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

House of Lords

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Clause 306

 

THE LORD EATWELL
THE LORD GORDON OF STRATHBLANE
THE BARONESS BUSCOMBE
THE LORD DUBS

250EPage 270, line 5, leave out "the words from "except" onwards shall be omitted" and insert "for the words from "except" onwards there is substituted "and, in the case of a local licence, that an appropriate amount of local material is broadcast, of which an appropriate amount is locally made""
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD McNALLY
THE BARONESS WARNOCK

251Page 270, line 13, at end insert "and music"
252Page 270, line 16, at end insert "taking into account the way in which the existing range of programmes and music (taken as a whole) is calculated to appeal to a variety of tastes and interests"
 

THE LORD EATWELL
THE LORD DUBS
THE LORD GORDON OF STRATHBLANE

252APage 270, line 19, after "locality" insert "and to the broadcasting of local material, of which an appropriate amount is locally made"
252BPage 270, line 43, at end insert—
    "(8)  In this section—
     "locally made", in relation to programmes included in a local sound broadcasting service, means made wholly or partly at premises in the area or locality for which that service is provided;
     "local material" means material (including news, information or entertainment but excluding advertising) which is of particular interest to—
    (a)  persons living or working in the area or locality for which the service is provided;
    (b)  persons living or working within a part of that area or locality; or
    (c)  particular communities living or working within that area or locality;
      and references in this section to persons living or working in an area of locality include references to persons undergoing education or training in that area or locality.""
 

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 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"
258ZCPage 274, line 21, leave out "285 to 289" and insert "259 to 308, 312 to 339"
 

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)
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)"
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."
 

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—

 
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22 May 2003