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

House of Lords

back to previous amendments

 

After Clause 354

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

217Insert the following new Clause—
  "Review of OFCOM's decisions under Part 3
(1)  It shall be the duty of OFCOM to establish a procedure for the review of its decisions made—
(a)  under sections 211, 212, 213, 214, 216, 217, 218, 219, 229, 224, 225, 232, 233, 234, 235, 236, 247, 249, 250, 251, 322 and 325;
(b)  pursuant to the procedures set out in section 318 for the handling of complaints about the observance of standards set out under section 312;
(c)  under Part 5 of the Broadcasting Act 1996 (c. 55).
(2)  Before establishing a procedure under subsection (1) OFCOM must publish, in such manner as they think fit, a draft of the proposed procedure.
(3)  After publishing the draft procedure, and before establishing it as the review procedure for those decisions mentioned in subsection (1), OFCOM must consult every person who holds a relevant licence and such of the following as they think fit—
(a)  persons appearing to OFCOM to represent the interests of those who watch television programmes;
(b)  persons appearing to OFCOM to represent the interests of those who make use of teletext service; and
(c)  persons appearing to OFCOM to represent the interests of those who listen to sound programmes.
(4)  If it appears to OFCOM that a body exists which represents the interests of a number of the persons who hold relevant licences, they may perform their duty under subsection (3) of consulting such persons, so far as it relates to the persons whose interests are so represented, by consulting that body.
(5)  Where OFCOM establishes a procedure under subsection (1) they must publish the procedure in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by the procedure."
 

Clause 355

 

THE LORD McINTOSH OF HARINGEY

218Page 310, line 45, leave out "(except in the expression "digital additional sound service")"
219Page 311, line 14, at end insert—
 ""the BBC Charter and Agreement" means the following documents, or any one or more of them, so far as they are for the time being in force—
    (a)  a Royal Charter for the continuance of the BBC;
    (b)  supplemental Charters obtained by the BBC under such a Royal Charter;
    (c)  an agreement between the BBC and the Secretary of State entered into (whether before or after the passing of this Act) for purposes that include the regulation of activities carried on by the BBC."
220Page 314, line 13, leave out "or"
221Page 314, line 14, at end insert—
"(g)  a digital additional television service or a digital additional sound service,"
 

After Clause 365

 

THE LORD RAZZALL
THE LORD McNALLY

222Insert the following new Clause—
  "Duty to establish and maintain Competition Panel
(1)  It shall be the duty of OFCOM, in accordance with the following provisions of this section, to exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002 (c. 11) (committees of OFCOM) to establish and maintain a committee to be known as "the Competition Panel".
(2)  The Competition Panel shall have such functions as OFCOM, in exercise of their powers under the Schedule to the Office of Communications Act 2002, may confer on the Panel.
(3)  The functions conferred on the Panel must include, to such extent and subject to such restrictions and approvals as OFCOM may determine—
(a)  to advise OFCOM on the exercise of its functions under section 364,
(b)  to give an opinion to OFCOM on guidelines and decisions which OFCOM propose to adopt in the exercise of OFCOM's functions under section 364, including as to whether OFCOM or the Office of Fair Trading should investigate.
(4)  The Competition Panel shall as soon as practicable after the end of each calendar year make to the chairman of OFCOM a report on its activities during that year which shall be published by OFCOM.
(5)  The Competition Panel shall consist of—
(a)  a chairman appointed by OFCOM; and
(b)  such number of other members appointed by OFCOM as OFCOM think fit.
(6)  The chairman of the Competition Panel must be a non-executive member of OFCOM but is not to be the chairman of OFCOM.
(7)  In appointing a person for the purposes of subsection (2)(b), OFCOM must have regard to their expertise in the area of competition law or economics (or both).
(8)  The Competition Panel must include at least one member who is a member of the Board of the Office of Fair Trading.
(9)  Before appointing a person to be the chairman or another member of the Competition Panel, OFCOM must satisfy themselves that he will not have any financial or other interest which would be likely prejudicially to affect the carrying out by him of any of his functions as chairman or member of the Competition Panel.
(10)  A person is not to be taken to have such an interest by reason only that he is or will be a member or employee of OFCOM.
(11)  Every person whom OFCOM propose to appoint to be the chairman or another member of the Competition Panel, shall, whenever requested to do so by OFCOM, furnish OFCOM with any information they consider necessary for the performance of their duty under subsection (9)."
 

Clause 385

 

THE LORD McINTOSH OF HARINGEY

223Page 334, line 22, at end insert—
"(   )  References in this section to penalties imposed by OFCOM under provisions contained in this Act include references to penalties which the BBC is liable to pay to OFCOM by virtue of section 195(3)."
 

Clause 393

 

THE LORD McINTOSH OF HARINGEY

224Page 341, line 23, at end insert—
"(   )  References in this section to penalties imposed by OFCOM under Part 3 of this Act include references to penalties which the BBC is liable to pay to OFCOM by virtue of section 195(3)."
 

Clause 394

 

THE LORD ALLI

224APage 343, line 10, at end insert—
"(   )  OFCOM shall prepare a statement under this section for the consent of the Treasury no later than 18 months after Royal Assent."
 

Clause 396

 

THE LORD McINTOSH OF HARINGEY

225Page 344, line 20, leave out "a time before" and insert "no earlier than"
 

Schedule 17

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

226Page 510, line 48, at end insert—
"(   )      Sub-paragraph (2) of paragraph 103 shall apply to general development orders made under that Act or any regulations made thereunder."
226APage 521, line 18, at end insert—
"(   )      The provisions of subsection (2) shall not apply to charges in respect of grants of recognised spectrum access."
 

Schedule 18

 

THE LORD McINTOSH OF HARINGEY

227Page 530, line 7, at end insert—
 

"Savings for agreements referring to the termination of a 1984 Act licence

 2A   (1)   This paragraph applies where a term or condition of an agreement in force immediately before the abolition of licensing provides—
(a)  for the agreement, or a provision of it, to cease to have effect,
(b)  for the agreement to become capable of being terminated,
(c)  for a requirement to pay or repay an amount (whether liquidated or unliquidated) to arise under the agreement, or to arise earlier than it would otherwise have arisen,
(d)  for a security to become enforceable, or
(e)  for rights or obligations of a person under the agreement to be different or to be modified,
  if a party to the agreement ceases to hold a licence under section 7 of the 1984 Act, or ceases to do so in a manner or in circumstances described in the agreement.
(2)      Where a person ceases to hold a licence in consequence of the provisions of this Act removing the requirement to hold a licence under section 7 of the 1984 Act—
(a)  the term or condition is not to apply; and
(b)  the rights and obligations of the parties to the agreement are to be the same (subject to the following sub-paragraphs) as they would have been had the person in question continued to hold such a licence.
(3)      In relation to times after the abolition of licensing, that term or condition is to have effect as if the reference in that term or condition—
(a)  to a person's ceasing to hold a licence under section 7 of the 1984 Act, or
(b)  to his ceasing to do so in a particular manner or particular circumstances,
  were a reference to his becoming subject to a direction under this Act by virtue of which he is prohibited from providing the whole or a part of an electronic communications network or electronic communications service.
(4)      In sub-paragraph (3) the reference to a person's becoming subject to a direction by virtue of which he is prohibited from providing the whole or a part of an electronic communications network—
(a)  does not include a reference to his becoming subject to a direction imposing a prohibition for a fixed period of less than eighteen months or to a direction that will have to be revoked if not confirmed; but
(b)  except in the case of a direction imposing a prohibition for such a fixed period, does include a reference to the confirmation of a direction that would otherwise have had to be revoked.
(5)      This paragraph does not apply in the case of a term or condition of an agreement if, on an application to the court by one or both of the parties to the agreement, the court directs—
(a)  that this paragraph is not to apply; or
(b)  that it is to apply with such modifications, or subject to the payment of such compensation, as the court may specify in the direction.
(6)      In determining whether to give a direction under sub-paragraph (5) or what modifications or compensation to specify in such a direction the court must have regard to the following—
(a)  whether either or both of the parties to the agreement contemplated the abolition of the licensing requirements of the 1984 Act when they entered into the agreement; and
(b)  the extent (if any) to which the provisions of this paragraph represent what it would have been reasonable for the parties to have agreed had they both known at that time what provision was to be made by this Act and when it was to come into force.
(7)      For the purposes of this paragraph—
(a)  references to ceasing to hold a licence include references to its expiring or being revoked; and
(b)  references to a licence under section 7 of the 1984 Act include references to a licence under that section of a particular description.
(8)      In this paragraph "the court" means the High Court or the Court of Session.
(9)      This paragraph has effect subject to paragraph 12.
 

Saving for agreements with special provision for 1984 Act licence holders

 2B   (1)   This paragraph applies in a case to which paragraph 2A does not apply and in which a term or condition of an agreement in force immediately before the abolition of licensing provides for rights or obligations of a person under the agreement to be different or to be modified according to whether or not—
(a)  he is or has become the holder of a licence under section 7 of the 1984 Act; or
(b)  is or has become the holder of such a licence in a manner or in circumstances described in the agreement.
(2)      In relation to times after the abolition of licensing, that term or condition is to have effect as if the rights and obligations to which that person is entitled or subject under the agreement were, except in a case falling within sub-paragraph (3), those for which the agreement provides in the case of a person who—
(a)  is or has become the holder of such a licence; or
(b)  is or has become the holder of such a licence in that manner or in those circumstances.
(3)      The excepted case is where that person is subject to a direction under this Act by virtue of which he is prohibited from providing the whole or a part of an electronic communications network or electronic communications service.
(4)      In sub-paragraph (3) the reference to a person's being subject to a direction by virtue of which he is prohibited from providing the whole or a part of an electronic communications network—
(a)  does not include a reference to his being subject to a direction imposing a prohibition for a fixed period of less than eighteen months or to a direction that will have to be revoked if not confirmed; but
(b)  except in the case of a direction imposing a prohibition for such a fixed period, does include a reference to his being subject to a direction which would have had to be revoked if not confirmed but which has been confirmed.
(5)      This paragraph does not apply in the case of a term or condition of an agreement if, on an application to the court by one or both of the parties to the agreement, the court directs—
(a)  that this paragraph is not to apply; or
(b)  that it is to apply with such modifications, or subject to the payment of such compensation, as the court may specify in the direction.
(6)      In determining whether to give a direction under sub-paragraph (5) or what modifications or compensation to specify in such a direction the court must have regard to the following—
(a)  whether either or both of the parties to the agreement contemplated the abolition of the licensing requirements of the 1984 Act when they entered into the agreement; and
(b)  the extent (if any) to which the provisions of this paragraph represent what it would have been reasonable for the parties to have agreed had they both known at that time what provision was to be made by this Act and when it was to come into force.
(7)      For the purposes of this paragraph references to a licence under section 7 of the 1984 Act include references to a licence under that section of a particular description.
(8)      In this paragraph "the court" means the High Court or the Court of Session."
228Page 530, line 11, after "relevant" insert "Broadcasting Act"
229Page 530, line 14, after "relevant" insert "Broadcasting Act"
230Page 530, line 16, after "relevant" insert "Broadcasting Act"
231Page 530, line 17, leave out paragraph (a)
 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

232Page 531, line 3, at end insert—

 
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©Parliamentary copyright 2003
25 June 2003