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

House of Lords

back to previous amendments

 

Clause 281

 

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

146APage 253, line 11, leave out "suitable" and insert "substantial"
146BPage 253, line 24, leave out "suitable" and insert "substantial"
146CPage 253, line 30, leave out "suitable" and insert "substantial"
 

Clause 282

 

THE VISCOUNT FALKLAND
THE LORD McNALLY

146DPage 254, line 15, leave out "sufficient" and insert "substantial"
146EPage 254, line 21, leave out "suitable" and insert "substantial and significant"
146FPage 254, line 27, leave out "suitable" and insert "substantial and significant"
146GPage 254, line 35, leave out "sufficient" and insert "substantial"
146HPage 254, line 44, leave out "suitable" and insert "substantial and significant"
146JPage 255, line 1, leave out "suitable" and insert "substantial and significant"
146KPage 255, line 16, leave out "sufficient" and insert "substantial"
146LPage 255, line 22, leave out "suitable" and insert "substantial and significant"
146MPage 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 McINTOSH OF HARINGEY

150APage 265, line 8, leave out subsection (2) and insert—
"(1A)  The code must include provision for securing that every provider of a service to which this section applies ensures that adequate information about the assistance for disabled people that is provided in relation to that service is made available to those who are likely to want to make use of it.
(2)  The code must also require that, from the fifth and tenth anniversaries of the relevant date, the obligations in subsections (2A) and (3), respectively, must be fulfilled by reference to averages computed over each of the following—
(a)  the twelve month period beginning with the anniversary in question; and
(b)  every twelve month period ending one week after the end of the previous period for which an average fell to be computed.
(2A)  The obligation to be fulfilled from the fifth anniversary of the relevant date is that at least 60 per cent. of so much of every service which—
(a)  is a service to which this section applies, and
(b)  has a relevant date after the passing of this Act,
  as consists of programmes that are not excluded programmes must be accompanied by subtitling."
 

THE LORD ASHLEY OF STOKE

150BPage 265, line 8, leave out "tenth" and insert "fifth"
 

THE LORD McINTOSH OF HARINGEY

150CPage 265, line 14, leave out "Those obligations" and insert "The obligations to be fulfilled from the tenth anniversary of the relevant date"
150DPage 265, line 15, leave out "in every week"
150EPage 265, line 18, leave out "in every week"
 

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."
 

THE LORD McINTOSH OF HARINGEY

151APage 265, line 21, leave out "in every week"
 

THE LORD ADDINGTON
THE BARONESS WILKINS

152Page 265, line 21, after second "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 increase the percentage for broadcasters for whom a target of 10 per cent would not be appropriate;"
 

THE LORD McINTOSH OF HARINGEY

152BPage 265, line 25, leave out "in every week"
 

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."
 

THE LORD McINTOSH OF HARINGEY

153APage 265, line 29, after "in" insert "subsection (2A) or in"
153BPage 265, line 31, after "that" insert "subsection or"
153CPage 265, line 33, after "to" insert "subsection (2A) and"
 

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

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 McINTOSH OF HARINGEY

154APage 265, line 35, after "that" insert "subsection or"
 

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;"
 

THE LORD McINTOSH OF HARINGEY

156APage 266, line 8, leave out from "(9)," to "and" in line 9 and insert "from dates falling before an anniversary mentioned in subsection (2);
(   )  requirements on persons providing such services to meet further targets from dates falling after the anniversary mentioned in subsection (3);"
156BPage 266, line 16, leave out from "(2)" to end of line 17
156CPage 266, line 28, leave out paragraph (f)
 

Clause 300

 

THE LORD McINTOSH OF HARINGEY

156DPage 267, line 18, at end insert "or"
156EPage 267, line 19, leave out from "service" to end of line 21
 

Clause 301

 

THE LORD McINTOSH OF HARINGEY

156FPage 267, line 34, at end insert—
"(   )  Where it appears to the Secretary of State, in the case of services of a particular description, that the obligation specified in section 298(2A) has been or is likely to be fulfilled in their case before the anniversary so specified, he may by order modify section 298 so as to do one or both of the following—
(a)  increase the percentage so specified in relation to services of that description;
(b)  substitute a different anniversary for the anniversary by which that obligation must be fulfilled in the case of such services."
156GPage 267, line 37, leave out "specified in subsection (2) of that section" and insert "by which the obligations specified in subsection (3) of that section must be fulfilled"
156HPage 267, line 39, leave out "different" and insert "higher"
156JPage 267, line 40, leave out "subsection (3) of that section" and insert "that subsection"
 

THE LORD ADDINGTON
THE BARONESS WILKINS

157Page 267, line 40, at end insert "but he may not substitute a lower percentage"
 

THE LORD McINTOSH OF HARINGEY

157APage 267, line 41, leave out "virtue of subsection (1)" and insert "an order under this section"
 

THE LORD ADDINGTON
THE BARONESS WILKINS

158Page 268, line 2, 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."
 

THE LORD McINTOSH OF HARINGEY

159APage 268, line 4, leave out "subsection (1)" and insert "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
THE BARONESS HOWE OF IDLICOTE

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)

 
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30 June 2003