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

House of Lords

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"Disputes arising from behaviour prior to commencement of section 182 of this Act

 20A   (1)   After the revocation by this Act of the Telecommunication (Interconnection) Regulations 1997 (S.I. 1997/2931) a dispute may be referred to OFCOM arising out of behaviour prior to that date which could have been the subject of a referral to the Director under regulation 6 of those regulations and Chapter 3 of Part 2 of this Act (except sections 186 and 187) is to have effect accordingly.
(2)      Where OFCOM make a determination for resolving a dispute falling to be resolved in accordance with sub-paragraph (1)—
(a)  their powers on making that determination are to be those which would have been exercisable by the Director under those regulations (instead of those under Chapter 3 of Part 2);
(b)  conditions of a licence under section 7 of the 1984 Act requiring compliance with directions given by the Director under regulation 6 of those regulations are to continue to have effect as if they also applied to directions given by OFCOM by virtue of paragraph (a); and
(c)  paragraph 11 of this Schedule has effect as if the reference in sub-paragraph (1)(d) to directions given by the Director under that regulation included a reference to directions given by OFCOM by virtue of paragraph (a) above.
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

322ZAPage 553, line 43, leave out "and OFCOM"
 

Schedule 19

 

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

322APage 562, leave out lines 28 to 30
322BPage 562, line 31, leave out "(2) and"
322CPage 562, leave out line 40
 

THE BARONESS BLACKSTONE

323Page 567, leave out lines 43 and 44
324Page 569, line 25, at end insert—
  "European Parliament (Representation) Act 2003(c. 00)In section 12(4), in the definition of "programme services", the words from "(including" to "local delivery services"."
325[Re-tabled as amendment 322A]
326[Re-tabled as amendment 322B]
327[Re-tabled as amendment 322C]
 

Clause 401

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY
THE BARONESS BUSCOMBE
THE BARONESS WILCOX

328Page 351, line 10, at end insert—
  "and where in pursuance of such an order under section 403 any such function as is referred to in paragraph (a) or (b) is carried out by that Director or the Secretary of State, references in section 189 to OFCOM shall in relation to anything referred to in that section have effect as if they were references to that Director or the Secretary of State as the case may be."
 

Clause 402

 

THE BARONESS BLACKSTONE

328APage 352, line 39, leave out "or"
 

Clause 403

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

329Page 353, line 5, at end insert—
"(   )  Before making an order under subsection (2) appointing a day for the coming into force of section (Restrictive covenants affecting freehold property), the Secretary of State shall consult OFCOM and such other persons as appear to the Secretary of State to be appropriate."

 
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14 May 2003