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

House of Lords

back to previous amendments

 

Clause 282

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

225Page 254, line 10, leave out "sufficient" and insert "substantial"
226Page 254, line 16, leave out "suitable" and insert "substantial and significant"
227Page 254, line 22, leave out "suitable" and insert "substantial and significant"
228Page 254, line 30, leave out "sufficient" and insert "substantial"
229Page 254, line 39, leave out "suitable" and insert "substantial and significant"
230Page 254, line 45, leave out "suitable" and insert "substantial and significant"
231Page 255, line 11, leave out "sufficient" and insert "substantial"
232Page 255, line 17, leave out "suitable" and insert "substantial and significant"
233Page 255, line 24, leave out "suitable" and insert "substantial and significant"
 

Clause 283

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

234Page 256, line 26, at end insert—
"(   )  In determining suitable proportions for the purpose of subsection (1), OFCOM shall have regard to the number of viewers of Channel 4."
 

After Clause 294

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

235Insert the following new Clause—
  "
(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 ASHLEY OF STOKE
THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD ADDINGTON

236Page 264, line 36, leave out "from time to time" and insert "at least once every three years"
 

THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON

237Page 264, line 40, leave out "and"
238Page 264, line 41, at end insert "and
(iii)  persons with a dual sensory impairment"
239Page 265, line 2, at beginning insert "extensively"
240Page 265, line 3, leave out "tenth" and insert "fifth"
241Page 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."
 

THE LORD CARTER
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

242Page 265, line 16, leave out "10" and insert "50"
243Page 265, line 23, at end insert—
"(   )  The code must require that persons providing audio-description under this section provide this assistance in such a way that it reaches users of the service in an intelligible form."
 

THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON

244Page 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"
245Page 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)."
 

THE LORD LIPSEY

246Page 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 299

 

THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON

247Page 266, line 42, leave out "(1)(a)(i) or (ii)" and insert "(1)(a)(i), (ii) or (iii)"
248Page 267, line 1, leave out "and"
249Page 267, line 2, at end insert "and
(c)  persons who have a dual sensory impairment"
 

Clause 304

 

THE LORD ADDINGTON

250Page 269, line 11, at end insert—
"(   )  The code must include minimum requirements and best practice guidance on making electronic programme guides accessible to people who are blind, partially sighted or have other disabilities."
 

THE LORD AVEBURY
THE BARONESS HOWE OF IDLICOTE

250APage 269, line 11, at end insert—
"(2A)  The practices required by the code must include, where there is more than one version of a public service channel available on an electronic programme guide—
(a)  compliance with a request from the provider of a public service channel to substitute either—
(i)  the appropriate version of that public service channel as designated by the provider of the channel; or
(ii)  the version of that channel selected by the viewer for substitution;
  for the most prominent listing of that public service channel in the relevant electronic programme guide;
(b)  ensuring that, where the provider of the public service channel consents, the consumer can perform the type of selection described in paragraph (a)(ii).
(2B)  In assessing the degree of prominence for the purpose of subsection (2), OFCOM must ensure that—
(a)  such prominence amounts to a degree that is greater than it would have been without the giving of such guidance; and
(b)  the degree of prominence at least matches the degree of prominence in existence at the date of the commencement of the Office of Communications Act 2002 (c. 11).
(2C)  For the purposes of this section there is more than one version of a public service channel available if, in the service of television programmes provided, there are different programmes being broadcast or distributed at the same time for audiences in different areas, regions or nations of the United Kingdom in the same service.
(2D)  OFCOM shall perform its duty to draw up a code under subsection (1) within six months at the latest of the commencement of this section."
250BPage 269, line 14, after "television" insert "or radio"
250CPage 269, line 19, leave out paragraph (e) and insert—
"(e)  any service of television programmes provided by the Welsh Authority in digital form;"
250DPage 269, line 29, after first "service" insert ", a digital sound broadcasting service,"
 

Clause 306

 

THE LORD EATWELL

250EPage 270, line 5, leave out "the words from "except" onwards shall be omitted" and insert "for the words from "except" onwards there is substituted "and, in the case of a local licence, that an appropriate amount of local material is broadcast, of which an appropriate amount is locally made""
 

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

251Page 270, line 13, at end insert "and music"
252Page 270, line 16, at end insert "taking into account the way in which the existing range of programmes and music (taken as a whole) is calculated to appeal to a variety of tastes and interests"
 

THE LORD EATWELL

252APage 270, line 19, after "locality" insert "and to the broadcasting of local material, of which an appropriate amount is locally made"
252BPage 270, line 43, at end insert—
    "(8)  In this section—
     "locally made", in relation to programmes included in a local sound broadcasting service, means made wholly or partly at premises in the area or locality for which that service is provided;
     "local material" means material (including news, information or entertainment but excluding advertising) which is of particular interest to—
    (a)  persons living or working in the area or locality for which the service is provided;
    (b)  persons living or working within a part of that area or locality; or
    (c)  particular communities living or working within that area or locality;
      and references in this section to persons living or working in an area of locality include references to persons undergoing education or training in that area or locality.""
 

Clause 307

 

THE BARONESS TURNER OF CAMDEN
THE LORD LEA OF CRONDALL
THE BARONESS GIBSON OF MARKET RASEN
THE LORD McNALLY

252CPage 271, line 5, after "material" insert ", and such as that involving local talent,"
 

THE VISCOUNT FALKLAND
THE LORD McNALLY
THE BARONESS WARNOCK

253Page 271, line 24, at end insert "(including musicians)"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

254Page 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

255Page 272, line 4, after "news" insert "and music"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD EATWELL

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

Clause 310

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

256Page 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)."
257Page 273, line 39, leave out subsection (3)
258Page 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

258APage 275, line 27, leave out "and" and insert—
  "(ca)"
 

THE LORD GORDON OF STRATHBLANE
THE LORD BORRIE
THE BARONESS BUSCOMBE
THE LORD SAATCHI

259Page 275, line 37, leave out "unsuitable" and insert "misleading, harmful or offensive"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

260Page 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 314

 

THE BARONESS BLACKSTONE

260APage 278, line 44, leave out from beginning to "the" in line 46 and insert—
"(7)  Provision included by virtue of this section in standards set under section 312 is not to apply to, or to be construed as prohibiting"
260BPage 279, line 1, leave out from "political" to "paragraph" in line 5 and insert "or referendum campaign broadcast the inclusion of which is required by a condition imposed under section 326 or by"

 
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14 May 2003