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

House of Lords

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Schedule 15

 

THE LORD McINTOSH OF HARINGEY

210APage 437, line 12, leave out from "fees)," to end of line 16 and insert "the words from "and the amount" onwards shall be omitted."
210BPage 447, line 10, leave out from "fees)," to end of line 14 and insert "the words from "and the amount" onwards shall be omitted."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE BARONESS MICHIE OF GALLANACH

211Page 456, line 21, at end insert—
"(2A)      After subsection (1) there shall be inserted—
    "(1A)      The amount which the Secretary of State shall pay for each subsequent financial year under subsection (1)(b), shall not be less than the amount paid in the financial year immediately preceding that year as increased by the appropriate percentage.""
212Page 456, line 24, at end insert—
"(3A)      After subsection (9) there shall be inserted—
    "(   )      For the purposes of subsection (1A), in calculating the minimum amount to be paid by the Secretary of State under subsection (1)(b) for any subsequent financial year, the appropriate percentage shall be taken as the percentage which corresponds to the percentage increase between—
    (a)  the retail prices index for the month of November in the year before the year immediately preceding the subsequent financial year in question, and
    (b)  the retail prices index for the month of November in the year immediately preceding the subsequent financial year in question.""
 

THE LORD McINTOSH OF HARINGEY

212APage 458, line 18, at end insert—
"(   )      In paragraph 1(6) of Part 1 (meaning of "more than a 20 per cent. interest"), for "20 per cent.", wherever occurring, there shall be substituted "5 per cent."."
 

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

213Page 458, line 22, leave out sub-paragraph (4)
 

THE LORD McINTOSH OF HARINGEY

213ZAPage 461, line 12, leave out from "fees)," to end of line 16 and insert "the words from "and the amount" onwards shall be omitted."
213APage 463, line 36, at end insert—
"(   )  for "a multiplex licence", in each place, there shall be substituted "a television multiplex service or a general multiplex service";
(   )  for "the multiplex service to which the licence relates", in each place, there shall be substituted "that multiplex service";"
213BPage 464, line 40, at end insert "; and
(b)  for "a multiplex licence" there shall be substituted "a television multiplex service or a general multiplex service"."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

214Page 468, line 27, at end insert—
"(   )      After subsection (8) there is inserted—
    "(8A)      Programmes provided by the suppliers by virtue of subsection (3) shall not include any that have been made wholly or partly from grants made by the Service out of the Fund or from monies out of the Fund otherwise applied by the Service.""
215Page 468, line 29, at end insert—
 "`the Fund' means the Gaelic Broadcasting Fund maintained under section 183 of the 1990 Act (gaelic television programmes);"
216Page 468, line 33, at end insert—
 "`the Service' means Seirbheis nam Meadhanan GaČidhlig;"
 

THE LORD McINTOSH OF HARINGEY

216ZAPage 471, line 6, leave out sub-paragraph (4) and insert—
"(   )      In subsection (2), sub-paragraph (ii) of paragraph (b) and the word "or" immediately preceding it shall be omitted.
(   )      In subsection (3) (fixing of fees), the words from "and the amount" onwards shall be omitted."
216APage 474, line 28, leave out paragraph 116 and insert—
 "116   (1)   Section 56 of the 1996 Act (multiplex revenue) shall be amended as follows.
(2)      In subsection (1)—
(a)  for "section 55(1)" there shall be substituted "this Part";
(b)  for "the holder of a national radio multiplex licence" there shall be substituted "the person who is the multiplex provider in relation to a national radio multiplex service";
(c)  in paragraph (a)(i), "to which the licence relates" shall be omitted;
(d)  in paragraphs (c) and (d), for "the holder of the radio multiplex licence" there shall be substituted "the multiplex provider".
(3)      In subsections (2) to (8)—
(a)  for "the holder of the radio multiplex licence", "the licence holder" and "the holder of the multiplex licence", wherever occurring, there shall be substituted, in each case, "the multiplex provider"; and
(b)  for "the Authority", wherever occurring, there shall be substituted "OFCOM".
(4)      In subsection (9)—
(a)  for "a national radio multiplex licence", in each place, there shall be substituted "a national radio multiplex service";
(b)  for "the radio multiplex service to which the licence relates", in each place, there shall be substituted "that radio multiplex service";
(c)  after the definition of "additional services provider" there shall be inserted—
      "`multiplex provider'—
    (a)  in relation to a national radio multiplex service for which a person holds a licence under this Part, means the licence holder; and
    (b)  in relation to a national radio multiplex service which is not licensed under this Part, means the person who provides that service.""
216BPage 474, line 32, leave out paragraph 117 and insert—
 "117   (1)   Section 57 of the 1996 Act (attribution of radio multiplex revenue) shall be amended as follows.
(2)      In subsection (1)—
(a)  for "the holder of a national radio multiplex licence" there shall be substituted "the person who is the multiplex provider in relation to a national radio multiplex service"; and
(b)  for "the holder of the national radio multiplex licence" there shall be substituted "the multiplex provider".
(3)      In subsection (2), for "the holder of the radio multiplex licence", wherever occurring, there shall be substituted "the multiplex provider".
(4)      In subsection (3)—
(a)  for "the Authority" there shall be substituted "OFCOM"; and
(b)  for "the holder of the national radio multiplex licence" there shall be substituted "the multiplex provider".
(5)      In subsection (4)—
(a)  after "`additional services provider'" there shall be inserted ", `multiplex provider'"; and
(b)  for "a national radio multiplex licence" there shall be substituted "a national radio multiplex service"."
216CPage 476, line 7, at end insert—
"(   )      In subsection (4), for the words from "national radio multiplex service" onwards there shall be substituted "relevant multiplex service, means the last accounting period of the multiplex provider".
(   )      In subsection (5)—
(a)  for "national radio multiplex service" there shall be substituted "relevant multiplex service";
(b)  for "holder of the national radio multiplex licence" there shall be substituted "multiplex provider"; and
(c)  for "the radio multiplex service" and "that radio multiplex service" there shall be substituted "that relevant multiplex service".
(   )      After subsection (5A) (inserted by Schedule 13) there shall be inserted—
    "(5B)      For the purposes of this section, a service is a relevant multiplex service if it is—
    (a)  a national radio multiplex service;
    (b)  a television multiplex service; or
    (c)  a general multiplex service.
    (5C)      In this section, "multiplex provider"—
    (a)  in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and
    (b)  in relation to a television multiplex service or a general multiplex service, means the multiplex provider within the meaning of section 14.""
216DPage 476, line 31, at end insert—
"(   )      In subsection (4), for "national radio multiplex service" there shall be substituted "relevant multiplex service".
(   )      In subsection (5), for the words from "national radio multiplex service" onwards there shall be substituted "relevant multiplex service, means the last accounting period of the multiplex provider".
(   )      In subsection (6)—
(a)  for "national radio multiplex service" there shall be substituted "relevant multiplex service";
(b)  for "holder of the national radio multiplex licence" there shall be substituted "multiplex provider"; and
(c)  for "the radio multiplex service" and "that radio multiplex service" there shall be substituted "that relevant multiplex service".
(   )      After subsection (6A) (inserted by Schedule 13) there shall be inserted—
    "(6B)      For the purposes of this section, a service is a relevant multiplex service if it is—
    (a)  a national radio multiplex service; or
    (b)  a general multiplex service.
    (6C)      In this section, "multiplex provider"—
    (a)  in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and
    (b)  in relation to a general multiplex service, means the multiplex provider within the meaning of section 14.""
 

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,"

 
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1 July 2003