House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Communications Bill

Communications Bill


REVISED 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 1 and 2
Schedule 1
Clauses 3 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 3

 

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

1Page 3, line 3, after "the" insert "principal"
2Page 3, line 4, leave out ", where appropriate by promoting competition"
 

THE BARONESS O'NEILL OF BENGARVE
THE BARONESS HOWE OF IDLICOTE
THE LORD PHILLIPS OF SUDBURY

3Page 3, line 6, leave out paragraph (b) and insert—
"(b)  to support and further the communication industry's capacity to contribute to public, civil and cultural life"
 

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

4Page 3, line 7, at end insert "and to do so wherever possible by promoting effective competition in national, regional and local communications markets throughout the United Kingdom"
 

THE LORD PHILLIPS OF SUDBURY
THE LORD McNALLY
THE BARONESS O'NEILL OF BENGARVE
THE BARONESS HOWE OF IDLICOTE

5Page 3, line 7, at end insert "and to uphold the principles of public service broadcasting"
 

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

6Page 3, line 7, at end insert—
"(   )  In conducting their duties under subsection (1), OFCOM shall have a primary responsibility to ensure that their actions are, at all times, governed by the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed."
 

THE LORD GORDON OF STRATHBLANE

7Page 3, line 16, leave out "(taken as a whole)"
8Page 3, line 17, after first "and" insert "(taken as a whole)"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD GORDON OF STRATHBLANE

9Page 3, line 18, leave out paragraph (d)
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

10Page 3, line 29, at end insert—
"(   )  so far as practicable and in the manner that best takes account of the need to protect personal data, in order to protect copyrighted content, and to empower parents to protect children from harmful content, that open standards for technical security systems are established and implemented"
 

THE BARONESS HOWE OF IDLICOTE
THE LORD PILKINGTON OF OXENFORD

11Page 3, line 29, at end insert—
"(g)  the availability of adequate means for considering and, where necessary, redressing complaints from the public about alleged lapses from the standards referred to in paragraphs (e) and (f)"
 

THE EARL OF NORTHESK

12Page 3, line 29, at end insert—
"(   )  the application, in the case of electronic communications network services, of standards that provide adequate protection to members of the public and all other persons from unwarranted infringements of privacy resulting from activities carried on for the purposes of such services"
13Page 3, line 29, at end insert—
"(   )  the promotion of broadband competition in the United Kingdom at all levels of the market"
 

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

14Page 3, line 29, at end insert—
"(g)  the maintenance of a vibrant independent production sector"
 

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

15Page 3, line 29, at end insert—
"(2A)  It shall also be the duty of OFCOM in carrying out their functions, and in performing their duties under subsection (1)—
(a)  to act impartially and transparently; and
(b)  to comply with the additional principles of good regulation, namely that regulatory activities should be accountable, proportionate, consistent and targeted only at cases in which action is needed."
 

THE EARL OF NORTHESK

16Page 3, line 29, at end insert—
"(   )  In subsection (2)(c) to (f), "television and radio services" includes all television and radio services transmitted directly to electronic communications devices via cable, satellite or dial-up modem."
 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

17Page 3, line 30, at beginning insert "Subject to subsection (2A)"
 

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

18Page 3, line 34, leave out paragraph (b)
19Page 3, line 39, leave out paragraph (d)
 

THE BARONESS HOWE OF IDLICOTE
THE BARONESS PRASHAR

20Page 4, line 9, after "Kingdom" insert "of people of different ethnic origins and communities"
 

THE EARL OF NORTHESK

21Page 4, line 9, at end insert—
"(   )  the need to promote good practice in relation to the security of electronic communications networks;"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD McNALLY

22Page 4, line 12, at end insert—
"(   )  the impact of developments in relevant markets upon creators and performers"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE
THE LORD McNALLY

23Page 4, line 12, at end insert—
"(   )  the desirability of open standards for technology for technological security systems to prevent unauthorised use of personal data and copyrighted content"
24Page 4, line 14, after "consumers" insert ", including disabled, elderly and low income consumers,"
 

THE LORD CARTER
THE LORD ADDINGTON

25Page 4, line 15, after "choice," insert "accessibility and usability of services,"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

26Page 4, line 22, at end insert "and publish the reasoning for the resolution of any conflict between their general duties"
 

THE BARONESS FINLAY OF LLANDAFF

27Page 4, line 38, at end insert—
"(   )      5  In performing their duties under this section OFCOM shall have a duty to consult the National Assembly for Wales, the Scottish Parliament and the Northern Ireland Assembly over matters of specific concern, respectively to Wales, Scotland and Northern Ireland."
 

THE LORD THOMAS OF GRESFORD
[As an amendment to amendment 27]

27A*Line 5, at end insert "and give due consideration to representations made by the National Assembly for Wales"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

28Page 5, line 2, at end insert—
"(   )  OFCOM's report under paragraph 12 of the Schedule to the Office of Communications Act 2002 (c. 11) (annual report) for each financial year must contain a statement by OFCOM summarising those circumstances where, in OFCOM's opinion, they have been required to reconcile general duties which have been in conflict with each other and how they have sought to do so in the circumstances."
 

After Clause 3

 

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

29Insert the following new Clause—
  "Application of general duties to the Secretary of State
(1)  Except as provided for in subsection (2), in carrying out his functions under the relevant enactments, the Secretary of State shall have regard to the general duties imposed by virtue of section 3.
(2)  The provisions of subsection (1) do not apply when the Secretary of State is carrying out his functions under—
(a)  the provisions of this Act set out in—
(i)  section 5,
(ii)  section 20,
(iii)  section 26,
(iv)  section 27,
(v)  section 129,
(vi)  section 153,
(vii)  section 160,
(viii)  section 329,
(ix)  Chapter 5 of Part 3,
(x)  Part 4, and
(xi)  Schedule 2;
(b)  sections 5 to 7 of the Wireless Telegraphy Act 1949 (c. 54);
(c)  section 7A of the Marine, &.c, Broadcasting (Offences) Act 1967 (c. 41);
(d)  Part 5 and section 94 of the Telecommunications Act 1984 (c. 12);
(e)  section 63 of the 1990 Act; and
(f)  section 132 of the 1996 Act.
(3)  In this section, "the relevant enactments" means—
(a)  this Act;
(b)  the enactments relating to the management of the radio spectrum (so far as not comprised in this Act and Part 6 of the Telecommunications Act 1984);
(c)  the Telecommunications Act 1984;
(d)  the 1990 Act;
(e)  the 1996 Act; and
(f)  the Office of Communications Act 2002 (c. 11)."
 

THE LORD McNALLY
THE BARONESS WALMSLEY

30Insert the following new Clause—
  "Duty to promote community media
(1)  It shall be the duty of OFCOM to take all such steps as they consider appropriate for promoting the growth and development of community media.
(2)  In this section—
 "community media" means communications services provided primarily 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.
(3)  In subsection (2)—
 "communication services" includes—
(a)  radio and television broadcasting;
(b)  electronic communications networks and services; and
(c)  content services carried by services falling within paragraph (a) or (b)."
 

Clause 6

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

31Page 7, line 33, at end insert "; and
(c)  to seek the views of persons providing services and facilities in relation to which OFCOM have functions on which of these functions should be subject to review."
32Page 7, line 40, at end insert "; and
(c)  whether the procedures for self-regulation offer adequate opportunities for public scrutiny and for reporting on those activities to OFCOM, to the Secretary of State and to Parliament as appropriate."
 

After Clause 6

 

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

33Insert the following new Clause—
  "Additional duties in relation to effective self-regulation
(1)  In considering for the purposes of section 6(2)(a) the extent to which matters which OFCOM are required under section 3 to further or secure are already furthered or secured, or are likely to be furthered or secured, by effective self-regulation, OFCOM shall have regard to the guidance prepared under subsection (2).
(2)  It shall be the duty of OFCOM to prepare, and from time to time review and revise, such guidance on standards for effective self-regulation as appear to them best calculated to promote effective self-regulation and the self-regulation standards objectives.
(3)  The self-regulation standards objectives are—
(a)  that the method of self-regulation offers protection or other benefits for members of the public in respect of a particular service beyond or in addition to those offered by the general law;
(b)  that a proper degree of responsibility is accepted and exercised by all participants in the method of self-regulation;
(c)  that the participants in the method of self-regulation, so far as practicable, include all providers of the relevant service in the United Kingdom;
(d)  that the person or body responsible for monitoring and enforcement of the method of self-regulation has an appropriate measure of independence from providers of the relevant service;
(e)  that adequate funding is available to the person or body undertaking functions in accordance with paragraph (d); and
(f)  that the operations of the person or body undertaking functions in accordance with paragraph (d) are transparent and accountable.
(4)  OFCOM shall make such arrangements as they consider appropriate for the accreditation of methods of self-regulation complying with the standards set out in guidance prepared in accordance with subsection (2).
(5)  The Secretary of State may lay before Parliament an annual report giving an account of activities under a method of self-regulation that has been accredited in accordance with subsection (4)."

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
29 April 2003