secured by effective self-regulation; and, in the light of that, to consider to what extent it would be appropriate not to draw up, modify or withdraw a code under this section.
(   )  In determining for the purposes of this section whether procedures for self-regulation are effective, OFCOM may take account not only of self-regulation independent of those to whom it applies, but also of the extent to which the matters to be secured under this section are being, and are likely to be, secured without the further imposition of a code."
 

Clause 317

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 280, line 14, leave out "After publishing" and insert "In the preparation of any"
 

Clause 326

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 287, line 20, at end insert—
"(   )  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."
 

Clause 327

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 288, line 8, after "programme" insert "(including any subtitling or other services relating to that programme)"
Page 288, line 19, leave out "ninety" and insert "forty-two"
 

Clause 329

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 289, line 9, leave out subsections (1) and (2)
 

Clause 330

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

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

Schedule 12

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 404, line 3, at end insert—
"(   )      It shall be the duty of the BBC to make arrangements for securing that any rules from time to time drawn up by OFCOM to regulate the promotion of programmes, channels and related services by any person providing a licensed television service are observed and applied in relation to the provision of the BBC's services in a way which achieves to the fullest and most analogous extent practicable, the effect of the rules as they are intended to apply to the provision of a licensed television service."
 

Clause 343

 

THE VISCOUNT ASTOR

Page 298, line 20, leave out subsections (1) and (2) and insert—
"(   )  Subsection (9) of section 32 of the 1990 Act (limits on participation in nominated news providers) shall cease to have effect."
 

THE BARONESS BUSCOMBE
THE LORD McNALLY

 The above-named Lords give notice of their intention to oppose the Question that Clause 343 stand part of the Bill.
 

Clause 350

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 306, line 34, leave out paragraphs (a) and (b) and insert "for the words "to achieve the result that the affairs of the body are conducted in accordance with his wishes" there shall be substituted "to control or materially to influence the policy of the body""
 

Schedule 15

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 455, line 27, at end insert—
"(   )      Section 176 of the 1990 Act (Duty to provide advance information about programmes) shall be amended as follows.
(   )      In subsection (3)(b) for "the Secretary of State by order" there shall be substituted "OFCOM, following consultation with publishers and persons providing programming services".
(   )      For subsection (4) there shall be substituted—
    "(4)      OFCOM shall produce a Code of Practice in the provision of advance information about programmes to publishers, to ensure the interests of consumers continue to be protected.""
 

Clause 355

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 314, line 16, leave out from "person" to end of line 19 and insert "who is in a position to determine which programmes (with or without relevant ancillary services) are to be included in the service (whether or not he has control over the broadcasting or distribution of the service).
(   )  Subsection (2) should also apply to the person, and the only person, who is in a position to determine which programme service or services are listed or promoted in an electronic programme guide."

 
 
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©Parliamentary copyright 2003
24 April 2003