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

House of Lords

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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 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)
 

Before Clause 340

 

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

280Insert the following new Clause—
  "Media plurality public interest consideration
(1)  Section 58 of the Enterprise Act 2002 (c. 40) (specified considerations) shall be amended as follows.
(2)  After subsection (2) there shall be inserted—
"(2C)  The public interest in—
(a)  the maintenance of a range of broadcast media owners and voices sufficient to satisfy a variety of tastes and interests;
(b)  the promotion and maintenance of a plurality of broadcast media owners, each of whom demonstrates a commitment to the impartial presentation of news and factual broadcast programming; and
(c)  the promotion and maintenance, in all media including newspapers, of a balanced and accurate presentation of news, the free expression of opinion and a clear differentiation between the two;
  is specified in this section."
(3)  In subsection (3), after the words "any consideration", there shall be inserted "(other than the consideration specified in subsection (2C))"."
281Insert the following new Clause—
  "Adaptation of role of OFT in initial investigations and reports
(1)  Section 44 of the Enterprise Act 2002 (c. 40) (investigation and report by OFT in public interest cases) shall be amended as follows.
(2)  In subsection (3)(b), after the word "concerned", there shall be inserted "(other than the media plurality public interest consideration)".
(3)  After subsection (5) there shall be inserted—
"(5B)  The report may, in particular, contain a summary of any representations about the case which have been received by the OFT and which relate to the media plurality public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45."
(4)  After subsection (7) there shall be inserted—
"(7A)  In this Part "media plurality public interest consideration" means any consideration which, at the time of the giving of the intervention notice concerned, is specified in section 58(2C).
(7B)  In this Part—
 "broadcast media owners" means persons holding broadcasting licences under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 and persons controlling bodies corporate for the purposes of Schedule 2 to the Broadcasting Act 1990;
 "voices" means views and opinions represented to a significant degree in the broadcast media.""
282Insert the following new Clause—
  "Additional investigation and report by OFCOM
  After section 44 of the Enterprise Act 2002 (c. 40) (investigation and report by OFT in public interest cases) there shall be inserted—
"44AAdditional investigation and report by OFCOM: media plurality
(1)  Subsection (2) applies where—
(a)  the Secretary of State has given an intervention notice in relation to a relevant merger situation; and
(b)  the intervention notice mentions the media plurality public interest consideration.
(2)  OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration on the case.
(3)  The report shall contain—
(a)  advice and recommendations which may be relevant to the Secretary of State's decision as to whether to make a reference under section 45; and
(b)  a summary of any representations about the case which have been received by OFCOM.
(4)  OFCOM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this section.""
283Insert the following new Clause—
  "Enforcement powers in relation to media mergers
  In Schedule 8 to the Enterprise Act 2002 (c. 40) (provision that may be contained in certain enforcement orders) after paragraph 20 there shall be inserted—
 

"Media mergers

(1)  This paragraph applies in relation to any order—
(a)  which is to be made following the giving of—
(i)  an intervention notice which mentions the media plurality public interest consideration; or
(ii)  a special intervention notice which mentions a consideration specified in section 58(2C); and
(b)  to which the consideration concerned is still relevant.
(2)  The provisions of paragraph 20A(2) to (5) apply to an order under this paragraph (with the addition of the words "or of a licensed programme service" at the end of paragraph (c) of sub-paragraph (4)).""
284Insert the following new Clause—
  "Interim retention of certain restrictions on non-EEA ownership
(1)  For paragraph 1(2) and (3) of Part 2 of Schedule 2 to the 1990 Act, there shall be substituted—
"(2)  Sub-paragraph (1) shall apply in relation to any Broadcasting Act licence other than a licence to provide a Channel 3 service and a Channel 5 licence as if paragraphs (a) and (b) (and the reference to those paragraphs in paragraph (i)) were omitted."
(2)  OFCOM shall, within a year of the coming into force of this section and from time to time thereafter, carry out a review for the purposes of this section.
(3)  Such a review shall consider whether, in the opinion of OFCOM—
(a)  the provisions of sections 273, 274 and 280 to 284 are operating in such a manner as to provide for a fair and transparent programme supply market with respect to Channels 3 and 5;
(b)  the relevant provisions of Chapter 4 of this Part are operating in such a manner as to provide for effective content regulation of Channel 3 and Channel 5 services;
(c)  the provisions of sections 260 to 267 are operating in such a manner as to provide for a continuing significant contribution by Channel 3 and Channel 5 services towards the achievement of the purposes of public service television broadcasting in the United Kingdom specified in section 260;
(d)  the provisions of sections 344 to 349 provide adequate additional safeguards in case of change of control of Channel 3 services or Channel 5; and
(e)  the powers available to OFCOM under the Competition Act 1998 (c. 41), Part 4 of the Enterprise Act 2002 (c. 40) and sections 309 to 311 of this Act are adequate to promote effective competition in the broadcasting market in the United Kingdom.
(4)  When, as a result of a review carried out in accordance with subsection (2), OFCOM considers that each condition specified in subsection (3) has been met, it shall make a report to that effect to the Secretary of State, giving reasons.
(5)  The Secretary of State shall lay any report made to him under subsection (4) before Parliament.
(6)  When a report has been laid before Parliament in accordance with subsection (5), the Secretary of State may by order repeal paragraph 1(1)(a) and (b) of Part 2 of Schedule 2 to the 1990 Act and make such consequential amendments to that Part of that Schedule and to this Act as he thinks fit.
(7)  No order is to be made containing provision authorised by subsection (6) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Clause 340

 

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

285Page 295, line 7, leave out paragraph (a)
 

THE LORD GORDON OF STRATHBLANE
THE LORD FOWLER

285APage 295, line 8, after "States)" insert "but only to the extent that they are domiciled in countries which have removed any disqualification on British individuals and bodies from holding licences or otherwise operating radio and television services in these countries"
 

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

286Page 295, line 9, leave out paragraph (b)
 

THE BARONESS BUSCOMBE
THE BARONESS HOWE OF IDLICOTE
THE LORD BRENNAN
THE LORD BISHOP OF CHELMSFORD

287Page 295, line 9, at end insert—
"(   )  paragraph 2 (disqualification for religious bodies);"
288Page 295, line 10, leave out subsections (2) and (3)
289Page 296, line 27, leave out subsections (5) to (7)
 

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

290Page 296, line 32, leave out subsection (6) and insert—
"(6)  No order is to be made under subsection (5) other than one that is confined to giving effect to recommendations made by OFCOM in a report of a review under section 384."

 
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2 June 2003