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

House of Lords

back to previous amendments

 

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 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."
226A*Page 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—
 

"General saving for agreements containing rights or obligations established by reference to definitions contained in previous legislation

(1)      This paragraph applies where an agreement in force immediately before the coming into force of provisions of this Act which amends, revokes or repeals provisions of the 1984 Act, the 1990 Act, the 1996 Act or the Wireless Telegraphy Act 1949 or establishes rights or obligations by reference to definitions contained in those Acts.
(2)      Notwithstanding any amendment, repeal or revocation made by this Act the definitions referred to in sub-paragraph (1) shall continue to have effect in relation to the interpretation of such rights and obligations under a relevant agreement other than where specific transitional provisions applying to a relevant agreement are made under this Act."
233Page 537, line 24, at end insert—
 

"Liability for payment of charges levied by pre-commencement regulators

(1)      This paragraph has effect where an agreement entered into prior to the commencement of the Act establishes liability for payment of charges levied by pre-commencement regulators.
(2)      Subject to sub-paragraph (3) below, such liability is not to cease to have effect or be capable of being enforced only by reason of the coming into force of the provisions of this Act.
(3)      In any such case after commencement of the Act, such liability shall relate to charges levied by OFCOM rather than to charges levied by pre-commencement regulators."
 

THE LORD McINTOSH OF HARINGEY

234Page 539, line 34, leave out from "to" to "is" in line 35 and insert "his becoming subject to a direction by virtue of which he"
235Page 539, line 38, at end insert—
"(   )      In sub-paragraph (5) 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 or electronic communications service—
(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."
 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

236Page 541, line 23, leave out paragraph (d)
 

THE LORD McINTOSH OF HARINGEY

237Page 556, line 41, at end insert—
 "58A      References in paragraphs 57 and 58 to Chapter 2 of Part 5 do not include references to subsections (2) to (4) of section 382 (powers to make transitional and consequential amendments etc.)."
238Page 557, line 35, at end insert—
"(9)      Section 395 of this Act shall not apply in relation to the power of the Secretary of State to make an order under section 91(6)(a) of the Enterprise Act 2002 (c.40) as applied by virtue of sub-paragraph (7)(b) above but supplementary provisions of Part 3 of the Enterprise Act 2002 which relate to the making of an order under section 91(6)(a) of that Act shall apply in relation to the making of an order under that provision as applied by virtue of sub-paragraph (7)(b) above."
 

Schedule 19

 

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

239Page 566, leave out lines 20 to 22
240Page 566, line 23, leave out "(2) and"
 

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

241Page 566, leave out line 32
 

Clause 403

 

THE LORD McINTOSH OF HARINGEY

242Page 353, line 5, at end insert—
"(   )  An order under subsection (2) may include provision making such transitional or transitory provision, in addition to that made by Schedule 18, as the Secretary of State considers appropriate in connection with the bringing into force of any provisions of this Act; and the power to make transitional or transitory provision includes power to make—
(a)  different provision for different cases (including different provision in respect of different areas);
(b)  provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
(c)  such incidental, supplemental and consequential provision as he thinks fit."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

243Page 353, line 5, at end insert—
"(3A)  Before making an order under subsection (2) appointing a day for the coming into force of section (Restrictive covenants affecting freehold property), the Secretary of State shall consult OFCOM and such other persons as appear to the Secretary of State to be appropriate."

 
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23 June 2003