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Amendments to the Communications Bill

Communications Bill


FOURTH
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 91 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.

 

Before Clause 91

 

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

105Insert the following new Clause—
  "Investigation of contravention of condition
(1)  Where OFCOM determine that there are reasonable grounds for believing that a person may be contravening, or may have contravened, a condition set under section 42, they may undertake an investigation.
(2)  Where OFCOM decide to undertake an investigation under subsection (1), they shall give the person concerned a notice in writing which—
(a)  indicates the reasons for the investigation being conducted by OFCOM;
(b)  specifies in sufficient detail the condition and alleged contravention in respect of which the investigation is being undertaken; and
(c)  specifies the period during which the person has an opportunity to make representation about the matter.
(3)  Subject to section 95(3), the period specified under subsection (2)(c) must be a period of at least one month beginning with the day on which the notice is given."
 

Clause 91

 

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

106Page 87, line 27, after "Where" insert ", following an investigation under section (Investigation of contravention of condition),"
107Page 87, line 27, leave out "there are reaonable grounds for believing that"
 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

108Page 87, line 29, leave out "give that person a notification" and insert "conduct an investigation"
109Page 87, leave out line 30 and insert "The power conferred by subsection (1) is to be exercised by a notice in writing; and a notice must—"
110Page 87, line 31, leave out "sets out the determination" and insert "indicate the reasons for the investigation being"
111Page 87, line 32, leave out "specifies" and insert "specify"
112Page 87, line 32, leave out from "which" to "; and" in line 33 and insert "the investigation is being made"
113Page 87, line 34, leave out "specifies" and insert "specify"
114Page 87, line 35, leave out from "opportunity" to end and insert "to make representations about the matters notified"
115Page 87, line 36, leave out subsection (3)
116Page 87, line 41, leave out subsections (4) to (11) and insert—
"(   )  OFCOM may by regulations make rules and procedures in connection with the carrying into effect of the provisions of sections 91 to 100.
(   )  Section 396 applies to the power of OFCOM to make regulations under this section."
 

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

117Page 88, line 27, leave out "the most" and insert "a more"
 

After Clause 91

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

118Insert the following new Clause—
  "Determinations following an investigation
(1)  Subsection (2) applies if, as the result of an investigation conducted under section 91, OFCOM propose to make a determination that a condition set under section 42 has been contravened.
(2)  Before making a determination, OFCOM must—
(a)  give written notice to the person likely to be affected by the determination; and
(b)  give the person notified an opportunity of making representations.
(3)  If, as a result of the investigation, OFCOM has made a determination that a person has contravened a condition set under section 42, that person must be given notification of OFCOM's decision within one week.
(4)  The notification shall specify the period during which the person notified has an opportunity of—
(a)  complying with the notified conditions of which he remains in contravention; and
(b)  remedying the consequences of notified contraventions.
(5)  Subject to subsections (6) to (8) and section 95(3), the period for doing those things must be the period of one month beginning with the day after the one on which the notification was given.
(6)  OFCOM may, if they think fit, allow a longer period for doing those things either—
(a)  by specifying a longer period in the notification; or
(b)  by subsequently, on one or more occasions, extending the specified period.
(7)  The person notified shall have a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.
(8)  The person notified shall also have a shorter period if—
(a)  OFCOM have reasonable grounds for believing that the contravention is a repeated contravention;
(b)  they have determined that, in those circumstances, a shorter period would be appropriate; and
(c)  the shorter period has been specified in the notification.
(9)  A notification under this section—
(a)  may be given in respect of more than one contravention; and
(b)  if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
(10)  Where a notification under this section has been given to a person in respect of a contravention of a condition, OFCOM may give a further notification in respect of the same contravention of that condition if, and only if—
(a)  the contravention is one occurring after the time of the giving of the earlier notification;
(b)  the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or
(c)  the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.
(11)  OFCOM must not give a notification under this section in a case in which—
(a)  they decide that the most appropriate way of proceeding in relation to the contravention in question would be under the Competition Act 1998 (c. 41); and
(b)  they publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of the persons who, in their opinion, are likely to be affected by it.
(12)  For the purposes of this section a contravention is a repeated contravention, in relation to a notification with respect to that contravention, if—
(a)  a previous notification under this section has been given in respect of the same contravention or in respect of another contravention of the same condition; and
(b)  the subsequent notification is given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of section 92(2) or 93(2) that the contravention to which the previous notification related did occur."
 

Clause 101

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

119Page 97, line 1, leave out paragraph (a)
 

Clause 103

 

THE VISCOUNT FALKLAND
THE LORD AVEBURY

120Page 98, line 41, at end insert—
"(   )  In this section persons to whom the electronic communications code may be applied shall not be restricted to telecommunications operators."
 

Clause 108

 

THE BARONESS BLACKSTONE

121Page 103, line 7, leave out "making of the payment" and insert "taking of the steps"
 

Clause 111

 

THE BARONESS BLACKSTONE

122Page 106, line 37, leave out "contravening provider or contravening supplier" and insert "operator"
 

Clause 117

 

THE LORD LUCAS

122ZAPage 110, line 15, after "promotion" insert ", provision of information to consumers"
 

THE BARONESS BLACKSTONE

122APage 111, line 13, leave out "or (11)" and insert ", (11) or (11A)"
122BPage 111, line 28, at end insert—
"(11A)  A person falls within this subsection if—
(a)  he is the provider of an electronic communications network used for the provision of the relevant service; and
(b)  the use of that network for the provision of premium rate services, or of services that include or may include premium rate services, is authorised by an agreement subsisting between that person and either an intermediary service provider or a person who is a provider of the relevant service by virtue of subsection (10) or (11)."
122CPage 111, line 39, leave out "and"
122DPage 111, line 41, at end insert "; and
 "intermediary service provider" means a person who—
(a)  provides an electronic communications service used for the provision of the relevant service; and
(b)  is a party to an agreement with a provider of the relevant service falling within subsection (9)(a) to (d) which relates to the use of that electronic communications service for the provision of premium rate services, or of services that include or may include premium rate services."
 

Clause 118

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

123Page 112, line 18, at end insert—
"(   )  that the provisions of the code will not discourage innovation and investment in new forms of content-based communications services;"
 

Clause 131

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

123APage 123, line 24, at end insert—
"(   )  The question whether consent has been unreasonably withheld in any case falling to be determined in accordance with subsection (5) shall be determined by OFCOM.
(   )  Where OFCOM has made such a determination, proceedings for breach of any provision of a lease or other agreement falling within subsection (2), which consists of or includes failure to obtain consent before doing anything to which that provision relates, shall not be instituted or continued in any court."
 

THE BARONESS BLACKSTONE

124Page 124, line 8, at end insert—
"(   )  The consent of the Secretary of State is required for the making by OFCOM of an order under this section."
125Page 124, line 9, at end insert—
"(   )  A statutory instrument containing an order made by OFCOM under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 

After Clause 131

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

125AInsert the following new Clause—
  "Restrictive covenants affecting freehold property
(1)  This section applies where by virtue of a restrictive covenant the owner of any premises is restricted, either absolutely or to any extent—
(a)  in choosing electronic communications services or a supplier of such services, or
(b)  with respect to any other electronic communications matter.
(2)  Where this section applies, the covenant, to the extent that it restricts the owner of premises as mentioned in subsection (1)—
(a)  if it requires (expressly or otherwise) the consent of any person to be obtained before anything to which the restriction relates is done, shall have effect as if it required that consent not to be unreasonably withheld; and
(b)  in any other case, shall have effect as if it required the consent of the person entitled to the benefit of the restrictive covenant to the doing of anything to which the restriction relates not to be unreasonably withheld.
(3)  Subsections (5) to (7) of section 131 shall apply in relation to a restriction falling within subsection (2) of this section as those subsections apply in relation to a prohibition or restriction falling within subsection (1) or (2) of section 131.
(4)  Section 396 applies to the powers of OFCOM to make orders under this section."

 
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©Parliamentary copyright 2003
19 May 2003