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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Second Marshalled List]


 

After Clause 179

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

Insert the following new Clause—
  "Payment arrangements for TV licences under Part 2
  Nothing in this Part shall be interpreted as applying to the payment arrangements for a TV licence fee in lieu of installation of a television receiver, as set out in section 356."
 

Clause 356

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

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

Clause 359

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

Leave 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."
 

After Clause 365

 

THE LORD RAZZALL
THE LORD McNALLY

Insert 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)."
 

Clause 369

 

THE LORD WAKEHAM

Page 324, line 33, leave out from "daily", to "newspaper" in line 34 and insert "or Sunday"
Page 324, line 35, after "a" insert "substantial"
 

Clause 370

 

THE LORD WAKEHAM

 The Lord Wakeham gives notice of his intention to oppose the Question that Clause 370 stand part of the Bill.
 

Clause 371

 

THE LORD WAKEHAM

Page 326, line 6, leave out "a" and insert "the same"
Page 326, line 6, leave out from second "Kingdom" to end of line 8 and insert "as that in which the daily newspapers, if any, to be acquired circulate, were supplied by the person or persons by whom the acquiring enterprise concerned was carried on"
Page 326, line 14, after "nature" insert ", other than supply of newspaper advertising or newspaper advertising revenue."
 

Clause 373

 

THE LORD WAKEHAM

 The Lord Wakeham gives notice of his intention to oppose the Question that Clause 373 stand part of the Bill.
 

Clause 375

 

THE LORD WAKEHAM

 The Lord Wakeham gives notice of his intention to oppose the Question that Clause 375 stand part of the Bill.
 

Clause 377

 

THE LORD WAKEHAM

 The Lord Wakeham gives notice of his intention to oppose the Question that Clause 377 stand part of the Bill.
 

Clause 378

 

THE LORD WAKEHAM

 The Lord Wakeham gives notice of his intention to oppose the Question that Clause 378 stand part of the Bill.
 

Clause 384

 

THE LORD WAKEHAM

Page 333, line 21, leave out paragraph (e)
Page 333, line 33, leave out paragraph (d)

 
 
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©Parliamentary copyright 2003
7 May 2003