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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the First Marshalled List]


 

Clause 330

 

THE LORD McINTOSH OF HARINGEY

Page 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."
Page 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"
Page 290, line 35, leave out "persons" and insert "individuals"
Page 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"
Page 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;"
Page 291, line 1, leave out "persons" and insert "individuals"
Page 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 13

 

THE LORD McINTOSH OF HARINGEY

Page 424, line 14, after second "to" insert "television multiplex services and general"
Page 424, line 38, after second "to" insert "television multiplex services and general"
Page 426, line 32, leave out "national radio multiplex revenue" and insert "relevant multiplex services"
Page 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,"
Page 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"
Page 427, line 19, leave out "national radio multiplex revenue" and insert "relevant multiplex services"
Page 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,"
Page 427, line 36, leave out "in any other case" and insert "attributable to a person in relation to general multiplex services"
 

Clause 350

 

THE LORD McINTOSH OF HARINGEY

Page 306, line 37, leave out subsections (2) and (3)
 

Schedule 15

 

THE LORD McINTOSH OF HARINGEY

Page 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."."
Page 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";"
Page 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"."
Page 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.""
Page 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"."
Page 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 15) 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.""
Page 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 15) 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.""
     

    Clause 394

     

    THE LORD ALLI

    Page 343, line 10, at end insert—
    "(   )  Ofcom shall prepare a statement under this section for the consent of the Treasury no later than 18 months after Royal Assent."
     

    Schedule 19

     

    THE LORD McINTOSH OF HARINGEY

    Page 566, column 2, leave out lines 12 to 14
    Page 568, line 45, column 2, at end insert—
      "In section 56(1)(a)(i), the words "to which the licence relates"."

 
 
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©Parliamentary copyright 2003
24 June 2003