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

House of Lords

back to previous amendments

 

Clause 199

 

THE BARONESS BLACKSTONE

154Page 177, line 20, after "may" insert "by order"
 

Clause 202

 

THE BARONESS BLACKSTONE

155Page 179, line 24, leave out "broadcasting" and insert "programme"
156Page 179, line 26, leave out "broadcasting" and insert "programme"
 

Clause 205

 

THE EARL OF MAR AND KELLIE
THE BARONESS MICHIE OF GALLANACH

157Page 182, line 20, leave out "may finance, or" and insert "must finance, and"
 

THE EARL OF MAR AND KELLIE
THE BARONESS MICHIE OF GALLANACH
THE LORD HOGG OF CUMBERNAULD

158Page 182, line 30, at end insert—
"(   )  the holding of licences to provide a service of Gaelic television and sound programmes to be available to persons in Scotland and elsewhere"
 

THE LORD HOGG OF CUMBERNAULD

158A*Page 182, line 38, at end insert—
"(4C)  For the purpose of enabling the Service to carry out its functions, it shall be the duty of each of the persons mentioned in subsection (4D) to provide the Service, free of charge (including any charge arising from royalty payments), with at least 52 hours of new Gaelic programmes per year, with material from their archives, and in the case of the BBC, with no less than 30 hours of new radio programmes per week.
(4D)  The persons referred to in subsection (4C) are—
(a)  the BBC,
(b)  any holder of a Channel 3 licence to provide a regional Channel 3 service for reception wholly in Scotland, and
(c)  such other persons providing television broadcasting services as may be specified by the Secretary of State.".
158B*Page 183, line 16, at end insert—
"(5)  Receipts from the Treasury for the Gaelic Broadcasting Fund shall be linked to the retail prices index.
(6)  Receipts from the Treasury for the Gaelic Broadcasting Fund must go through OFCOM."
 

Clause 206

 

THE EARL OF MAR AND KELLIE
THE BARONESS MICHIE OF GALLANACH

159Page 183, line 20, leave out "twelve" and insert "nine members, and the Consultation Group shall consist of six"
160Page 183, line 21, after "Service" insert "and Consultation Group"
161Page 183, line 22, leave out "one of the members to be"
162Page 183, line 25, leave out from second "of" to "chairman" in line 26 and insert "the"
 

THE LORD HOGG OF CUMBERNAULD

162A*Page 183, leave out lines 27 to 31
 

THE EARL OF MAR AND KELLIE
THE BARONESS MICHIE OF GALLANACH

163Page 183, line 27, leave out "Service" and insert "Consultation Group"
 

THE LORD HOGG OF CUMBERNAULD

163A*Page 183, line 31, at end insert—
"(d)  a member nominated by the Multiplex A licence holder."
 

THE EARL OF MAR AND KELLIE
THE BARONESS MICHIE OF GALLANACH

164Page 183, line 32, after "Service" insert "and Consultation Group"
165Page 183, line 39, leave out "Service" and insert "Consultation Group"
166Page 184, line 10, at end insert—
 "`Consultation Group' means an expert advisory body appointed under section 183B"
 

After Clause 206

 

THE EARL OF MAR AND KELLIE
THE BARONESS MICHIE OF GALLANACH

167Insert the following new Clause—
  "Membership of the Consultation Group
  After section 183 of the 1990 Act there shall be inserted—
    "183BMembership of the Consultation Group
    (1)  The Consultation Group shall consist of not more than six members.
    (2)  The members of the Consultation Group are to be appointed by OFCOM.
    (3)  The chairman of the Consultation Group will be the chairman of the Gaelic Media Service.
    (4)  The approval of the Secretary of State is required for the appointment of a person as a member of the Consultation Group.
    (5)  The members of the Consultation Group must include—
    (a)  a member nominated by the BBC;
    (b)  a member nominated by Highlands and Islands Enterprise; and
    (c)  a member nominated by BoČrd GaČidhlig na h-Alba (the Gaelic Development Agency).
    (6)  When appointing members of the Consultation Group, OFCOM must have regard to—
    (a)  the desirability of having members of the Consultation Group who are proficient in written and spoken Gaelic; and
    (b)  any guidance issued by the Secretary of State for the purposes of this section.
    (7)  OFCOM must secure, so far as practicable, that the membership of the Consultation Group is such that the interests of the following are adequately represented—
    (a)  the holders of licences to provide regional Channel 3 for areas wholly in Scotland;
    (b)  the holders of licences to provide regional Channel 3 services in respect of which determinations under section 184(4)(b) are for the time being in force;
    (c)  the independent television and radio production industries in Scotland;
    (d)  other persons and bodies concerned with the promotion and use of the Gaelic language, including those concerned with education in Gaelic and in Gaelic culture.
    (8)  Schedule 19 to this Act shall have effect with respect to the Consultation Group.
    (9)  In this section—
      "BoČrd GaČidhlig na h-Alba" means the body of that name formed under section 5 of the National Heritage (Scotland) Act 1985;
      "regional Channel 3 service" has the same meaning as in Part 1.
    (10)  The Secretary of State may by order amend the reference in subsection (5) to BoČrd GaČidhlig na h-Alba (the Gaelic Development Agency)—
    (a)  by substituting a reference to another body formed under section 5 of the National Heritage (Scotland) Act 1985 with functions relating to the promotion of Gaelic; or
    (b)  for the purposes of giving effect to a change to the name of the body referred to in that subsection.
    (11)  An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.""
 

Clause 207

 

THE EARL OF MAR AND KELLIE
THE BARONESS MICHIE OF GALLANACH

168Page 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"
 

THE LORD HOGG OF CUMBERNAULD

168A*Page 184, line 35, leave out subsection (4)
 

Clause 215

 

THE LORD CARTER
THE LORD ADDINGTON

169Page 191, line 18, after "form" insert "or for so long as the digital teletext service remains inaccessible to visually impaired and deafblind people"
 

Clause 233

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

170Page 208, line 42, at end insert—
"(8A)  OFCOM shall publish a statement setting out by what means complaints concerning a contravention of a licence condition may be made and how OFCOM will consider such a complaint.
(8B)  A statement under subsection (8A) shall include—
(a)  an account of arrangements for the publication of details of a complaint,
(b)  information on the time available for making representations, and
(c)  an account of the process of consideration between the making of complaints and the issuing of directions under this section."
 

Clause 241

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

171Page 216, line 41, at end insert—
"(   )  In considering whether to make an order under this section, the Secretary of State shall have regard to the desirability of promoting local television and, in particular, to providing for the replacement of existing analogue local television licences by digital licences."
 

THE LORD McNALLY
THE BARONESS WALMSLEY

172Page 216, line 42, leave out subsection (7)
173Page 216, line 45, at end insert—
"(   )  An order under this section in relation to a description of such services may, in particular, prescribe services to be provided primarily for the good of members of the public or of a particular community, rather than for commercial reasons."
 

Clause 242

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD McNALLY
THE BARONESS WARNOCK

174Page 218, line 14, at end insert—
"(   )  Where OFCOM receives notification that may give rise to a change of control in ownership of independent radio services, or that a relevant change of control takes place (whether or not that change has been previously notified to OFCOM), OFCOM shall carry out a review of the impact on music diversity and local character."
 

Before Clause 258

 

THE LORD McNALLY
THE BARONESS WALMSLEY

175Insert the following new Clause—
  "Community television services
(   )  After section 42B of the 1990 Act there is inserted—
    "42CCommunity television services
      In this Part "community service" means a service which—
    (a)  consists in the broadcasting of television programmes for the benefit of members of the public in a defined geographical locality or of a particular community and not operated by the BBC or for commercial purposes (a "community service"), and
    (b)  is provided on a frequency or frequencies assigned by OFCOM under section 65.
    42DCommunity television services: licences
    (1)  An application for a licence to provide a community service shall be made in such a manner as OFCOM may determine and shall be accompanied by such fee (if any) as OFCOM may determine.
    (2)  In determining whether or to whom to grant a licence to provide a community service and the duration of such licence, OFCOM shall have regard to—
    (a)  the extent to which the service would confer significant benefits on the public or on the particular community for which it is proposed to be provided;
    (b)  the extent to which the proposed service is supported by the public or the particular community for which it is proposed to be provided;
    (c)  the extent to which the proposed service includes provision for public access to training, production and broadcast facilities; and
    (d)  the extent to which the proposed service includes measures to ensure accountability to and participation by the public or the particular community for which it is proposed to be provided.""
 

Clause 258

 

THE LORD McNALLY
THE BARONESS WALMSLEY

176Page 229, line 7, leave out subsection (3)
177Leave out Clause 258 and insert the following new Clause—
  "Community radio
(1)  In subsection (2) of section 84 of the 1990 Act (regulations by authority of independent radio services) after paragraph (a)(iii) there shall be inserted—
 "or
(iv)  for the benefit of members of the public in a defined geographical locality or of a particular community and not operated by the BBC or for commercial purposes (a "community service")".
(2)  In subsection (6) of section 104 of the 1990 Act (application for other licences) in paragraph (b) after "satellite" there shall be inserted ", community".
(3)  After that subsection there shall be inserted—
    "(6A)  In determining whether or to whom to grant a licence to provide a community service and the duration of such licence, OFCOM shall have regard to the extent to which the proposed service—
    (a)  would confer significant benefits on the public or on the particular community for which it is proposed to be provided;
    (b)  demonstrates evidence of support by the public or the particular community for which it is proposed to be provided;
    (c)  includes provision for public access to training, production and broadcast facilities;
    (d)  includes measures to ensure accountability to and participation by the public or the particular community for which it is proposed to be provided; and
    (e)  would be distinctive from existing local sound broadcasting services licensed to cover over 50 per cent of the proposed service's coverage area."

 
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2 May 2003