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

House of Lords

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Clause 28

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

51Page 26, line 31, at end insert—
"(   )  Where, under contractual arrangements in place prior to the commencement of this Act, liability is established for payment of charges levied by pre-commencement regulators, such arrangements shall continue to have effect after the abolition of the pre-commencement regulators as if they applied to charges levied by OFCOM."
 

After Clause 28

 

THE LORD McNALLY

52Insert the following new Clause—
  "Functions of OFCOM in respect of Press Complaints Commission's Code of Practice
(1)  It shall be the duty of OFCOM to make such arrangements as they think fit to provide for the enforcement of the Code of Practice issued by the Press Complaints Commission.
(2)  In pursuance of its duty under subsection (1), OFCOM may—
(a)  issue such directions as they think fit to the Commission, and
(b)  impose penalties in accordance with subsections (3) and (4).
(3)  OFCOM may impose a penalty on any party to the Code if that party has, in the opinion of the Commission, breached the terms of the Code.
(4)  A penalty under subsection (3) is to be such amount not exceeding #500,000 as OFCOM determine to be—
(a)  appropriate; and
(b)  proportionate to the breach of the Code in respect of which it is imposed.
(5)  In this section—
 "the Code of Practice" and the "Code" mean the Code of Practice issued by the Press Complaints Commission in December 1999 and any subsequent revision of that Code (including any such revision of the coming into force of this section),
 "a party to the Code" means any person engaged in the publication of a newspaper or magazine who has agreed to comply with its provisions, and
 "Press Complaints Commission" and "Commission" mean the body first established in 1991."
 

Clause 62

 

THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

53Page 64, line 20, at end insert "(including apparatus for end-users with disabilities)"
 

Clause 65

 

THE LORD McINTOSH OF HARINGEY

54Page 66, line 40, leave out from "that" to end of line 9 on page 67 and insert "the terms on which a person is provided with anything required by the universal service order do not require him—
(a)  to pay for an unnecessary additional service; or
(b)  to pay, in respect of anything required by the order, any amount that is attributable to the provision to him of such a service.
(   )  The references in subsection (3), in relation to a person, to an unnecessary additional service are references to anything the provision of which—
(a)  he has to accept by reason of his being provided, at his request, with something required by the order ("the requested service"); and
(b)  is not necessary for the purpose of providing him with the requested service."
55Page 67, line 15, at end insert—
"(   )  References in this section to providing a person with anything include references to making it available or supplying it to him."
 

Before Clause 91

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

55AInsert the following new Clause—
  "Investigation of contravention of condition
(1)  Where OFCOM determine that there are reasonable grounds for believing that a person may be contravening, or may have contravened, a condition set under section 42, they may undertake an investigation.
(2)  Where OFCOM decide to undertake an investigation under subsection (1), they shall give the person concerned a notice in writing which—
(a)  indicates the reasons for the investigation being conducted by OFCOM;
(b)  specifies in sufficient detail the condition and alleged contravention in respect of which the investigation is being undertaken; and
(c)  specifies the period during which the person has an opportunity to make representations about the matter.
(3)  Subject to section 95(3), the period specified under subsection (2)(c) must be a period of at least one month beginning with the day on which the notice is given."
 

Clause 91

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

56Page 87, line 29, leave out "give that person a notification" and insert "conduct an investigation"
57Page 87, leave out line 30 and insert "The power conferred by subsection (1) is to be exercised by a notice in writing; and a notice must—"
58Page 87, line 31, leave out "sets out the determination" and insert "indicate the reasons for the investigation being"
59Page 87, line 32, leave out "specifies" and insert "specify"
60Page 87, line 32, leave out from "which" to "made" in line 33 and insert "the investigation is being"
61Page 87, line 34, leave out "specifies" and insert "specify"
62Page 87, line 35, leave out from "opportunity" to end and insert "to make representations about the matters notified"
63Page 87, line 36, leave out subsection (3)
64Page 87, line 41, leave out subsections (4) to (11) and insert—
"(   )  OFCOM may by regulations make rules and procedures in connection with the carrying into effect of the provisions of sections 91 to 100.
(   )  Section 396 applies to the power of OFCOM to make regulations under this section."
 

Clause 101

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD AVEBURY

65Page 97, line 1, leave out paragraph (a)
 

Clause 103

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

66Page 98, line 41, at end insert—
"(   )  In this section persons to whom the electronic communications code may be applied shall not be restricted to telecommunications operators."
 

Clause 117

 

THE LORD McINTOSH OF HARINGEY

67Page 111, line 13, leave out "or (11)" and insert ", (11) or (11A)"
68Page 111, line 28, at end insert—
"(11A)  A person falls within this subsection if—
(a)  he is the provider of an electronic communications network used for the provision of the relevant service; and
(b)  the use of that network for the provision of premium rate services, or of services that include or may include premium rate services, is authorised by an agreement subsisting between that person and either an intermediary service provider or a person who is a provider of the relevant service by virtue of subsection (10) or (11)."
69Page 111, line 41, at end insert "and
  "intermediary service provider" means a person who—
(a)  provides an electronic communications service used for the provision of the relevant service or an electronic communications network so used; and
(b)  is a party to an agreement with—
(i)  a provider of the relevant service falling within subsection (9)(a) to (d), or
(ii)  another intermediary service provider,
  which relates to the use of that electronic communications service or network for the provision of premium rate services, or of services that include or may include premium rate services."
 

Clause 118

 

THE LORD LUCAS

69A*Page 112, line 12, at end insert—
"(   )  that in all circumstances the code places the interests of consumers ahead of the interests of providers of premium rate services;"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD AVEBURY
THE VISCOUNT FALKLAND

70Page 112, line 18, at end insert—
"(   )  that the provisions of the code will not discourage innovation and investment in new forms of content based communications services;"
 

THE LORD McINTOSH OF HARINGEY

71Page 112, line 22, at end insert—
"(   )  OFCOM are not for those purposes to approve so much of a code as imposes an obligation as respects a premium rate service on a person who is a provider of the service by virtue only of section 117(11A) ("the relevant provider") unless they are satisfied that the obligation—
(a)  arises only if there is no one who is a provider of the service otherwise than by virtue of section 117(11A) against whom it is practicable to take action;
(b)  arises only after a notice identifying the service and setting out respects in which requirements of the code have been contravened in relation to it has been given to the relevant provider by the person responsible for enforcing the code; and
(c)  is confined to an obligation to secure that electronic communications networks provided by the relevant provider are not used for making the service available to persons who are in the United Kingdom."
 

Clause 119

 

THE LORD McINTOSH OF HARINGEY

72Page 113, line 41, at end insert—
"(   )  An order under this section is not to impose an obligation as respects a premium rate service on a person who is a provider of the service by virtue only of section 117(11A) ("the relevant provider") unless the obligation—
(a)  arises only if there is no one who is a provider of the service otherwise than by virtue of section 117(11A) against whom it is practicable to take action;
(b)  arises only after a notice identifying the service and setting out respects in which requirements of the order have been contravened in relation to it has been given to the relevant provider by OFCOM; and
(c)  is confined to an obligation to secure that electronic communications networks provided by the relevant provider are not used for making the service available to persons who are in the United Kingdom."
 

After Clause 131

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

73Insert the following new Clause—
  "Restrictive covenants affecting freehold property
(1)  This section applies where by virtue of a restrictive covenant, the owner of any premises is restricted, either absolutely or to any extent—
(a)  in choosing electronic communications services,
(b)  in choosing a supplier of such services, or
(c)  with respect to any other electronic communications matter.
(2)  Where this section applies, the covenant, to the extent that it restricts the owner of premises as mentioned in subsection (1)—
(a)  if it requires (expressly or otherwise) the consent of any person to be obtained before anything to which the restriction relates is done, shall have effect as if it required that consent not to be unreasonably withheld; and
(b)  in any other case, shall have effect as if it required the consent of the person entitled to the benefit of the restrictive covenant to the doing of anything to which the restriction relates not to be unreasonably withheld.
(3)  Subsections (5) to (7) of section 131 shall apply in relation to a restriction falling within subsection (2) above as those subsections apply in relation to a prohibition or restriction falling within subsection (1) or (2) of section 131.
(4)  Section 396 applies to the powers of OFCOM to make orders under this section."
 

Clause 134

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

73APage 126, line 26, at end insert—
"(7)  In a case where a requirement for information under section 132 or 133 includes a requirement for any person to answer a question, make a statement, provide an opinion or otherwise to provide information, whether orally or in writing, such answer, statement, opinion or other provision of information shall not be used by OFCOM in relation to any action to be taken against that person under any of sections 34, 38, 93, 109 or 136 without the consent in writing of that person."
 

Clause 153

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

73BPage 141, line 33, leave out "3A" and insert "3"
73CPage 141, line 34, leave out from "licences" to end of line 35
 

Clause 156

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

74Page 143, line 14, at end insert—
"(1A)  OFCOM shall not issue any regulations under subsection (1) until they have consulted all interested parties, and considered any representations received, on whether the application of such regulations to any particular circumstances of use is appropriate and proportionate, having regard to all the circumstances."
75Page 143, line 25, leave out subsections (5) to (7)

 
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25 June 2003