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

House of Lords

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Clause 273

 

THE LORD ALLI

140Page 245, line 16, leave out from "total" to end of line 18 and insert "annual budget allocated to the production and acquisition of qualifying programmes included in the channel; and
(b)  not less than 25 per cent of the total amount of time allocated to the broadcasting of qualifying programmes included in the channel
  is allocated to the broadcasting of a range and diversity of independent productions"
141Page 245, line 30, 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."
 

Clause 276

 

THE BARONESS BUSCOMBE
THE LORD McNALLY
THE BARONESS HOWE OF IDLICOTE
THE LORD GORDON OF STRATHBLANE

142Page 249, line 17, leave out paragraphs (a) and (b)
143Page 250, line 7, at end insert—
"(   )  In this section "appointed news provider" means the body corporate appointed for the purposes of subsection (2) as the appointed provider."
 

Clause 277

 

THE BARONESS BUSCOMBE
THE LORD McNALLY
THE BARONESS HOWE OF IDLICOTE
THE LORD GORDON OF STRATHBLANE

144Page 250, line 10, leave out "repeal" and insert "modify"
145Page 250, line 10, leave out "and section 32 of the 1990 Act"
 

After Clause 277

 

THE BARONESS BUSCOMBE
THE LORD McNALLY

146Insert the following new Clause—
  "Repeal of existing nominated news provider regime
  Section 32 of the Broadcasting Act 1990 (c. 42) (nomination of bodies to provide news for regional Channel 3 services) shall cease to have effect."
 

Clause 281

 

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

146A*Page 253, line 11, leave out "suitable" and insert "substantial"
146B*Page 253, line 24, leave out "suitable" and insert "substantial"
146C*Page 253, line 30, leave out "suitable" and insert "substantial"
 

Clause 282

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

146D*Page 254, line 15, leave out "sufficient" and insert "substantial"
146E*Page 254, line 21, leave out "suitable" and insert "substantial and significant"
146F*Page 254, line 27, leave out "suitable" and insert "substantial and significant"
146G*Page 254, line 35, leave out "sufficient" and insert "substantial"
146H*Page 254, line 44, leave out "suitable" and insert "substantial and significant"
146J*Page 255, line 1, leave out "suitable" and insert "substantial and significant"
146K*Page 255, line 16, leave out "sufficient" and insert "substantial"
146L*Page 255, line 22, leave out "suitable" and insert "substantial and significant"
146M*Page 255, line 29, leave out "suitable" and insert "substantial and significant"
 

After Clause 282

 

THE LORD RENTON OF MOUNT HARRY
THE LORD CRICKHOWELL

147Insert the following new Clause—
  "Variation of public service obligations of Channel 5
(1)  In the event that the share of audience or share of revenue of Channel 5 for any twelve month period is in excess of 15 per cent, as measured by OFCOM in their review under section 351, the Secretary of State shall by order, require OFCOM to review the conditions placed upon Channel 5 under sections 274 and 281.
(2)  Following such a review, OFCOM shall be required to increase the proportions of original and regional programmes required to be produced by Channel 5 to meet or exceed those most recently required of Channel 3.
(3)  In the event that Channel 3, in the same period, had a share of audience or share of revenue below 15 per cent, the proportions of original and regional programmes required to be produced by Channel 5 should be no less than those levels produced by Channel 3 when its share of audience was last at or above 15 per cent."
148[Re-tabled as amendment 152A]
 

Clause 298

 

THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

149Page 264, line 42, leave out "from time to time" and insert "at least once every three years"
150Page 265, line 4, at end insert "and
(iii)  persons with a dual sensory impairment,"
 

THE LORD ADDINGTON
THE BARONESS WILKINS

151Page 265, line 20, at end insert—
"(   )  that at least 50 per cent in every week of so much of—
(i)  a Channel 3 service,
(ii)  Channel 4,
(iii)  Channel 5, or
(iv)  S4C Digital
  as consists of programmes that are not excluded programmes must be accompanied by audio-description for the blind."
152Page 265, line 21, after "every" insert "other"
 

THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

152APage 265, line 24, after "blind" insert ", however—
(i)  in calculating such percentage it shall apply only to programmes which have not previously been audio-described, and
(ii)  OFCOM shall have the power to vary the percentage for broadcasters for whom a target of 10 per cent would not be appropriate;"
 

THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

153Page 265, line 28, at end insert—
"(   )  that all channels should achieve at least 40 per cent of their 10 year target by the first anniversary of the relevant date; and at least 90 per cent of their 10 year target by the fifth anniversary of the relevant date."
154Page 265, line 34, leave out "that OFCOM consider" and insert "and the number of viewers per programme which would lead OFCOM to consider whether they"
 

THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON
THE BARONESS BUSCOMBE
THE BARONESS DARCY DE KNAYTH

155Page 265, line 38, after "benefit" insert "as perceived by the disabled person"
 

THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

156Page 265, line 42, at end insert—
"(   )  the views of organisations representing persons who are hearing or visually impaired;"
 

Clause 301

 

THE LORD ADDINGTON
THE BARONESS WILKINS

157Page 267, line 40, at end insert "but he may not substitute a lower percentage"
158Page 268, line 3, leave out "consult OFCOM" and insert "conduct a review"
159Page 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

161Page 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

162Page 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

164Page 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."

 
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25 June 2003