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Amendments to the Communications Bill

Communications Bill


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


 

Before Clause 350

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Insert the following new Clause—
  "Meaning of "control"
(1)  Paragraph (1) of Part I of Schedule 2 to the 1990 Act shall have effect subject to the following amendments.
(2)  For sub-paragraph (3) and (3A) there shall be substituted—
        "(3)   For the purposes of this Schedule a person has control of a body corporate if that person is able, or it is reasonable to expect that person to be able, directly or indirectly to ensure that the affairs of a body are conducted in accordance with that person's wishes.
    (3A)      In determining whether a person controls a body corporate all relevant circumstances shall be taken into account including the level of participation in the body corporate of that person and the level of participation of other participants in the body.
    (3B)      Without prejudice to the generality of sub-paragraph (3)—
    (a)  a person has control of a body corporate if that person is beneficially entitled to more than 50 per cent of the equity share capital in the body or possesses more than 50 per cent of the voting power in it, and
    (b)  a person has control of a body corporate if that person is beneficially entitled to 50 per cent of the equity share capital in the body or possesses 50 per cent of the voting power in it, and is party to an arrangement with another participant in the body corporate under which they agree to exercise their voting power or any of it in a particular way either generally or in relation to any particular issue or not to exercise their voting power or any of it in relation to any particular issue."
(3)  After paragraph 3 there shall be inserted—
     "3A   (1)   In this paragraph "guidance on control" means guidance on the matters which OFCOM consider should be taken into account in determining whether any person controls a body corporate within the meaning of paragraph 1(3) to (3A) above.
    (2)      In determining the question whether a person has control of a body corporate account shall be taken of any published guidance on control.
    (3)      OFCOM shall prepare guidance on control and shall publish a draft of the guidance in such manner as they consider appropriate for bringing it to the attention of persons who in OFCOM's opinion are likely to be affected by such guidance.
    (4)      OFCOM shall also publish, together with the draft, a notice that any person may make representations to OFCOM on the draft within such period as may be specified in the notice, not being less than one month from the date of publication.
    (5)      OFCOM shall take account of the representations made within the specified time in preparing the guidance on control and shall publish the guidance, not later than 3 months from the last day on which representations may be made under sub-paragraph (4), in such manner as they consider appropriate for bringing it to the attention of persons who in OFCOM's opinion are likely to be affected by such guidance.
    (6)      OFCOM shall keep the guidance on control under review and may publish revised guidance from time to time; and sub-paragraphs (3) to (5) above shall apply to any such revised guidance as they apply to the original guidance with any necessary modifications."
 

Clause 350

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

 The above-named Lords give notice of their intention to oppose the Question that Clause 350 stand part of the Bill.

 
 
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30 May 2003