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Amendment Paper as at
Monday 14th July 2003

CONSIDERATION OF LORDS AMENDMENTS


New Amendments handed in are marked thus *

COMMUNICATIONS BILL

On Consideration of Lords Amendments to the Communication [Lords] Bill


Lords Amendment No. 1

   

Secretary Tessa Jowell

To move, That this House disagrees with the Lords in their Amendment.

   


Secretary Tessa Jowell
To move the following Amendments to the Bill in lieu of the Lords Amendment:—

   

Secretary Tessa Jowell

(a)

Page     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) to further the interests of consumers in relevant markets, where appropriate by promoting competition.'.

   

Secretary Tessa Jowell

(b)

Page     4,     line     22,     at end insert—

    '(6A)   Where OFCOM resolve a conflict in an important case between their duties under paragraphs (a) and (b) of subsection (1), they must publish a statement setting out—

(a) the nature of the conflict;

(b) the manner in which they have decided to resolve it; and

(c) the reasons for their decision to resolve it in that manner.

    (6B)   Where OFCOM are required to publish a statement under subsection (6A), they must—

(a) publish it as soon as possible after making their decision but not while they would (apart from a statutory requirement to publish) be subject to an obligation not to publish a matter that needs to be included in the statement; and

(b) so publish it in such manner as they consider appropriate for bringing it to the attention of the persons who, in OFCOM's opinion, are likely to be affected by the matters to which the decision relates.'.

   

Secretary Tessa Jowell

(c)

Page     4,     line     27,     after 'subsection' insert '(6A) or'.


Lords Amendment No. 3

   

Secretary Tessa Jowell
To move, That this House disagrees with the Lords in their Amendment.

   

Secretary Tessa Jowell
To move the following Amendment to the Bill in lieu of the Lords Amendment:—

   

Secretary Tessa Jowell

(a)

Page     3,     line     42,     at end insert—

'( ) the desirability of encouraging the availability and use of high speed data transfer services throughout the United Kingdom;'.


Lords Amendment No. 42

   

Secretary Tessa Jowell
To move, That this House disagrees with the Lords in their Amendment.

   

Secretary Tessa Jowell
To move the following Amendment to the Bill in lieu of the Lords Amendment:—

   

Secretary Tessa Jowell

(a)

Page     268,     line     10,     at end insert the following Clause:—

    'Assistance for the visually impaired with the public teletext service

       The regulatory regime for the public teletext service includes the conditions that OFCOM consider appropriate for securing, so far as it is reasonable and practicable, by the inclusion of features in that service, to do so, that persons with disabilities affecting their sight are able to make use of the service.'.


Lords Amendment No. 72

   

Secretary Tessa Jowell
To move the following consequential Amendments to the Bill:—

   

Secretary Tessa Jowell

(a)

Page     264,     line     40,     leave out 'and'.

   

Secretary Tessa Jowell

(b)

Page     264,     line     41,     at end insert 'and'.

   

Secretary Tessa Jowell

(c)

Page     266,     line     42,     leave out 'or (ii)' and insert ',(ii) or (iii)'

   

Secretary Tessa Jowell

(d)

Page     267,     line     1,     leave out 'and'.

   

Secretary Tessa Jowell

(e)

Page     267,     line     2,     at end insert 'and

(c)  persons with a dual sensory impairment,'.


Lords Amendment No. 115

   

Secretary Tessa Jowell
To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 116

   

Secretary Tessa Jowell
To move, That this House disagrees with the Lords in their Amendment.

   

Secretary Tessa Jowell
To move the following Amendments to the Bill in lieu of Lords Amendments Nos. 115 and 116:—

   

Secretary Tessa Jowell

(a)

Page     275,     line     37,     leave out paragraph (g) and insert—

'(fa) that advertising that contravenes the prohibition on political advertising set out in section 314(2) is not included in television or radio services;

(g) that the inclusion of advertising which may be misleading, harmful or offensive in television and radio services is prevented;

(ga) that the international obligations of the United Kingdom with respect to advertising included in television and radio services are complied with;'.

   

Secretary Tessa Jowell

(b)

Page     277,     line     45,     leave out '(g) and' and insert '(a) and (fa) to'.

   

Secretary Tessa Jowell

(c)

Page     278,     line     4,     leave out from beginning to "advertisement" in line 6 and insert—

    '(2)   For the purposes of section 312(2)(fa) an advertisement contravenes the prohibition on political advertising if it is—

(a) an'.

   

Secretary Tessa Jowell

(d)

Page     278,     line     8,     leave out 'any' and insert 'an'.

   

Secretary Tessa Jowell

(e)

Page     278,     line     9,     leave out 'any' and insert 'an'.


Lords Amendment No. 130

   

Secretary Tessa Jowell
To move, That this House disagrees with the Lords in their Amendment.

   

Secretary Tessa Jowell
To move the following Amendments to the Bill in lieu of the Lords Amendment—

   

Secretary Tessa Jowell

(a)

Page     295,     line     10,     leave out subsections (2) and (3) and insert—

    '( )   In sub-paragraph (1) of paragraph 2 of that Part (disqualification of religious bodies etc.), for the words before paragraph (a) there shall be substituted—

"2 (1) The following persons are disqualified persons in relation only to licences falling within sub-paragraph (1A)—"

    ( )   For sub-paragraphs (2) and (3) of that paragraph there shall be substituted—

 "(1A) A licence falls within this sub-paragraph if it is—

(a)   a Channel 3 licence;

(b)   a Channel 5 licence;

(c)   a national sound broadcasting licence;

(d)   a public teletext licence;

(e)   an additional television service licence;

(f)   a television multiplex licence; or

(g)   a radio multiplex licence.

(1B) In this paragraph—

      'additional television service licence' means a licence under Part 1 of this Act to provide an additional television service within the meaning of Part 3 of the Communications Act 2003;

      'Channel 3 licence' and 'Channel 5 licence' each has the same meaning as in Part 1 of this Act;

      'national sound broadcasting licence' means a licence to provide a sound broadcasting service (within the meaning of Part 3 of this Act) which is a national service (within the meaning of that Part);

      'public teletext licence' means a licence to provide the public teletext service (within the meaning of Part 3 of the Communications Act 2003);

      'radio multiplex licence' means a licence under Part 2 of the Broadcasting Act 1996 to provide a radio multiplex service within the meaning of that Part; and

      'television multiplex licence' means a licence under Part 1 of the Broadcasting Act 1996 to provide a television multiplex service within the meaning of that Part."'.

   

Secretary Tessa Jowell

(b)

Page     296,     line     28,     leave out 'or 2A'.

   

Secretary Tessa Jowell

(c)

Page     296,     line     29,     leave out 'or both of them'.

   

Secretary Tessa Jowell

(d)

Page     296,     line     30,     leave out 'either or both of those paragraphs' and insert 'that paragraph and any enactment referring to it.'.

   

Secretary Tessa Jowell

(e)

Page     298,     line     3,     after 'Act' insert 'and requires approval for the holding of certain licences by religious bodies etc.'.

   

Secretary Tessa Jowell

(f)

Page     436,     line     3,     at end insert—

'Part 3A

Religious bodies etc.

Approval required for religious bodies etc. to hold licences

14A (1) A person mentioned in paragraph 2(1) of Part 2 of Schedule 2 to the 1990 Act (religious bodies etc.) is not to hold a Broadcasting Act licence not mentioned in paragraph 2(1A) of that Part unless—

(a)   OFCOM have made a determination in his case as respects a description of licences applicable to that licence; and

(b)   that determination remains in force.

(2) OFCOM are to make a determination under this paragraph in a person's case and as respects a particular description of licence if, and only if, they are satisfied that it is appropriate for that person to hold a licence of that description.

(3) OFCOM are not to make a determination under this paragraph except on an application made to them for the purpose.

(4) OFCOM must publish guidance for persons making applications to them under this paragraph as to the principles that they will apply when determining for the purposes of sub-paragraph (2) what is appropriate.

(5) OFCOM must have regard to guidance for the time being in force under sub-paragraph (4) when making determinations under this paragraph.

(6) OFCOM may revise any guidance under sub-paragraph (4) by publishing their revisions of it.

(7) The publication of guidance under sub-paragraph (4), or of any revisions of it, is to be in whatever manner OFCOM consider appropriate.

Power to amend Part 3A of Schedule

 14B The Secretary of State may by order repeal or otherwise modify the restriction imposed by this Part of this Schedule.'.

 
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Prepared 14 Jul 2003