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

House of Lords

back to previous amendments

 

Clause 317

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

261Page 280, line 14, leave out "After publishing" and insert "In the preparation of any"
 

Clause 326

 

THE LORD LIPSEY
THE LORD McNALLY
THE BARONESS BUSCOMBE
THE BARONESS WILCOX

262Page 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."
263Page 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"
264Page 287, line 26, after "broadcasts" insert ", having regard to levels of proven electoral support"
265Page 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."
 

Clause 327

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

266Page 288, line 8, after "programme" insert "(including any subtitling or other services relating to that programme)"
267Page 288, line 19, leave out "ninety" and insert "forty-two"
 

Clause 329

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

268Page 289, line 9, leave out subsections (1) and (2)
 

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

269Page 289, line 10, after "functions," insert "and to be necessary on grounds of national security or for the safety of the public,"
270Page 289, line 21, at beginning insert "Where he believes it necessary on grounds of national security or for the safety of the public,"
 

Clause 330

 

THE LORD ADDINGTON

270A*Page 290, line 8, at end insert "; and
(c)  between persons of different age groups."
 

THE LORD CARTER
THE LORD ADDINGTON

270BPage 290, line 11, leave out "the fair treatment of" and insert "equality of opportunity for"
 

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

271Page 291, line 4, leave out paragraph (a)
 

THE LORD CRICKHOWELL

271APage 291, line 9, at end insert—
"(10)  In the case of a licence holder which is part of a group of licence holders which are in common ownership, OFCOM may determine that the arrangements specified in subsections (1) to (3) may be made by the owner of that group on the licence holder's behalf and the threshold number of persons referred to in subsection (6)(a) shall be applied to the persons employed by the owner of that group as if it applied to persons employed by the person licensed to provide the service.
(11)  OFCOM may publish guidance to licence holders as to the circumstances in which such a determination is likely to be made.
(12)  The publication of guidance under subsection (11) is to be in such manner as OFCOM consider appropriate."
 

Schedule 12

 

THE LORD ALLI
THE LORD LIPSEY
THE LORD McNALLY

272Page 402, line 7, after "total" insert "annual budget allocated to the production and acquisition of qualifying programmes included in the television broadcasting services provided by the BBC, and not less than 25 per cent. of the total"
273Page 402, line 22, at end insert "; and
(d)  the reference to the total budget is a reference to a budget of such description as the Secretary of State may by order specify as a description of the budget that she considers should be the budget for the purposes of that subsection"
274Page 403, line 39, at end insert—
 

"Quotas for independent radio productions

(1)      It shall be the duty of the BBC to secure that, in each year, not less than 25 per cent. of the total annual budget allocated to the production and acquisition of qualifying programmes included in the radio broadcasting services provided by the BBC, and not less than 25 per cent. of the total amount of time allocated to the broadcasting of qualifying programmes included in the radio broadcasting services of the BBC, is allocated to the broadcasting of a range and diversity of independent productions.
(2)      In sub-paragraph (1)—
(a)  a reference to qualifying programmes is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be qualifying programmes for the purposes of this paragraph;
(b)  the reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of this paragraph;
(c)  a reference to a range of independent productions is a reference to a range of programmes in terms of cost of acquisition as well as in terms of the types of programme involved; and
(d)  the reference to the total annual budget is a reference to a budget of such description as the Secretary of State may by order specify as a description of the budget that she considers should be the budget for the purposes of that subsection.
(3)      After consultation with OFCOM, the Secretary of State may by order amend sub-paragraph (1) by substituting a different percentage for the percentage for the time being specified in that sub-paragraph.
(4)      OFCOM shall, in each relevant period, make a report to the Secretary of State on the extent to which the BBC have performed their duty under sub-paragaph (1) above in that period."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

275Page 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 service."
 

THE LORD LIPSEY
THE LORD McNALLY

276Page 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 326(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)."
 

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

277Page 404, line 25, at end insert—
"(5A)      No order may be made under sub-paragraph (5) modifying sub-paragraph (2) unless the order relates to a conclusion contained in a report published under section 332(6)."
 

THE LORD LIPSEY

278Page 415, line 10, at end insert—
"(1A)      In meeting its duty, S4C shall observe any rules made by OFCOM under section 326."
279Page 415, line 11, leave out sub-paragraphs (2) to (5)
 

Before Clause 340

 

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

280Insert the following new Clause—
  "Media plurality public interest consideration
(1)  Section 58 of the Enterprise Act 2002 (c. 40) (specified considerations) shall be amended as follows.
(2)  After subsection (2) there shall be inserted—
"(2C)  The public interest in—
(a)  the maintenance of a range of broadcast media owners and voices sufficient to satisfy a variety of tastes and interests;
(b)  the promotion and maintenance of a plurality of broadcast media owners, each of whom demonstrates a commitment to the impartial presentation of news and factual broadcast programming; and
(c)  the promotion and maintenance, in all media including newspapers, of a balanced and accurate presentation of news, the free expression of opinion and a clear differentiation between the two;
  is specified in this section."
(3)  In subsection (3), after the words "any consideration", there shall be inserted "(other than the consideration specified in subsection (2C))"."
281Insert the following new Clause—
  "Adaptation of role of OFT in initial investigations and reports
(1)  Section 44 of the Enterprise Act 2002 (c. 40) (investigation and report by OFT in public interest cases) shall be amended as follows.
(2)  In subsection (3)(b), after the word "concerned", there shall be inserted "(other than the media plurality public interest consideration)".
(3)  After subsection (5) there shall be inserted—
"(5B)  The report may, in particular, contain a summary of any representations about the case which have been received by the OFT and which relate to the media plurality public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45."
(4)  After subsection (7) there shall be inserted—
"(7A)  In this Part "media plurality public interest consideration" means any consideration which, at the time of the giving of the intervention notice concerned, is specified in section 58(2C).
(7B)  In this Part—
 "broadcast media owners" means persons holding broadcasting licences under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 and persons controlling bodies corporate for the purposes of Schedule 2 to the Broadcasting Act 1990;
 "voices" means views and opinions represented to a significant degree in the broadcast media.""
282Insert the following new Clause—
  "Additional investigation and report by OFCOM
  After section 44 of the Enterprise Act 2002 (c. 40) (investigation and report by OFT in public interest cases) there shall be inserted—
"44AAdditional investigation and report by OFCOM: media plurality
(1)  Subsection (2) applies where—
(a)  the Secretary of State has given an intervention notice in relation to a relevant merger situation; and
(b)  the intervention notice mentions the media plurality public interest consideration.
(2)  OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration on the case.
(3)  The report shall contain—
(a)  advice and recommendations which may be relevant to the Secretary of State's decision as to whether to make a reference under section 45; and
(b)  a summary of any representations about the case which have been received by OFCOM.
(4)  OFCOM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this section.""
283Insert the following new Clause—
  "Enforcement powers in relation to media mergers
  In Schedule 8 to the Enterprise Act 2002 (c. 40) (provision that may be contained in certain enforcement orders) after paragraph 20 there shall be inserted—

 
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14 May 2003