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Amendments to the Communications Bill

Communications Bill


FOURTH
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 312 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 312

 

THE LORD GORDON OF STRATHBLANE
THE BARONESS BUSCOMBE
THE LORD SAATCHI
THE LORD BORRIE

182Page 275, line 37, leave out "unsuitable" and insert "which may be misleading, harmful or offensive"
 

Clause 314

 

THE LORD GORDON OF STRATHBLANE
THE LORD BORRIE
THE BARONESS BUSCOMBE

183Page 277, line 45, leave out "312(2)(g)" and insert "312(2)(a), (g)"
 

Clause 330

 

THE LORD ADDINGTON
THE BARONESS BUSCOMBE

184Page 290, line 11, after "of" insert "equalisation of opportunities for"
 

THE LORD McINTOSH OF HARINGEY

184APage 290, line 27, at end insert—
"(   )  The conditions imposed by virtue of this section may include provision for treating obligations to make the arrangements mentioned in subsections (1) to (3), or to do anything mentioned in subsection (4), as discharged where a member of a group of companies to which the licence holder belongs—
(a)  has made the required arrangements in relation to employment with the licence holder; or
(b)  has done anything required by subsection (4) in relation to those arrangements."
184BPage 290, line 31, leave out from beginning to "employs" in line 34 and insert—
"(b)  the requirements of both subsections (6) and (6A) are satisfied in the case of that service.
(6)  The requirements of this subsection are satisfied in the case of a service provided by a person if—
(a)  that person"
184CPage 290, line 35, leave out "persons" and insert "individuals"
184DPage 290, line 36, leave out from "of" to "on" in line 38 and insert "licensed services; or
(b)  the threshold number is exceeded by the aggregate number of individuals who are, or are likely to be, employed in that connection by members of a group of companies comprising that person and one or more other bodies corporate.
(6A)  The requirements of this subsection are satisfied in the case of a service if the licence authorising the provision of that service authorises either that service or another service authorised by that licence to be provided"
184EPage 290, line 43, at end insert—
 ""licensed service", in relation to an employee or likely employee of a person, means a service the provision of which—
(a)  by that person, or
(b)  by a body corporate which is a member of the same group of companies as that person,
       is authorised by a Broadcasting Act licence;"
184FPage 291, line 1, leave out "persons" and insert "individuals"
184GPage 291, line 2, at end insert—
"(7A)  For the purposes of this section a person is a member of a group of companies to which a person licensed to provide a service belongs if, and only if, both of them are bodies corporate and either—
(a)  one of them is controlled by the other; or
(b)  both of them are controlled by the same person.
(7B)  In subsection (7A) "controlled" has the same meaning as in Part 1 of Schedule 2 to the 1990 Act."
 

Schedule 12

185[Withdrawn]
186[Withdrawn]
 

THE LORD McINTOSH OF HARINGEY

187Page 402, line 43, leave out from "under" to end of line 45 and insert "the BBC Charter and Agreement"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

188Page 404, line 3, at end insert—
 

"Duty in relation to the promotion of programmes, channels and related services in the BBC's services

 2A   (   )   It shall be the duty of the BBC to make arrangements for securing that any rules from time to time drawn up by OFCOM to regulate the promotion of programmes, channels and related services by any person providing a licensed service are observed and applied in relation to the provision of the BBC's services in a way which achieves to the fullest and most analogous extent practicable, the effect of the rules as they are intended to apply to the provision of a licensed service.
(   )      In this paragraph "licensed service" has the same meaning as in section 309."
 

Schedule 13

 

THE LORD McINTOSH OF HARINGEY

188APage 424, line 14, after second "to" insert "television multiplex services and general"
188BPage 424, line 38, after second "to" insert "television multiplex services and general"
188CPage 426, line 32, leave out "national radio multiplex revenue" and insert "relevant multiplex services"
188DPage 426, line 41, leave out from "revenue" to "is" in line 44 and insert—
    "(a)  attributable to a person in relation to national radio multiplex services,"
188EPage 427, line 1, leave out "in any other case" and insert "attributable to a person in relation to television multiplex services or general multiplex services"
188FPage 427, line 19, leave out "national radio multiplex revenue" and insert "relevant multiplex services"
188GPage 427, line 31, leave out from "revenue" to "is" in line 34 and insert—
    "(a)  attributable to a person in relation to national radio multiplex services,"
188HPage 427, line 36, leave out "in any other case" and insert "attributable to a person in relation to general multiplex services"
 

After Clause 339

 

THE LORD McINTOSH OF HARINGEY

188JInsert the following new Clause—
  "Statement of charging principles
(1)  OFCOM are not to fix a tariff under section 4(3) or 87(3) of the 1990 Act or under section 4(3) or 43(3) of the 1996 Act (tariffs for fees payable under Broadcasting Act licences for recovering OFCOM's costs) unless—
(a)  at the time they do so, there is in force a statement of the principles that OFCOM are proposing to apply in fixing that tariff; and
(b)  the tariff is fixed in accordance with those principles.
(2)  Those principles must be such as appear to OFCOM to be likely to secure, on the basis of such estimates of the likely costs that it is practicable for them to make—
(a)  that the aggregate amount of the Broadcasting Act licence fees that are required to be paid to OFCOM during a financial year is sufficient to enable them to meet, but does not exceed, the cost to them of the carrying out during that year of their functions relating to the regulation of broadcasting;
(b)  that the requirement imposed by virtue of paragraph (a) is satisfied by the application to such fees of tariffs that are justifiable and proportionate to the matters in respect of which they are imposed; and
(c)  that the relationship between meeting the cost of carrying out those functions and the tariffs applied to such fees is transparent.
(3)  Before making or revising a statement of principles OFCOM must consult such of the persons who, in OFCOM's opinion, are likely to be affected by those principles as they think fit.
(4)  The making or revision of a statement of principles for the purposes of this section has to be by the publication of the statement, or revised statement, in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.
(5)  As soon as reasonably practicable after the end of each financial year, OFCOM must publish a statement setting out, for that year—
(a)  the aggregate amount received by them during that year in respect of Broadcasting Act licence fees required to be paid during that year;
(b)  the aggregate amount outstanding and likely to be paid or recovered in respect of Broadcasting Act licence fees that are required to be so paid; and
(c)  the cost to OFCOM of the carrying out during that year of their functions relating to the regulation of broadcasting.
(6)  Any deficit or surplus shown (after applying this subsection for all previous years) by a statement under subsection (5) shall be—
(a)  carried forward; and
(b)  taken into account in determining what is required to satisfy the requirement imposed by virtue of subsection (2)(a) in relation to the following year.
(7)  References in this section to OFCOM's functions relating to the regulation of broadcasting do not include references to any of their functions in relation to the BBC or the Welsh Authority.
(8)  In this section—
 "Broadcasting Act licence fee" means a fee required to be paid to OFCOM in pursuance of conditions included in a Broadcasting Act licence under any of the following provisions—
(a)  section 4(1)(b) or 87(1)(c) of the 1990 Act; or
(b)  section 4(1)(b) or 43(1)(c) of the 1996 Act;
 "financial year" means a period of twelve months ending with 31st March."
 

Before Clause 340

 

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

189Insert the following new Clause—
  "Media plurality public interest consideration
(1)  Section 58 of the Enterprise Act 2002 (c. 40) (specified considerations) shall be amended as follows.
(2)  After subsection (2B) (which is inserted by section 368 of this Act) there shall be inserted—
    "(2C)  The public interest in the promotion and maintenance—
    (a)  of a plurality of media owners committed to a balanced and impartial presentation of news and to a balanced presentation of comment, and
    (b)  of a wide range of voices such as to satisfy a variety of tastes and interests
      is specified in this section."
(3)  In subsection (3), after the words "any consideration", there shall be inserted "(other than the consideration specified in subsection (2C))"."
190Insert the following new Clause—
  "Adaptation of role of OFT in initial investigations and reports
(1)  Section 44 of the Enterprise Act 2002 (c. 40) (investigation and report by OFT in public interest cases) shall be amended as follows.
(2)  After the words "newspaper public interest consideration" (which are inserted by section 369(1) of this Act) there shall be inserted "and the media plurality public interest consideration".
(3)  After subsection (5A) (which is inserted by section 369(2) of this Act) there shall be inserted—
    "(5B)  The report may, in particular, contain a summary of any representations about the case which have been received by the OFT and which relate to the media plurality public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45."
(4)  After subsection (7) there shall be inserted—
    "(7A)  In this Part "media plurality public interest consideration" means any consideration which is specified in section 58(2C).
    (7B)  In this Part—
     "media owners" means persons—
    (a)  holding broadcasting licences under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003,
    (b)  controlling bodies corporate for the purposes of Schedule 2 to the Broadcasting Act 1990, or
    (c)  carrying on an enterprise which is supplying newspapers of any description; and
     "voices" means views and opinions represented to a significant degree in the media."."
191Insert the following new Clause—
  "Additional investigation and report by OFCOM: media plurality public interest cases
  After section 61A of the Enterprise Act 2002 (c. 40) (additional investigation and report by OFCOM: certain newspaper mergers) (which is inserted by section 373 of this Act) there shall be inserted—
    "61BAdditional investigation and report by OFCOM: media plurality mergers
    (1)  Subsection (2) applies where—
    (a)  the Secretary of State has given an intervention notice in relation to a relevant merger situation; and
    (b)  the intervention notice mentions the media plurality public interest consideration.
    (2)  OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration or considerations concerned on the case.
    (3)  The report shall contain—
    (a)  advice and recommendations which are or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45; and
    (b)  a summary of any representations about the case which have been received by OFCOM and which relate to any such consideration.
    (4)  OFCOM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this section."
192Insert the following new Clause—
  "Enforcement powers in relation to media mergers
  In Schedule 8 to the Enterprise Act 2002 (c. 40) (provision that may be contained in certain enforcement orders) after paragraph 20A (which is inserted by section 380 of this Act) there shall be inserted—

 
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2 July 2003