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Amendments to the Communications Bill

Communications Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 10th April 2003, as follows—

Clauses 8 to 27
Schedule 2
Clauses 28 to 60
Clauses 62 to 71
Clauses 74 to 103
Schedule 3
Clauses 104 to 115
Schedule 4
Clauses 116 to 156
Schedule 5
Clauses 157 to 177
Schedule 6
Clauses 178 and 179
Schedule 7
Clauses 180 to 189
Schedule 8
Clauses 190 to 196
Schedule 9
Clauses 197 to 216
Schedule 10
Clauses 217 to 267
Clause 61
Clauses 72 and 73
Clauses 268 to 289
Schedule 11
Clauses 290 to 331
Schedule 12
Clauses 332 to 338
Schedule 13
Clauses 339 to 342
Schedule 14
Clauses 343 to 353
Schedule 15
Clauses 354 to 382
Schedule 16
Clauses 383 to 399
Schedules 17 to 19
Clauses 400 to 403
[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 8

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

35Page 9, line 31, after "publish" insert ", and on an annual basis review,"
36Page 9, line 45, leave out from "have" to end and insert "due regard to the statement for the time being in force under this section with a view to compliance with the standards contained in it unless exceptional circumstances prevent this"
37Page 9, line 45, at end insert—
"(   )  It shall also be the duty of OFCOM to publish each year, as soon as reasonably practicable after the end of the previous year, a report of their performance during that year in relation to the promptness standards described in the statement under subsection (1)."
 

THE LORD PEYTON OF YEOVIL

 The Lord Peyton of Yeovil gives notice of his intention to oppose the Question that Clause 8 stand part of the Bill.
 

After Clause 8

 

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

38Insert the following new Clause—
  "Undue delay on the part of OFCOM
(1)  This section applies if the court is satisfied, on the application of a person aggrieved by the failure of OFCOM to comply with the promptness standards set out in the statement for the time being in force under section 8, that there has been undue delay on the part of OFCOM in—
(a)  the carrying out of their different functions; or
(b)  the transaction of business for purposes connected with the carrying out of those functions.
(2)  The court may give such directions to OFCOM as it considers appropriate for securing that the functions or business that are the subject of the application under subsection (1) shall be carried out or transacted without unnecessary further delay.
(3)  In this section "the court" means—
(a)  in England and Wales, the High Court;
(b)  in Scotland, the Court of Session; and
(c)  in Northern Ireland, the High Court."
 

After Clause 9

 

THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON
THE BARONESS BUSCOMBE
THE BARONESS DARCY DE KNAYTH

39Insert the following new Clause—
  "Duty to promote inclusive design and disabled access
(1)  It shall be the duty of OFCOM to take such steps, and to enter into such arrangements, as appear to them calculated—
(a)  to bring about a better awareness and understanding of inclusive design principles, techniques and standards among—
(i)  the designers and manufacturers of apparatus designed or adapted for use in connection with electronic communications services or associated facilities; and
(ii)  the providers of electronic communications services;
(b)  to encourage the designers, manufacturers and service providers mentioned in paragraph (a) to adopt inclusive design principles and techniques in the development of new apparatus, facilities and services; and
(c)  to bring about a better public awareness and understanding of inclusive design in relation to electronic communications apparatus, facilities and services.
(2)  It shall be the duty of OFCOM to encourage electronic communications network operators to co-operate with—
(a)  the manufacturers of apparatus designed or adapted for use in connection with electronic communications services or associated facilities; and
(b)  the manufacturers of assistive devices for disabled people,
  in order to facilitate access by disabled users to electronic communications services.
(3)  References in this section to "inclusive design" are references to designs which result in apparatus and services which are accessible to, and usable by, as many people as reasonably possible, and to the greatest extent possible, without the need for special adaptation or specialised design.
(4)  References in this section to "electronic communications services" includes web sites."
 

Clause 10

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

40Page 11, line 15, leave out paragraph (e)
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

41Page 11, line 17, at end insert—
"(   )  to promote awareness and understanding of the issues in paragraphs (a) to (e) among people whose disabilities, age or personal circumstances might otherwise impede their access to information."
 

After Clause 10

 

THE LORD ALLI
THE LORD LIPSEY
THE LORD McNALLY
THE BARONESS BUSCOMBE

42Insert the following new Clause—
  "Duty to promote the independent production sector
(1)  It shall be the duty of OFCOM to take such steps, and to enter into such arrangements, as appear to them calculated to promote the independent production sector, in particular—
(a)  to seek the opinions of all relevant parties with a view to establishing a register of original programme ideas;
(b)  to use the opinions given to form the basis of a register of original programme ideas, to be established and maintained by OFCOM.
(2)  For the purposes of subsection (1)(a) above, "relevant parties" should include the BBC, licensed public service channels and the independent sector.
(3)  For the purposes of subsection (1)(a) and (b) above, "original programme ideas" should be given to mean original formats and ideas for programmes not yet presented to broadcasters."
 

Clause 11

 

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

43Page 11, line 31, after "OFCOM;" insert—
"(aa)  a member who is a non-executive member of OFCOM but is not either the chairman of OFCOM or the chairman of the Content Board;"
 

THE LORD PEYTON OF YEOVIL

43APage 12, line 3, leave out subsection (6)
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

44Page 12, line 3, leave out subsection (6) and insert—
"(6)  In appointing persons to the Content Board, OFCOM must ensure that as far as practicable, the membership of the Content Board is representative of the full range of significant political, cultural and religious attitudes in the United Kingdom."
 

THE BARONESS BLACKSTONE

44APage 12, line 6, after "of" insert "the Schedule to"
 

THE LORD GORDON OF STRATHBLANE

45Page 12, line 11, leave out subsection (8)
 

Clause 12

 

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

46Page 12, line 43, at beginning insert "Subject to the provisions of subsection (1A),"
47Page 12, line 43, at beginning insert "Subject to the provisions of subsection (1B),"
48Page 12, line 45, at end insert—
"(1A)  The Content Board shall carry out the functions of OFCOM under sections 312 to 321."
49Page 12, line 45, at end insert—
"(1B)  The Content Board shall carry out the functions of OFCOM under section 10."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

50Page 12, line 45, at end insert—
"(   )  At any such time that a function has been conferred on the Content Board, that function shall not also be exercised by OFCOM."
 

THE BARONESS HOWE OF IDLICOTE
THE LORD PILKINGTON OF OXENFORD

51Page 13, line 6, after "networks" insert "including consideration of (and, where necessary, redressing) complaints under section 3(2)(g)"
 

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

52Page 13, line 6, after "networks;" insert—
"(aa)  functions conferred on OFCOM under sections 195, 200, 208, 260 to 267 and 273 to 284 and Schedule 8;"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

53Page 13, line 9, at end insert "; and
(c)  evaluation of how functions carried out by the Content Board on the regulator's behalf impact negatively or positively (or both) on business competitiveness within the broadcasting sector and those companies affected by the activities of the Content Board."
 

THE LORD PHILLIPS OF SUDBURY
THE LORD McNALLY

54Page 13, line 14, after "factors" insert "inter alia"
55Page 13, line 24, leave out "need" and insert "ought reasonably"
56Page 13, line 25, after "Kingdom" insert "and different interest groups in it"
 

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

57Page 13, line 25, at end insert—
"(4A)  The Content Board may publish such information about the carrying out of their functions as they think fit."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

58Page 13, line 25, at end insert—
"(   )  In particular the Content Board must make OFCOM aware of the impact of carrying out its functions on the competitiveness of those companies affected."
 

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

59Page 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."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

60Page 13, line 31, at end insert—
"(   )  In particular, OFCOM shall give consideration to the advisability of authorising the Content Board to establish a committee or panel to advise on the interests of people with disabilities or special needs resulting from age or personal circumstances."
 

After Clause 12

 

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

61Insert the following new Clause—
  "Consultative councils for nations and regions
(1)  It shall be the duty of the Content Board to establish consultative councils for matters within the responsibility of the Board particularly affecting—
(a)  Scotland,
(b)  Wales,
(c)  Northern Ireland, and
(d)  each region of England designated by OFCOM for the purposes of this section.
(2)  The chairmen of the consultative councils established under subsection (1)(a), (b) and (c) shall be the members of the Content Board appointed in accordance with the provisions of section 11(4)(b), (c) and (d) respectively.
(3)  The chairmen of consultative councils established under subsection (1)(d) shall be members of the Content Board.
(4)  The regions of England for the purposes of this section shall be determined by OFCOM, having regard to the coverage area of regional Channel 3 services.
(5)  It shall be the duty of the Content Board when appointing members of consultative councils to secure that a majority of the members of each such council (counting the chairman) consists of persons who are neither members nor employees of OFCOM.
(6)  Persons disqualified from membership of the Content Board under section 11(8) shall also be disqualified from membership of consultative councils established under this section.
(7)  In determining the membership of the consultative council established under subsection (1)(a), the Content Board shall ascertain and have regard to the views of the Scottish Executive.
(8)  In determining the membership of the consultative council established under subsection (1)(b), the Content Board shall ascertain and have regard to the views of the National Assembly for Wales.
(9)  In determining the membership of the consultative council established under subsection (1)(c), the Content Board shall ascertain and have regard to the views of the Northern Ireland Assembly.
(10)  In determining the membership of the consultative councils established under subsection (1)(d), the Content Board shall ascertain and have regard to the views of such bodies established or persons holding office under the Regional Development Agencies Act 1988 (c. 45) and the Greater London Authority Act 1999 (c. 29) as the Content Board may consider appropriate in the case of each consultative council."

 
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©Parliamentary copyright 2003
14 May 2003