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Amendments to the Communications Bill

Communications Bill


SEVENTH
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 340 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 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."
 

Clause 341

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

290APage 297, line 4, at end insert—
"(c)  in sub-paragraph (1)(h) at beginning insert "subject to sub-paragraph (4)"
(d)  after sub-paragraph (3) there shall be inserted—
    "(4)  Sub-paragraph (1)(h) does not apply to a person in relation to a licence if—
    (a)  OFCOM have made a determination under this paragraph in the case of that person;
    (b)  that determination is one made as respects licences of description applicable to that licence; and
    (c)  the determination remains in force.
    (4A)  OFCOM are to make a determination under this paragraph in a person's case and as respects a particular description of licence if, and only if, they are satisfied that it is appropriate notwithstanding sub-paragraph (1)(h) for that person to hold a licence of that description.
    (4B)  OFCOM are not to make a determination under this paragraph except on an application made to them for the purpose.
    (4C)  A determination under this paragraph may be made as respects only one or more of the following descriptions of licence—
    (a)  a licence to provide a restricted service (within the meaning of Part 1 of this Act);
    (b)  a digital programme licence (within the meaning given by section 18 (licensing of digital programme services) of the 1996 Act for the purposes of Part 1 of that Act);
    (c)  a digital additional services licence (within the meaning given by section 25 (licensing of digital additional services) of the 1996 Act for the purposes of Part 1 of that Act);
    (d)  a licence to provide a television licensable content service (within the meaning of Part 3 of the Communications Act 2003);
    (e)  a licence under Part 3 of this Act which is not a national licence;
    (f)  a national digital sound programme licence (within the meaning given by section 60 (licensing of digital sound programme services) of the 1996 Act for the purposes of Part 2 of that Act);
    (g)  a local digital sound programme licence (within the meaning given by that section for those purposes);
    (h)  a digital additional services licence (within the meaning given by section 64 (licensing of digital additional services) of the 1996 Act for the purposes of Part 2 of that Act).
    (4D)  OFCOM must publish guidance for persons making applications to them under this paragraph as to the principles that they will apply when determining for the purposes of sub-paragraph (4A) what is appropriate.
    (4F)  OFCOM must have regard to guidance for the time being in force under sub-paragraph (4D) when making determinations under this paragraph.
    (4G)  OFCOM may revise any guidance under sub-paragraph (4D), by publishing their revisions of it.
    (4H)  The publication of guidance under sub-paragraph (4D), or of any revisions of it, is to be in whatever manner OFCOM consider appropriate.""
 

Clause 342

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

290BPage 298, line 2, leave out "Channel 3 services and"
290CPage 298, line 3, leave out "Parts 3 and" and insert "Part"
 

Schedule 14

290CA[Re-tabled as amendment 292A]
290CB[Re-tabled as amendment 292B]
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

290DPage 428, line 10, leave out paragraphs 1 to 6
 

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

291Page 430, line 23, at end insert—
 "6A      No order is to be made under paragraph 6 other than one that is confined to giving effect to recommendations made by OFCOM in a report of a review under section 384."
292Page 430, line 23, at end insert —
 "PART 1ACHANNEL 5 LICENCES

 
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4 June 2003