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

House of Lords

back to previous amendments

 

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
THE LORD BORRIE

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

Clause 330

 

THE LORD ADDINGTON
THE BARONESS BUSCOMBE

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

THE LORD McINTOSH OF HARINGEY

184APage 290, line 27, at end insert—
"(   )  The conditions imposed by virtue of this section may include provision for treating obligations to make the arrangements mentioned in subsections (1) to (3), or to do anything mentioned in subsection (4), as discharged where a member of a group of companies to which the licence holder belongs—
(a)  has made the required arrangements in relation to employment with the licence holder; or
(b)  has done anything required by subsection (4) in relation to those arrangements."
184BPage 290, line 31, leave out from beginning to "employs" in line 34 and insert—
"(b)  the requirements of both subsections (6) and (6A) are satisfied in the case of that service.
"(6)  The requirements of this subsection are satisfied in the case of a service provided by a person if—
(a)  that person"
184CPage 290, line 35, leave out "persons" and insert "individuals"
184DPage 290, line 36, leave out from "of" to "on" in line 38 and insert "licensed services; or
(b)  the threshold number is exceeded by the aggregate number of individuals who are, or are likely to be, employed in that connection by members of a group of companies comprising that person and one or more other bodies corporate.
(6A)  The requirements of this subsection are satisfied in the case of a service if the licence authorising the provision of that service authorises either that service or another service authorised by that licence to be provided"
184EPage 290, line 43, at end insert—
 ""licensed service", in relation to an employee or likely employee of a person, means a service the provision of which—
(a)  by that person, or
(b)  by a body corporate which is a member of the same group of companies as that person,is authorised by a Broadcasting Act licence;"
184FPage 291, line 1, leave out "persons" and insert "individuals"
184GPage 291, line 2, at end insert—
"(7A)  For the purposes of this section a person is a member of a group of companies to which a person licensed to provide a service belongs if, and only if, both of them are bodies corporate and either—
(a)  one of them is controlled by the other; or
(b)  both of them are controlled by the same person.
(7B)  In subsection (7A) "controlled" has the same meaning as in Part 1 of Schedule 2 to the 1990 Act."
 

Schedule 12

 

THE LORD ALLI

185Page 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"
186Page 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

188Page 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."
 

Schedule 13

 

THE LORD McINTOSH OF HARINGEY

188APage 424, line 14, after second "to" insert "television multiplex services and general"
188BPage 424, line 38, after second "to" insert "television multiplex services and general"
188CPage 426, line 32, leave out "national radio multiplex revenue" and insert "relevant multiplex services"
188DPage 426, line 41, leave out from "revenue" to "is" in line 44 and insert—
    "(a)  attributable to a person in relation to national radio multiplex services,"
188EPage 427, line 1, leave out "in any other case" and insert "attributable to a person in relation to television multiplex services or general multiplex services"
188FPage 427, line 19, leave out "national radio multiplex revenue" and insert "relevant multiplex services"
188GPage 427, line 31, leave out from "revenue" to "is" in line 34 and insert—
    "(a)  attributable to a person in relation to national radio multiplex services,"
188HPage 427, line 36, leave out "in any other case" and insert "attributable to a person in relation to general multiplex services"
 

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—
    (a)  of a plurality of media owners committed to a balanced and impartial presentation of news and to a balanced presentation of comment, and
    (b)  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))"."
190Insert 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."."
191Insert the following new Clause—
  "Additional investigation and report by OFCOM: media plurality public interest cases
  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—
    "61BAdditional investigation and report by OFCOM: media plurality mergers
    (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."
192Insert 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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25 June 2003