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

House of Lords

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Clause 301

 

THE LORD ADDINGTON

157*Page 267, line 40, at end insert "but he may not substitute a lower percentage"
158*Page 268, line 3, leave out "consult OFCOM" and insert "conduct a review"
159*Page 268, line 3, at end insert—
"(3A)  Unless he has already begun or completed a review under subsection (2), the Secretary of State shall begin to conduct a review immediately after the first anniversary and thereafter if no order is subsequently made under subsection (1) to substitute higher percentages for any of the percentages set out in any paragraph of section 298(3) he shall conduct a further review after the third anniversary.
(3B)  Any review shall be completed within six months.
(3C)  In conducting any review, the Secretary of State shall consult—
(a)  such persons appearing to him to represent the interests of persons who are deaf or hard of hearing people and persons who are blind or partially sighted as he sees fit;
(b)  such persons providing services under section 298 as he sees fit; and
(c)  OFCOM.
(3D)  If, on completing a review, the Secretary of State decides not to make an order substituting higher percentages for the percentages for the time being set out in any paragraph of section 298(3), he shall not later than three months after the conclusion of the review lay before Parliament a report—
(a)  summarising the results of the review; and
(b)  giving the reasons for his decision.
(3E)  Any report made by the Secretary of State under subsection (3D) shall include a summary of the views expressed to him in his consultations.
(3F)  In this section "anniversary" means the anniversary of the coming into force of this section."
 

Clause 304

 

THE LORD McINTOSH OF HARINGEY

160Page 269, line 11, at end insert—
"(   )  The practices required by the code must also include the incorporation of such features in electronic programme guides as OFCOM consider appropriate for securing that persons with disabilities affecting their sight or hearing or both —
(a)  are able, so far as practicable, to make use of such guides for all the same purposes as persons without such disabilities; and
(b)  are informed about, and are able to make use of, whatever assistance for disabled people is provided in relation to the programmes listed or promoted."
 

THE LORD AVEBURY
THE BARONESS O'CATHAIN

161*Page 269, line 11, at end insert—
"(2A)  In assessing the degree of prominence for the purpose of subsection (2), OFCOM must ensure that—
(a)  the degree of prominence at least matches the degree of prominence in existence at the date of the passing of this Act; and
(b)  where there is more than one version of a public service channel available on an electronic programme guide, that any version intended for a particular area, region or nation is the most prominent listing of that public service channel in the electronic programme guide for that area, region or nation.
(2B)  For the purposes of this section there is more than one version of a public service channel available if, in the service of television programmes provided, there are different programmes being broadcast or distributed at the same time for audiences in different areas, regions or nations of the UK in the same service.
(2C)  OFCOM shall perform its duty to draw up a code under subsection (1) within six months from the commencement of this section."
 

THE LORD LIPSEY

162*Page 269, line 11, at end insert—
"(   )  In assessing the appropriate degree of prominence under subsection (2), OFCOM shall endeavour to ensure that the degree of prominence at least matches the degree of prominence in existence at the date of the commencement of the Office of Communications Act 2002 (c. 11)."
 

THE BARONESS GIBSON OF MARKET RASEN

163Page 269, line 20, at end insert—
"(   )  Before drawing up or revising the code, OFCOM shall consult the public service channels as defined in subsection (3)."
 

THE LORD McINTOSH OF HARINGEY

164*Page 269, line 28, leave out paragraph (a)
 

Clause 306

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD McNALLY

165Page 270, leave out lines 13 to 16 and insert—
"(b)  that the departure would not narrow the range of programmes (including in particular the diversity of music) available by way of relevant independent radio services to persons living in the area or locality for which the service is to be provided;"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

166Page 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 307

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

167Leave out Clause 307
 

Clause 310

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

168Page 273, line 32, leave out "and"
169Page 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."
170Page 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)."
171Page 273, line 39, leave out subsection (3)
 

THE LORD McINTOSH OF HARINGEY

172Page 273, line 42, at end insert—
"(3A)  If OFCOM have decided to exercise any of their Broadcasting Act powers for a competition purpose, they must, on or before doing so, give a notification of their decision.
(3B)  A notification under subsection (3A) must—
(a)  be given to such persons, or published in such manner, as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM's opinion, are likely to be affected by their decision; and
(b)  must describe the rights conferred by subsection (4) on the persons affected by that decision."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

173Page 273, line 44, after "powers" insert—
"(a)  "
174Page 273, line 44, after "purpose" insert ", or
(b)  in the fulfilment of their general duties under section 3"
175Page 274, line 21, leave out "285 to 289" and insert "259 to 308 or 312 to 339"
176Page 274, line 27, at end insert "save where, under sections 259 to 308 or 312 to 339, any such power is in fact exercised for a competition purpose."
 

After Clause 310

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

177Insert 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

178Page 274, line 35, leave out from first "of" to end of line 36 and insert "the following"
179Page 274, line 42, after "provision" insert "; and
(d)  every condition imposed by them under or for the purposes of a broadcasting provision"
180Page 275, line 3, leave out subsection (4)
181Page 275, leave out lines 14 and 15
 

Clause 312

 

THE LORD GORDON OF STRATHBLANE
THE BARONESS BUSCOMBE
THE LORD SAATCHI
THE LORD BORRIE

182Page 275, line 37, leave out "unsuitable" and insert "which may be misleading, harmful or offensive"
 

Clause 314

 

THE LORD GORDON OF STRATHBLANE

183*Page 277, line 45, leave out "312(2)(g)" and insert "312(2)(a), (g)"
 

Clause 330

 

THE LORD ADDINGTON
THE BARONESS BUSCOMBE

184*Page 290, line 11, after "of" insert "equalisation of opportunities for"
 

Schedule 12

 

THE LORD ALLI

185*Page 402, line 7, leave out from "total" to end of line 10 and insert "annual budget allocated to the production and acquisition of qualifying programmes included in the television broadcasting services provided by the BBC; and
(b)  not less than 25 per cent of the total amount of time allocated to the broadcasting of qualifying programmes included in the television broadcasting services provided by the BBC
  is allocated to the broadcasting of a range and diversity of independent productions"
186*Page 402, line 22, at end insert "; and
(d)  the reference to the total annual 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."
 

THE LORD McINTOSH OF HARINGEY

187Page 402, line 43, leave out from "under" to end of line 45 and insert "the BBC Charter and Agreement"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

188*Page 404, line 3, at end insert—
 

"Duty in relation to the promotion of programmes, channels and related services in the BBC's services

 2A   (   )   It shall be the duty of the BBC to make arrangements for securing that any rules from time to time drawn up by OFCOM to regulate the promotion of programmes, channels and related services by any person providing a licensed service are observed and applied in relation to the provision of the BBC's services in a way which achieves to the fullest and most analogous extent practicable, the effect of the rules as they are intended to apply to the provision of a licensed service.
(   )      In this paragraph "licensed service" has the same meaning as in section 309."
 

Before Clause 340

 

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

189*Insert the following new Clause—
  "Media plurality public interest consideration
(1)  Section 58 of the Enterprise Act 2002 (c. 40) (specified considerations) shall be amended as follows.
(2)  After subsection (2B) (which is inserted by section 368 of this Act) there shall be inserted—
"(2C)  The public interest in the promotion and maintenance of a plurality of media owners and of a wide range of voices such as to satisfy a variety of tastes and interests is specified in this section."
(3)  In subsection (3), after the words "any consideration", there shall be inserted "(other than the consideration specified in subsection (2C))"."
190*Insert the following new Clause—
  "Adaptation of role of OFT in initial investigations and reports
(1)  Section 44 of the Enterprise Act 2002 (c. 40) (investigation and report by OFT in public interest cases) shall be amended as follows.
(2)  After the words "newspaper public interest consideration" (which are inserted by section 369(1) of this Act) there shall be inserted "and the media plurality public interest consideration".
(3)  After subsection (5A) (which is inserted by section 369(2) of this Act) there shall be inserted—
"(5A)  The report may, in particular, contain a summary of any representations about the case which have been received by the OFT and which relate to the media plurality public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45."
(4)  After subsection (7) there shall be inserted—
"(7A)  In this Part "media plurality public interest consideration" means any consideration which is specified in section 58(2C).
(7B)  In this Part—
 "media owners" means persons—
(a)  holding broadcasting licences under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003,
(b)  controlling bodies corporate for the purposes of Schedule 2 to the Broadcasting Act 1990, or
(c)  carrying on an enterprise which is supplying newspapers of any description; and
 "voices" means views and opinions represented to a significant degree in the media."."
191*Insert the following new Clause—
  "
  After section 61A of the Enterprise Act 2002 (c. 40) (additional investigation and report by OFCOM: certain newspaper mergers) (which is inserted by section 373 of this Act) there shall be inserted—
"61B
(1)  Subsection (2) applies where—
(a)  the Secretary of State has given an intervention notice in relation to a relevant merger situation; and
(b)  the intervention notice mentions the media plurality public interest consideration.
(2)  OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration or considerations concerned on the case.
(3)  The report shall contain—
(a)  advice and recommendations which are or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45; and
(b)  a summary of any representations about the case which have been received by OFCOM and which relate to any such consideration.
(4)  OFCOM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this section."
192*Insert the following new Clause—
  "Enforcement powers in relation to media mergers
  In Schedule 8 to the Enterprise Act 2002 (c. 40) (provision that may be contained in certain enforcement orders) after paragraph 20A (which is inserted by section 380 of this Act) there shall be inserted—

 
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20 June 2003