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

House of Lords

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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

 

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
 

Ban on newspaper proprietors holding a Channel 5 licence

 6A   (1)   A person is not to hold a Channel 5 licence if—
(a)  he runs a national newspaper which for the time being has a national market share of 20 per cent or more; or
(b)  he runs national newspapers which for the time being together have a national market share of 20 per cent or more.
(2)      For the purposes of this paragraph, each of the following shall be treated as holding a Channel 5 licence—
(a)  the actual licence holder; and
(b)  every person connected with the actual licence holder.
(3)      The provisions of paragraphs 2 to 4 of this Schedule shall apply for the purposes of this Part of this Schedule insofar as they relate to national newspapers as if a Channel 5 licence were a licence to provide a Channel 3 service."
 

Clause 343

 

THE VISCOUNT ASTOR

293Page 298, line 20, leave out subsections (1) and (2) and insert—
"(   )  Subsection (9) of section 32 of the 1990 Act (limits on participation in nominated news providers) shall cease to have effect."
 

THE BARONESS BUSCOMBE
THE LORD McNALLY
THE LORD GORDON OF STRATHBLANE
THE LORD FOWLER

 The above-named Lords give notice of their intention to oppose the Question that Clause 343 stand part of the Bill.
 

Clause 344

 

THE BARONESS BLACKSTONE

294Page 301, line 13, leave out from beginning to "in" in line 14 and insert—
"(ii)  is involved, to a substantial extent, in the provision of the programmes included"
295Page 301, line 15, leave out "to be likely to be" and insert "is likely to become"
 

Clause 346

 

THE BARONESS BLACKSTONE

296Page 303, line 34, leave out from beginning to "in" in line 35 and insert—
"(ii)  is involved, to a substantial extent, in the provision of the programmes included"
297Page 303, line 36, leave out "to be likely to be" and insert "is likely to become"
 

Clause 348

 

THE BARONESS BLACKSTONE

298Page 305, line 20, leave out from beginning to "in" in line 21 and insert—
"(ii)  is involved, to a substantial extent, in the provision of the programmes included"
299Page 305, line 22, leave out "to be likely to be" and insert "is likely to become"
 

Clause 350

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

300Page 306, line 34, leave out paragraphs (a) and (b) and insert "for the words "to achieve the result that the affairs of the body are conducted in accordance with his wishes" there shall be substituted "to control or materially to influence the policy of the body""
 

Clause 351

 

THE BARONESS WHITAKER

301Page 308, line 18, at end insert—
"(l)  the extent to which news and current affairs programmes included during the period are serving all groups within the community and such international and national coverage is relevant to their interests."
 

Clause 352

 

THE LORD McNALLY
THE BARONESS WALMSLEY

302Leave out Clause 352 and insert the following new Clause—
  "Grants to community media
(1)  OFCOM shall make such payments as they consider appropriate to the credit of a fund established under this section, to be known as the Community Media Fund ("the Fund").
(2)  The Fund shall be under the management of a body established for the purposes of this section, which shall be called the Community Media Foundation ("the Foundation").
(3)  The Foundation shall consist of—
(a)  a chairman appointed by OFCOM, and
(b)  such number of other members appointed by OFCOM, not being less than four nor more than eight, as they may from time to time determine.
(4)  The Fund may be applied by the Foundation in the making of grants for—
(a)  the establishment and development of community media,
(b)  the making of programmes to be carried by community media,
(c)  the training of persons connected with community media;
(d)  the provision of support services to community media, and
(e)  other related purposes.
(5)  When making any grant out of the Fund in pursuance of subsection (4), the Foundation may impose such conditions as they think fit, including conditions requiring the grant to be repaid in certain circumstances.
(6)  The Foundation shall perform their functions under this section with respect to the making of grants out of the Fund in such manner as they consider will secure a range and diversity of community media throughout the United Kingdom, taking account of the greater need of areas and localities which are economically disadvantaged.
(7)  OFCOM shall so exercise their power under subsection (3) to appoint the members of the Foundation as to secure that a majority of the members are persons who appear to them to represent a broad range of knowledge and experience of community media.
(8)  In this section—
 "community media" means communications services provided primarily for the benefit of members of the public in a defined geographical locality or in a particular community and not operated by the BBC or for commercial purposes.
(9)  In subsection (8)—
 "communications services" includes—
(a)  radio and television broadcasting;
(b)  electronic communications networks and services; and
(c)  content services carried by services falling within paragraph (a) or (b)."
 

Schedule 15

 

THE BARONESS BLACKSTONE

303Page 440, line 19, leave out "In"
304Page 440, line 20, after "licence)" insert "shall be amended as follows.
(2)"      
305Page 440, line 21, at end insert—
"(3)      In subsection (2), in the definition of "associated programme provider", for the words from "appears" to "inclusion" there shall be substituted "is or is likely to be involved, to a substantial extent, in the provision of the programmes included"."
306Page 450, line 12, after "interpretation)" insert—
"(a)  in the definition of "associated programme provider", for the words from "appears" to "inclusion" there shall be substituted "is or is likely to be involved, to a substantial extent, in the provision of the programmes included"; and
(b)  in the words after the definition of "the relevant period","
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

307Page 455, line 27, at end insert—
"(   )      Section 176 of the 1990 Act (duty to provide advance information about programmes) shall be amended as follows.
(   )      In subsection (3)(b) for "the Secretary of State by order" there shall be substituted "OFCOM, following consultation with publishers and persons providing programming services".
(   )      For subsection (4) there shall be substituted—
    "(4)      OFCOM shall produce a Code of Practice in the provision of advance information about programmes to publishers, to ensure the interests of consumers continue to be protected.""
 

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

308Page 458, line 11, leave out sub-paragraph (4)
 

Clause 355

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

309Page 314, line 16, leave out from "person" to end of line 19 and insert "who is in a position to determine which programmes (with or without relevant ancillary services) are to be included in the service (whether or not he has control over the broadcasting or distribution of the service).
(   )  Subsection (2) should also apply to the person, and the only person, who is in a position to determine which programme service or services are listed or promoted in an electronic programme guide."
 

Clause 356

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

309APage 315, line 7, leave out "guilty of an offence" and insert "liable for payment of a TV licence fee under this Part"
309BPage 315, line 13, leave out "guilty of an offence" and insert "liable for payment of a TV licence fee under this Part"
309CPage 315, line 14, leave out subsection (4)
 

Clause 359

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

309DLeave out Clause 359 and insert the following new Clause—
  "Powers to enforce TV licensing (No. 2)
(1)  If a county court in England, or a sheriff court in Scotland, is satisfied by information on oath that there are reasonable grounds for believing—
(a)  that liability has been incurred under section 356;
(b)  that payment has not been made;
  the court may apply whatever remedy it considers appropriate within its jurisdiction for the enforcement of a civil debt, subject to regulations under subsection (2).
(2)  The Secretary of State may make regulations under this section to include provision that—
(a)  the liable person is to make payments on account of the chargeable amount for the licence fee, which may include payment during the course of the financial year concerned;
(b)  payments on account may be made in accordance with an agreement between the liable person and the relevant authority or under a prescribed scheme payment by instalments;
(c)  in cases of hardship the liable person shall be discharged from the aforementioned liability.
(3)  Offences under section 1 of the Wireless Telegraphy Act 1949 (c. 54) (licensing of wireless telegraphy) shall no longer apply to liability for payment of a TV licence fee on installation of a television receiver, pursuant to section 356 of this Act."
 

Clause 362

 

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

310Page 319, line 38, at end insert "including the activities of the BBC"
 

After Clause 365

 

THE LORD RAZZALL
THE LORD McNALLY

310AInsert the following new Clause—
  "Duty to establish and maintain a competition panel
(1)  It shall be the duty of OFCOM, in accordance with the following provisions of this section, to exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002 (c. 11) (committees of OFCOM) to establish and maintain a committee to be known as "the competition panel".
(2)  The competition panel shall have such functions as OFCOM, in exercise of their powers under the Schedule to the Office of Communications Act 2002, may confer on the panel.
(3)  The functions conferred on the competition panel must include, to such extent and subject to such restrictions and approvals as OFCOM may determine—
(a)  to advise OFCOM on the exercise of its functions under section 364; and
(b)  to give an opinion to OFCOM on guidelines and decisions which OFCOM propose to adopt in the exercise of OFCOM's functions under section 364, including as to whether OFCOM or the Office of Fair Trading should investigate.
(4)  The competiton panel shall as soon as practicable after the end of each calendar year make to the chair of OFCOM a report on its activities during that year which shall be published by OFCOM.
(5)  The competition panel shall consist of—
(a)  a chairman appointed by OFCOM; and
(b)  such number of other members appointed by OFCOM as OFCOM think fit.
(6)  The chairman of the competition panel must be a non-executive member of OFCOM but is not to be the chairman of OFCOM.
(7)  In appointing a person for the purposes of subsection (2)(b), OFCOM must have regard to their expertise in the area of competition law or economics (or both).
(8)  The competition panel must include at least one member who is a member of the Board of the Office of Fair Trading.
(9)  Before appointing a person to be the chairman or another member of the competition panel, OFCOM must satisfy themselves that he will not have any financial or other interests which would be likely prejudicially to affect the carrying out by him of any of his functions as chairman or member of the competition panel.
(10)  A person is not be taken to have such an interest by reason only that he is, or will be, a member or employee of OFCOM.
(11)  Every person whom OFCOM propose to appoint to be the chairman or another member of the competition panel, shall, whenever requested to do so by OFCOM, furnish OFCOM with any information they consider necessary for the performance of their duty under subsection (9)."

 
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22 May 2003