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Amendments to the Communications Bill

Communications Bill


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 18th June 2003, as follows—

Clauses 1 and 2
Schedule 1
Clauses 3 to 27
Schedule 2
Clauses 28 to 60
Clauses 62 to 70
Clauses 74 to 103
Schedule 3
Clauses 104 to 115
Schedule 4
Clauses 116 to 156
Schedule 5
Clauses 157 to 177
Schedule 6
Clauses 178 and 179
Schedule 7
Clauses 180 to 189
Schedule 8
Clauses 190 to 196
Schedule 9
Clauses 197 to 216
Schedule 10
Clauses 217 to 267
Clause 61
Clauses 72 and 73
Clauses 268 to 289
Schedule 11
Clauses 290 to 305
Clause 71
Clauses 306 to 331
Schedule 12
Clauses 332 to 338
Schedule 13
Clauses 339 to 342
Schedule 14
Clauses 343 to 353
Schedule 15
Clauses 354 to 382
Schedule 16
Clauses 383 to 399
Schedules 17 to 19
Clauses 400 to 403

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 3

 

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

1Page 3, line 3, leave out subsection (1) and insert—
"(1)  It shall be the principal duty of OFCOM, in carrying out their functions—
(a)  to further the interests of citizens in relation to communications matters; and
(b)  in that context, to further the interests of consumers in relevant markets;
  and to do so where appropriate by promoting competition.
(1A)  Where it appears to OFCOM, in relation to the carrying out of any of their functions under Chapter 1 of Part 2, that the requirement specified in subsection (1)(a) conflicts with the requirement specified in subsection (1)(b), they may give priority to the requirement specified in subsection (1)(b)."
 

THE LORD PHILLIPS OF SUDBURY
THE BARONESS O'NEILL OF BENGARVE
THE LORD McNALLY
THE BARONESS HOWE OF IDLICOTE

2Page 3, line 7, at end insert"; and
(   )  to further the purposes of public service broadcasting where relevant."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD McNALLY

3Page 3, line 16, after "services" insert "(and in particular the diversity of elements within such services)"
 

THE EARL OF NORTHESK
THE BARONESS HOWE OF IDLICOTE
THE LORD ST. JOHN OF BLETSO

4Page 3, line 29, at end insert—
"(   )  the application, in the case of electronic communications network services, of standards that provide adequate protection to members of the public and all other persons from unwarranted infringements of privacy resulting from activities carried on for the purposes of such services;"
 

THE EARL OF NORTHESK
THE LORD GORDON OF STRATHBLANE
THE LORD ST. JOHN OF BLETSO

5Page 3, line 29, at end insert—
"(   )  the desirability of encouraging the best means of access to systems of delivery of high speed data transfer throughout the United Kingdom, and, as appropriate, encouraging competitive markets in such systems;"
 

THE BARONESS HOWE OF IDLICOTE

6Page 3, line 29, at end insert—
"(g)  the availability of adequate means for considering and, where necessary, redressing complaints from the public about alleged lapses from the standards referred to in paragraphs (e) and (f)"
 

THE BARONESS BUSCOMBE
THE LORD AVEBURY

7Page 3, line 30, after "OFCOM" insert "shall take particular account of the importance of applying, wherever possible, the principles of good regulation, namely transparency, accountability, proportionality, consistency and targeting only in cases in which action is needed and, subject thereto,"
8Page 3, line 34, leave out paragraph (b)
 

THE BARONESS HOWE OF IDLICOTE

9Page 3, line 49, at end insert "consistently with the proper protection of other fundamental rights"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

10Page 4, line 9, after "Kingdom" insert "of people of different ethnic origins and communities and gender"
 

THE LORD McINTOSH OF HARINGEY

11Page 4, line 9, leave out "and of those" and insert ", of the different ethnic communities within the United Kingdom and of persons"
 

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

12Page 4, line 12, at end insert—
"(   )  the need for reasonable access to new and emerging forms of telecommunications by persons with disabilities."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

13Page 4, line 22, at end insert "and publish the reasoning for the resolution of any conflict between their general duties"
 

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

14Page 4, line 39, at end insert—
 ""citizens" means all members of the public in the United Kingdom;"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

15Page 5, line 2, at end insert—
"(   )  OFCOM's report under paragraph 12 of the Schedule to the Office of Communications Act 2002 (c. 11) (annual report) for each financial year must contain a statement by OFCOM summarising those circumstances where, in OFCOM's opinion, they have been required to reconcile general duties which have been in conflict with each other and how they have sought to do so in the circumstances."
 

After Clause 3

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

16Insert the following new Clause—
  "Duty to promote community media
(1)  It shall be the duty of OFCOM to take all such steps as they consider appropriate for promoting the growth and development of community media.
(2)  In this section—
 "community media" means communications services provided primarily for the benefit of members of the public in a defined geographical locality or of a particular community and not operated by the BBC or for commercial purposes.
(3)  In subsection (2)—
 "communications services" includes—
(a)  radio and television broadcasting;
(b)  electronic communications networks and services; and
(c)  content services carried by services falling within paragraphs (a) or (b)."
 

Clause 7

 

THE LORD McINTOSH OF HARINGEY

17Page 8, line 41, at end insert—
"(3A)  An assessment under subsection (3)(a) must set out how, in OFCOM's opinion, the performance of their general duties (within the meaning of section 3) is secured or furthered by or in relation to what they propose."
 

Clause 8

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

18Page 9, line 31, after "publish" insert ", and on an annual basis review,"
19Page 9, line 45, leave out from "have" to end and insert "due regard to the statement for the time being in force under this section with a view to compliance with the standards contained in it unless exceptional circumstances prevent"
20Page 9, line 45, at end insert—
"(   )  It shall also be the duty of OFCOM to publish each year, as soon as is reasonably practicable after the end of the previous year, a report of their performance during that year in relation to the promptness standards described in the statement under subsection (1)."
 

After Clause 8

 

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

21Insert the following new Clause—
  "Undue delay on the part of OFCOM
(1)  This section applies if the court is satisfied, on the application of a person aggrieved by the failure of OFCOM to comply with the promptness standards set out in the statement for the time being in force under section 8, that there has been undue delay on the part of OFCOM in—
(a)  the carrying out of their different functions; or
(b)  the transaction of business for purposes connected with the carrying out of those functions.
(2)  The court may give such directions to OFCOM as it considers appropriate for securing that the functions or business that are the subject of the application under subsection (1) shall be carried out or transacted without unnecessary further delay.
(3)  In this section "the court" means—
(a)  in England and Wales, the High Court;
(b)  in Scotland, the Court of Session; and
(c)  in Northern Ireland, the High Court."
 

After Clause 9

 

THE LORD McINTOSH OF HARINGEY

22Insert the following new Clause—
  "Duty to encourage availability of easily usable apparatus
(1)  It shall be the duty of OFCOM to take such steps, and to enter into such arrangements, as appear to them calculated to encourage others to secure—
(a)  that domestic electronic communications apparatus is developed which is capable of being used with ease and without modification by the widest possible range of individuals (including those with disabilities); and
(b)  that domestic electronic communications apparatus which is capable of being so used is as widely available as possible for acquisition by those wishing to use it.
(2)  It shall be the duty of OFCOM from time to time to review whether they need to take further steps, or to enter into further arrangements, for the purpose of performing their duty under this section.
(3)  OFCOM must not do anything under this section that would be inconsistent with the Community requirements set out in section 4.
(4)  In this section "electronic communications apparatus" means apparatus that is designed or adapted for a use which consists of or includes the sending or receiving of communications or other signals that are transmitted by means of an electronic communications network.
(5)  For the purposes of this section electronic communications apparatus is domestic electronic communications apparatus except to the extent that it is designed or adapted for use solely for the purposes of, or in connection with, a business.
(6)  In this section "signal" includes—
(a)  anything comprising speech, music, sounds, visual images or communications or data of any description; and
(b)  signals serving for the impartation of anything between persons, between a person and a thing or between things, or for the actuation or control of apparatus."
 

Clause 11

 

THE LORD McINTOSH OF HARINGEY

23Page 11, line 35, at end insert—
"(   )  At least one of the other members of the Content Board must also be a non-executive member of OFCOM other than the chairman of OFCOM."
24Page 12, line 6, leave out from beginning to second "to" in line 8
 

THE LORD GORDON OF STRATHBLANE

25Page 12, line 12, leave out subsection (8)
 

THE LORD DUBS

26Page 12, line 21, at end insert "and OFCOM shall publish the criteria it will apply in carrying out its duty under this subsection"
 

Clause 12

 

THE BARONESS HOWE OF IDLICOTE

27Page 13, line 6, after "networks" insert "including consideration of (and, where necessary, redressing) complaints under section 3(2)(g)"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

28Page 13, line 9, at end insert "; and
(c)  evaluation of how functions carried out by the Content Board on the regulator's behalf impact negatively or positively (or both) on business competitiveness within the broadcasting sector and those companies affected by the activities of the Content Board"
29Page 13, line 25, at end insert—
"(   )  In particular the Content Board must make OFCOM aware of the impact of carrying out its functions on the competitiveness of those companies affected."
 

THE BARONESS HOWE OF IDLICOTE

30Page 13, line 37, at end insert—
"(   )  The Content Board must—
(a)  as soon as practicable after the end of the period of twelve months beginning with the commencement of this section, and
(b)  as soon as practicable after the end of each subsequent period of twelve months,
  prepare a report on the carrying out of their functions in that period.
(   )  The Content Board must publish each report—
(a)  as soon as practicable after its preparation is complete; and
(b)  in such manner as they consider appropriate."
 

After Clause 12

 

THE LORD ADDINGTON
THE BARONESS BUSCOMBE
THE BARONESS WILKINS

31*Insert the following new Clause—
  "Duty to establish and maintain Disability and Older People's Advisory Board
(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 and advisory committee) to establish and maintain a committee to be known as "the Disability and Older People's Advisory Board".
(2)  The Disability and Older People's Advisory Board shall consist of—
(a)  a chairman appointed by OFCOM; and
(b)  such number of other members appointed by OFCOM as OFCOM think fit.
(3)  The chairman of the Disability and Older People's Advisory Board must be a non-executive member of OFCOM or a member of their Content Board but is not to be the chairman of OFCOM.
(4)  In appointing persons to be members of the Disability and Older People's Advisory Board OFCOM must secure that the Advisory Board are able to give informed advice about matters referable to—
(a)  the interests of persons with disabilities;
(b)  the interests of persons of pensionable age;
(c)  the development of domestic electronic communications apparatus which is capable of being used with ease and without modification by the widest possible range of individuals including those with disabilities;
(d)  the development of technologies which facilitate access by disabled or older people to electronic communications services;
(e)  telecommunications services for disabled or older people;
(f)  television and other broadcasting services for disabled or older people; and
(g)  employment and training opportunities for disabled or older people in the broadcasting and telecommunications industries.
(5)  The validity of any proceedings of the Disability and Older People's Advisory Board shall not be affected by any failure by OFCOM to comply with subsection (4).
(6)  It shall be the duty of OFCOM when appointing members of the Disability and Older People's Advisory Board in accordance with paragraph 14(3) of the Schedule to the Office of Communications Act 2002 (c. 11) (at least one member of non-advisory committee to be member or employee of OFCOM) to secure, so far as practicable, that a majority of the members of the Board (counting the chairman) consists of persons who are neither members nor employees of OFCOM.
(7)  The following shall be disqualified from being the chairman or another member of the Disability and Older People's Advisory Board—
(a)  governors and employees of the BBC;
(b)  members and employees of the Welsh Authority; and
(c)  members and employees of C4C.
(8)  Before appointing a person to be the chairman or another member of the Disability and Older People's Advisory Board, 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 Board.
(9)  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.
(10)  Every person whom OFCOM propose to appoint to be the chairman or another member of the Disability and Older People's Advisory Board, shall, whenever requested to do so by OFCOM, furnish OFCOM with any information they consider necessary for the performance of their duty under subsection (8).
(11)  In addition to paying remuneration and expenses under paragraph 14(4) of the Schedule to the Office of Communications Act 2002, OFCOM may—
(a)  pay to, or in respect of, any member of the Disability and Older People's Advisory Board who is not a member or employee of OFCOM, such sums by way of pensions, allowances or gratuities as OFCOM may determine; and
(b)  provide for the making of such payments to or in respect of any such member of the Board.
(12)  In subsection (11)—
(a)  the reference to pensions, allowances and gratuities includes a reference to similar benefits payable on death or retirement; and
(b)  the reference to providing for the payment of a pension, allowance or gratuity to, or in respect of, a person includes a reference to the making of payments towards the provision or payment of a pension, allowance or gratuity, or of any such similar benefits, to or in respect of that person."
 

THE LORD ADDINGTON
THE BARONESS WILKINS

32*Insert the following new Clause—
  "Functions of the Disability and Older People's Advisory Board
(1)  The Disability and Older People's Advisory Board shall have such functions as OFCOM, in exercise of their powers under the Schedule to the Office of Communications Act 2002 (c. 11), may confer on the Board.
(2)  The functions conferred on the Board shall include advising OFCOM or their Content Board on—
(a)  any matter affecting the needs of disabled and older people in respect of which any of OFCOM's or the Content Board's functions is exercisable, in particular—
(i)  the development of domestic electronic communications apparatus which are capable of being used with ease and without modification by the widest possible range of individuals including those with disabilities;
(ii)  the development of technologies which facilitate access by disabled or older people to electronic communications services;
(iii)  telecommunications services for disabled or older people;
(iv)  television and other broadcasting services for disabled or older people; and
(v)  employment and training opportunities for disabled or older people in the broadcasting and telecommunications industries;
  and which is referred to it by OFCOM or their Content Board or is a matter on which it considers it should offer its advice.
(3)  The functions conferred on the Board may include, to such extent and subject to such restrictions and approvals as OFCOM may determine, the carrying out on OFCOM's behalf of—
(a)  functions in relation to matters that concern the needs of disabled or older people;
(b)  functions in relation to the encouragement of the availability of easily usable domestic electronic communications apparatus; and
(c)  functions in relation to the promotion of equal employment and training opportunities for disabled people in the broadcasting industry."

 
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23 June 2003