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

House of Lords

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Clause 274

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

199APage 247, line 6, at end insert—
"(   )  In determining appropriate proportions for the purposes of subsections (1) and (2), OFCOM shall have regard to the number of viewers of the public service channel in question."
 

After Clause 274

 

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

200Insert the following new Clause—
  "Reviews of certain production and programme-making requirements
(1)  It shall be the duty of OFCOM from time to time to carry out general reviews of the arrangements for the time being in place under sections 273, 274, 281 and 283 and paragraphs 1, 7 and 8 of Schedule 12.
(2)  The first such review must be carried out no later than two years after the coming into force of section 273.
(3)  Every subsequent review must be carried out no more than three years after the previous one.
(4)  Every review under this section shall consider—
(a)  the revenue of each licensed public service channel; and
(b)  the audience share of each public service channel.
(5)  If, on a review under this section, OFCOM are satisfied that modifications are required of the arrangements for the time being in place under sections 273, 274, 281 and 283 and paragraphs 1, 7 and 8 of Schedule 12, they may—
(a)  require the relevant licensee or the BBC or S4C to give effect to the modifications proposed by OFCOM; or
(b)  in the case of arrangements imposed by OFCOM, make those modifications themselves."
201[Re-tabled as amendment 199A]
 

Clause 276

 

THE BARONESS BUSCOMBE
THE LORD McNALLY
THE LORD GORDON OF STRATHBLANE

202Page 249, line 11, leave out paragraphs (a) and (b)
203Page 250, line 3, at end insert—
"(   )  In this section "appointed new provider" means the body corporate appointed for the purposes of subsection (2) as the appointed provider."
 

Clause 277

 

THE BARONESS BUSCOMBE
THE LORD McNALLY
THE LORD GORDON OF STRATHBLANE

204Page 250, line 6, leave out "repeal" and insert "modify"
205Page 250, line 6, leave out "and section 32 of the 1990 Act"
 

After Clause 277

 

THE BARONESS BUSCOMBE
THE LORD McNALLY
THE LORD GORDON OF STRATHBLANE

206Insert the following new Clause—
  "Repeal of existing nominated news provider regime
  Section 32 of the 1990 Act shall cease to have effect."
 

Clause 281

 

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

207Page 253, line 1, leave out "suitable" and insert "substantial"
 

THE VISCOUNT FALKLAND
THE LORD McNALLY

208Page 253, line 3, at beginning insert "the nations and regions of"
209Page 253, line 3, leave out "outside the M25 area"
210Page 253, line 4, after "in" insert "the nations and regions of"
211Page 253, line 5, leave out "outside the M25 area"
 

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

212Page 253, line 7, leave out "suitable" and insert "substantial"
 

THE VISCOUNT FALKLAND
THE LORD McNALLY

213Page 253, line 9, after "in" insert "the nations and regions of"
214Page 253, line 10, leave out "outside the M25 area"
215Page 253, line 13, at end insert—
"(   )  In determining suitable proportions for the purpose of subsection (1), OFCOM shall have regard to the number of viewers of Channel 3."
 

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

216Page 253, line 20, leave out "suitable" and insert "substantial"
 

THE VISCOUNT FALKLAND
THE LORD McNALLY

217Page 253, line 22, after "in" insert "the nations and regions of"
218Page 253, line 22, leave out "outside the M25 area"
219Page 253, line 23, after "in" insert "the nations and regions of"
220Page 253, line 24, leave out "outside the M25 area"
 

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

221Page 253, line 26, leave out "suitable" and insert "substantial"
 

THE VISCOUNT FALKLAND
THE LORD McNALLY

222Page 253, line 27, after "in" insert "the nations and regions of"
223Page 253, line 29, leave out "outside the M25 area"
224Page 253, line 33, at end insert—
"(   )  In determining suitable proportions for the purpose of subsection (1), OFCOM shall have regard to the number of viewers of Channel 5."
 

Clause 282

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

225Page 254, line 10, leave out "sufficient" and insert "substantial"
226Page 254, line 16, leave out "suitable" and insert "substantial and significant"
227Page 254, line 22, leave out "suitable" and insert "substantial and significant"
228Page 254, line 30, leave out "sufficient" and insert "substantial"
229Page 254, line 39, leave out "suitable" and insert "substantial and significant"
230Page 254, line 45, leave out "suitable" and insert "substantial and significant"
231Page 255, line 11, leave out "sufficient" and insert "substantial"
232Page 255, line 17, leave out "suitable" and insert "substantial and significant"
233Page 255, line 24, leave out "suitable" and insert "substantial and significant"
 

Clause 283

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

234Page 256, line 26, at end insert—
"(   )  In determining suitable proportions for the purpose of subsection (1), OFCOM shall have regard to the number of viewers of Channel 4."
 

After Clause 294

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

235Insert the following new Clause—
  "Exclusion of licensed betting offices from free public showing or playing of broadcast or cable programme
(1)  Section 72 of the Copyright, Designs and Patents Act 1988 (c. 48) (free public showing or playing of broadcast or cable programme) is amended as follows.
(2)  In subsection (2), after paragraph (b) there is inserted—
"(c)  if that place is a licensed betting office."
(3)  After subsection (4), there is inserted—
    "(5)  In this section, "licensed betting office" means premises in respect of which a betting office licence, within the meaning of section 9 of the Betting, Gaming and Lotteries Act 1963 (c. 2) (betting office licences and betting agency permits), is for the time being in force.""
 

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."
 

THE LORD AVEBURY
THE BARONESS HOWE OF IDLICOTE

250APage 269, line 11, at end insert—
"(2A)  The practices required by the code must include, where there is more than one version of a public service channel available on an electronic programme guide—
(a)  compliance with a request from the provider of a public service channel to substitute either—
(i)  the appropriate version of that public service channel as designated by the provider of the channel; or
(ii)  the version of that channel selected by the viewer for substitution;
  for the most prominent listing of that public service channel in the relevant electronic programme guide;
(b)  ensuring that, where the provider of the public service channel consents, the consumer can perform the type of selection described in paragraph (a)(ii).
(2B)  In assessing the degree of prominence for the purpose of subsection (2), OFCOM must ensure that—
(a)  such prominence amounts to a degree that is greater than it would have been without the giving of such guidance; and
(b)  the degree of prominence at least matches the degree of prominence in existence at the date of the commencement of the Office of Communications Act 2002 (c. 11).
(2C)  For the purposes of this section there is more than one version of a public service channel available if, in the service of television programmes provided, there are different programmes being broadcast or distributed at the same time for audiences in different areas, regions or nations of the United Kingdom in the same service.
(2D)  OFCOM shall perform its duty to draw up a code under subsection (1) within six months at the latest of the commencement of this section."
250BPage 269, line 14, after "television" insert "or radio"
250CPage 269, line 19, leave out paragraph (e) and insert—
"(e)  any service of television programmes provided by the Welsh Authority in digital form;"
250DPage 269, line 29, after first "service" insert ", a digital sound broadcasting service,"

 
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22 May 2003