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

House of Lords

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Clause 307

 

THE BARONESS TURNER OF CAMDEN
THE LORD LEA OF CRONDALL
THE BARONESS GIBSON OF MARKET RASEN
THE LORD McNALLY

252CPage 271, line 5, after "material" insert ", and such as that involving local talent,"
 

THE VISCOUNT FALKLAND
THE LORD McNALLY
THE BARONESS WARNOCK

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"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD EATWELL

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

Clause 309

 

THE LORD RAZZALL
THE LORD McNALLY

255ZAPage 273, line 4, leave out from "for" to end of line 5 and insert—
"(a)  ensuring fair and effective competition in the provision of licensed services or of connected services, and
(b)  protecting the interests of consumers of those services."
255ZBPage 273, line 9, at end insert ", or
(c)  carry on conduct,"
255ZCPage 273, line 12, at end insert "; or consider, or would consider, may cause adverse consequences for consumers of those services"
 

Clause 310

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

255APage 273, line 34, at end insert "; and
(e)  every power of theirs to issue a code of practice or guidance to holders of such a licence"
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."
258ZAPage 273, line 44, after "powers" insert "either"
258ZBPage 273, line 44, after "purpose" insert "or in the fulfillment of their general duties under section 3"
 

THE LORD RAZZALL
THE LORD McNALLY

258ZBAPage 274, line 14, leave out "the holder of a Broadcasting Act licence" and insert "a provider of any licensed service or connected services"
258ZBBPage 274, line 16, at end insert ", or
(c)  carry on conduct,"
258ZBCPage 274, line 19, at end insert "; or consider, or would consider, may cause adverse consequences for consumers of those services"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

258ZCPage 274, line 21, leave out "285 to 289" and insert "259 to 308, 312 to 339"
258ZCAPage 274, line 27, at end insert—
  "save where, under sections 259 to 308 or sections 312 to 339, any such power is in fact exercised for a competition purpose."
 

THE LORD RAZZALL
THE LORD McNALLY

258ZCBPage 274, line 27, at end insert—
"(8A)  For the purposes of exercising the Broadcasting Act powers for a competition purpose within the meaning of this section, OFCOM shall monitor the carrying on of commercial activities in the United Kingdom which relate to the provision of licensed services or connected services."
258ZCCPage 274, line 28, leave out "subsection (7)" and insert "subsections (7) and (8A)"
 

After Clause 310

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

258ZDInsert the following new Clause—
  "Tests for setting or modifying conditions or directions
(1)  When exercising any of their Broadcasting Act powers, OFCOM must not—
(a)  set a condition or issue a direction; or
(b)  modify such a condition or direction,
  unless they are satisfied that the condition or direction or (as the case may be) the modification satisfies the test in subsection (2).
(2)  That test is that the condition, direction or modification is—
(a)  objectively justifiable in relation to the services to which it relates;
(b)  not such as to discriminate unduly against particular persons or against a particular description of persons;
(c)  proportionate to what it is intended to achieve; and
(d)  in relation to what it is intended to achieve, transparent."
 

Clause 311

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

258ZEPage 274, line 35, leave out from first "of" to end of line 36 and insert "the following"
258ZFPage 274, line 42, at end insert—
"(d)  every condition imposed by them under or for the purposes of a broadcasting provision"
258ZGPage 275, line 3, leave out subsection (4)
 

THE LORD RAZZALL
THE LORD McNALLY

258ZGAPage 275, line 4, leave out "the holder of a Broadcasting Act licence" and insert "a provider of any licensed service or connected services"
258ZGBPage 275, line 7, at end insert ", or
(c)  carry on conduct"
258ZGCPage 275, line 10, at end insert "; or consider, or would consider, may cause adverse consequences for consumers of those services"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

258ZHPage 275, leave out lines 14 and 15
 

Clause 312

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

258APage 275, line 27, leave out "and" and insert—
  "(ca)"
 

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 314

 

THE BARONESS BLACKSTONE

260APage 278, line 44, leave out from beginning to "the" in line 46 and insert—
"(7)  Provision included by virtue of this section in standards set under section 312 is not to apply to, or to be construed as prohibiting"
260BPage 279, line 1, leave out from "political" to "paragraph" in line 5 and insert "or referendum campaign broadcast the inclusion of which is required by a condition imposed under section 326 or by"
 

Clause 317

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

261Page 280, line 14, leave out "After publishing the" 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)"
266A*Page 288, line 15, at end insert—
"(1A)  OFCOM may exclude any specified ancillary service from any condition imposed in pursuance of subsection (1)(a) if, in the opinion of OFCOM, it is not necessary to retain a recording of that service."
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

270APage 290, line 8, at end insert "; and
(c)  between persons of different age groups."
270AA[Withdrawn]
 

THE LORD CARTER
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

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."

 
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2 June 2003