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

House of Lords

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Clause 205

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE BARONESS MICHIE OF GALLANACH

Page 182, line 42, at end insert "the retail prices index" shall have the same meaning as in section 19(10) of the Broadcasting Act 1990 (c. 42) (additional payments to be made in respect of Channel 3 licences)"
 

After Clause 206

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Insert the following new Clause—
  "Provision of programmes in Gaelic
  After section 183A of the 1990 Act there shall be inserted—
    "183BProvision of programmes to the Gaelic Media Service
    (1)  The Secretary of State may by order require each of the persons mentioned in subsection (2) ("the suppliers") to provide the Service with programmes in Gaelic amounting to such a minimum number of transmission hours as may be specified in the order in relation to each of the suppliers but so that the number of transmission hours to be provided by each of the suppliers under any such order shall not be less than thirty hours in each year.
    (2)  The suppliers are—
    (a)  the BBC;
    (b)  the Channel Four Television Corporation;
    (c)  any holder of a Channel 3 licence to provide a regional Channel 3 service (within the meaning of Part 1 of this Act) for reception wholly in Scotland; and
    (d)  such other persons providing television broadcasting services as may be specified by order by the Secretary of State.
    (3)  The Service may broadcast or otherwise transmit any programme provided by virtue of subsection (1) on one occasion only.
    (4)  The Service shall consult with the suppliers about the schedules proposed for the broadcast or other transmission by the Service of programmes provided by virtue of subsection (1).
    (5)  Programmes provided by the suppliers by virtue of subsection (1)—
    (a)  shall not include any that have been made wholly or partly from grants made by the Service out of the Fund or from monies out of the Fund otherwise applied by the Service;
    (b)  shall be provided free of charge and in a manner which does not involve the Service in incurring any charge to the suppliers or to any third parties in connection with the broadcasting or other transmission of the programmes by the Service.
    (6)  In this section—
     "the Fund" means the Gaelic Broadcasting Fund maintained under section 183;
     "Gaelic" has the same meaning as in section 183;
     "the Service" has the same meaning as in section 183"."
 

Clause 260

 

THE BARONESS HOWE OF IDLICOTE

Page 231, line 35, at end insert "of which a significant proportion should be intended for audiences in the United Kingdom"
 

Clause 72

 

THE LORD GORDON OF STRATHBLANE

Page 72, line 36, at end insert—
"(   )  It shall be the duty of OFCOM to draw up and to issue guidance as to the manner in which access-related conditions set in accordance with subsection (2)(b) (and in particular the first indent to sub-paragraph (b) of Part I to Annex I to the Access Directive) may be satisfied in relation to each protected programme service.
(   )  Such guidance must be issued by OFCOM within twelve months from the commencement of this section.
(   )  Before publishing or revising the guidance, OFCOM must consult with every person providing a protected programme service and any other person as they think fit.
(   )  It shall be the duty of OFCOM to carry out regular reviews of the operation of the access related conditions set in accordance with subsection (2)(b) and the guidance in respect of them and to prepare and publish a report on every review in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to be affected by it.
(   )  Every report published by OFCOM under this section must set out OFCOM's findings in carrying out the review, any recommendations made by them and any changes to the guidance as OFCOM consider appropriate.
 

Clause 269

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 241, line 26, leave out "to be broadcast"
Page 241, line 26, leave out "that is" and insert "over which broadcasts are"
Page 241, line 33, leave out "broadcast so as to be"
 

Clause 306

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 270, line 23, at end insert—
"(1B)  Before consenting to any departure from the character of the licensed service, OFCOM must publish a notification—
(a)  stating that they are proposing to consent to a departure specified in the notification;
(b)  setting out the effect of the departure;
(c)  giving their reasons for consenting to the departure; and
(d)  specifying the period within which representations may be made to OFCOM about their proposal.
(1C)  The period specified in paragraph (d) of subsection (1B) must end no less than one month after the day of the publication of the notification.
(1D)  OFCOM may give effect, with or without modifications, to a departure with respect to which they have published a notification under subsection (1B) only if—
(a)  they have considered every representation about the proposal that is made to them within the period specified in the notification; and
(b)  they have had regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.
(1E)  The publication of a notification under this section must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the notification to the attention of the persons who, in OFCOM's opinion, are likely to be affected by the departure."
 

Clause 310

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 273, line 32, leave out "and"
Page 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."
Page 273, line 35, leave out subsection (2) and insert—
"(2)  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)."
Page 273, line 39, leave out subsection (3)
Page 273, line 44, after "powers" insert—
"(a)  "
Page 273, line 44, after "purpose" insert ", or
(b)  in the fulfilment of their general duties under section 3"
Page 274, line 21, leave out "285 to 289" and insert "259 to 308 or 312 to 339"
Page 274, line 27, at end insert "save where, under sections 259 to 308 or sections 312 to 339, any such power is in fact exercised for a competition purpose."
 

After Clause 310

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Insert 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

Page 274, line 35, leave out from first "of" to end of line 36 and insert "the following"
Page 274, line 42, after "provision" insert "; and
(d)  every condition imposed by them under or for the purposes of a broadcasting provision"
Page 275, line 3, leave out subsection (4)
Page 275, leave out lines 14 and 15
 

Clause 312

 

THE LORD GORDON OF STRATHBLANE

Page 275, line 37, leave out "unsuitable" and insert "misleading, harmful or offensive"
 

Clause 340

 

THE LORD GORDON OF STRATHBLANE

Page 295, line 8, after "States)" insert "but only to the extent that they are domiciled in countries which impose no disqualification on British individuals and bodies corporate from holding licences or otherwise operating radio and television services in these countries"
 

Clause 343

 

THE VISCOUNT ASTOR

Page 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."
 

Clause 348

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 305, line 6, after "programmes" insert "(and in particular diversity of elements within such programmes)"
Page 305, line 13, at end insert "and,
(c)  specifying the period within which representations may be made to OFCOM about the review."
Page 305, line 13, at end insert—
"(   )  The period specified in subsection (5)(c) must end no less than one month after the day of the publication of the review.
(   )  OFCOM may take any steps that they have proposed to take under section 349 in any review, with or without modifications, only if—
(a)  they have considered every representation about the proposed steps that is made to them within the period specified in the review; and
(b)  they have had regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.
(   )  The publication of a review under this section must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the review to the attention of the persons who, in OFCOM's opinion, are likely to be affected by the departure."
 

Clause 350

 

THE LORD GORDON OF STRATHBLANE

Page 306, line 40, leave out "20" and insert "30"
Page 306, line 41, leave out "20" and insert "30"
 

Schedule 15

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE BARONESS MICHIE OF GALLANACH

Page 456, line 21, at end insert—
"(2A)      After subsection (1) there shall be inserted—
    "(1A)      The amount which the Secretary of State shall pay for each subsequent financial year under subsection (1)(b), shall not be less than the amount paid in the financial year immediately preceding that year as increased by the appropriate percentage.""
Page 456, line 24, at end insert—
"(3A)      After subsection (9) there shall be inserted—
    "(   )      For the purposes of subsection (1A), in calculating the minimum amount to be paid by the Secretary of State under subsection (1)(b) for any subsequent financial year, the appropriate percentage shall be taken as the percentage which corresponds to the percentage increase between—
    (a)  the retail prices index for the month of November in the year before the year immediately preceding the subsequent financial year in question, and
    (b)  the retail prices index for the month of November in the year immediately preceding the subsequent financial year in question.""
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

Page 468, line 27, at end insert—
"(   )      After subsection (8) there is inserted—
    "(8A)      Programmes provided by the suppliers by virtue of subsection (3) shall not include any that have been made wholly or partly from grants made by the Service out of the Fund or from monies out of the Fund otherwise applied by the Service.""
Page 468, line 29, at end insert—
 ""the Fund" means the Gaelic Broadcasting Fund maintained under section 183 of the 1990 Act (gaelic television programmes)."
Page 468, line 33, at end insert—
 ""the Service" means Seirbheis nam Meadhanan GaČidhlig;"

 
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©Parliamentary copyright 2003
19 June 2003