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

House of Lords

back to previous amendments

 

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."
 

Clause 306

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD McNALLY

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"
 

Clause 307

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

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

THE VISCOUNT FALKLAND
THE LORD McNALLY

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"
 

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

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

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 television 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)

 
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©Parliamentary copyright 2003
29 April 2003