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

House of Lords

back to previous amendments

 

Clause 277

 

THE BARONESS BUSCOMBE
THE LORD McNALLY
THE BARONESS HOWE OF IDLICOTE
THE LORD GORDON OF STRATHBLANE

144Page 250, line 10, leave out "repeal" and insert "modify"
145Page 250, line 10, leave out "and section 32 of the 1990 Act"
 

After Clause 277

 

THE BARONESS BUSCOMBE
THE LORD McNALLY

146Insert the following new Clause—
  "Repeal of existing nominated news provider regime
  Section 32 of the Broadcasting Act 1990 (c. 42) (nomination of bodies to provide news for regional Channel 3 services) shall cease to have effect."
 

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."
 

Clause 297

 

THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

148Page 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 vary the percentage for broadcasters for whom a target of 10 per cent would not be appropriate;"
 

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 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."
152Page 265, line 21, after "every" insert "other"
 

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."
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 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;"
 

Clause 301

 

THE LORD ADDINGTON
THE BARONESS WILKINS

157Page 267, line 40, at end insert "but he may not substitute a lower percentage"
158Page 268, line 3, 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."
 

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

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)
 

Clause 306

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD McNALLY

165Page 270, leave out lines 13 to 16 and insert—
"(b)  that the departure would not narrow the range of programmes (including in particular the diversity of music) available by way of relevant independent radio services to persons living in the area or locality for which the service is to be provided;"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

166Page 270, line 23, at end insert—
"(1B)  Before consenting to any departure from the character of the licensed service, OFCOM must publish a notification—
(a)  stating that they are proposing to consent to a departure specified in the notification;
(b)  setting out the effect of the departure;
(c)  giving their reasons for consenting to the departure; and
(d)  specifying the period within which representations may be made to OFCOM about their proposal.
(1C)  The period specified in paragraph (d) of subsection (1B) must end no less than one month after the day of the publication of the notification.
(1D)  OFCOM may give effect, with or without modifications, to a departure with respect to which they have published a notification under subsection (1B) only if—
(a)  they have considered every representation about the proposal that is made to them within the period specified in the notification; and
(b)  they have had regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.
(1E)  The publication of a notification under this section must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the notification to the attention of the persons who, in OFCOM's opinion, are likely to be affected by the departure."
 

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."

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
23 June 2003