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Amendments to the Communications Bill

Communications Bill


AMENDMENTS
TO BE MOVED
ON THIRD READING


 

Clause 3

 

THE LORD McNALLY

Page 3, line 8, at end insert "with due regard to the qualifications and limitations contained in Schedule 14"
 

THE LORD McINTOSH OF HARINGEY

Page 3, line 23, after "a" insert "sufficient"
 

THE LORD PHILLIPS OF SUDBURY
THE LORD McNALLY

Page 3, line 39, at end insert—
"(   )  the desirability of promoting the purposes of public service broadcasting where relevant;"
 

Clause 16

 

THE LORD RANDALL OF ST BUDEAUX

Page 19, leave out lines 14 to 16 and insert "is not"
 

Clause 17

 

THE LORD RANDALL OF ST BUDEAUX

Page 19, line 29, leave out "OFCOM" and insert "the Secretary of State"
Page 19, line 30, leave out "OFCOM" and insert "the Secretary of State"
Page 19, line 31, leave out subsection (2)
Page 19, line 33, leave out "OFCOM" and insert "the Secretary of State"
Page 19, line 41, leave out "OFCOM" and insert "the Secretary of State"
Page 20, line 5, leave out "OFCOM" and insert "the Secretary of State"
Page 20, line 18, leave out "OFCOM with the approval of"
 

Clause 18

 

THE LORD RANDALL OF ST BUDEAUX

Page 20, line 22, leave out subsection (1) and insert—
"(1)  The Consumer Panel is required to monitor the effectiveness of OFCOM's performance on behalf of consumers and to report on their findings on an annual basis; and such reports will be publicly available.
(1A)  The Consumer Panel shall, as soon as practicable after the appointed day, establish advisory bodies for matters affecting England, Scotland, Wales and Northern Ireland respectively; and each body so established shall consist of such members as they may from time to time appoint.
(1B)  In establishing a body under section (1A) above, the Consumer Panel shall have regard to the desirability of having members who are familiar with the special requirements and circumstances of the part of the United Kingdom concerned (including, in particular, the special requirements and circumstances of consumers, purchasers and other users in that part of communication services and communication apparatus).
(1C)  Subject to subsection (1A) above, the Consumer Panel may establish such advisory bodies as they think fit consisting in each case of such members as they may from time to time appoint.
(1D)  Without prejudice to their power under subsection (1C) above, the Consumer Panel shall, as soon as practicable after the appointed day, establish an advisory body for matters affecting small businesses."
Page 20, line 25, leave out "may make such other" and insert "is required to make"
Page 20, line 27, leave out ", as they think fit"
 

Clause 278

 

THE LORD McINTOSH OF HARINGEY

Page 252, line 45, leave out paragraphs (a) and (b)
Page 253, line 3, leave out "such an appointment is made" and insert "a body is appointed as the appointed news provider"
Page 253, line 5, leave out from beginning to "appointment" in line 6 and insert "body's finances are adequate, throughout the period of its"
Page 253, line 9, leave out "such"
Page 253, line 9, at end insert—
"(3A)  The conditions imposed under this section must include the conditions that OFCOM consider appropriate for securing that arrangements maintained between—
(a)  the holders of regional Channel 3 licences, and
(b)  the body which is the appointed the news provider,
  ensure that that body is subject to an obligation, enforceable by OFCOM, to provide OFCOM with all such information as they may require for the purpose of carrying out their functions."
Page 253, line 12, leave out "person who" and insert "body which"
Page 253, line 36, after "(d)" insert "or (3A)"
Page 253, line 37, at end insert—
"(   )  Section 32 of the 1990 Act (nomination of bodies eligible for appointment as news providers) shall cease to have effect."
 

After Clause 278

 

THE LORD McINTOSH OF HARINGEY

Insert the following new Clause—
  "Disqualification from appointment as news provider
(1)  The regulatory regime for every regional Channel 3 service includes the conditions that OFCOM consider appropriate for securing—
(a)  that a body is not appointed as the appointed news provider if it falls within subsection (2); and
(b)  that the appointment of a body as the appointed news provider ceases to have effect if it becomes a body falling within that subsection.
(2)  A body falls within this subsection if—
(a)  it is a disqualified person under Part 2 of Schedule 2 to the 1990 Act in relation to a Channel 3 licence; or
(b)  there would be a contravention of Part 1 of Schedule 14 to this Act (whether by that body or by another person) if that body held a licence to provide a Channel 3 service, or held a licence to provide such a service for a particular area for which such a service is provided."
 

Clause 279

 

THE LORD McINTOSH OF HARINGEY

Page 253, line 40, leave out from "repeal" to end of line and insert "or otherwise modify any of the provisions of section 278 or (Disqualification from appointment as news provider)"
 

Clause 280

 

THE LORD McINTOSH OF HARINGEY

Page 254, line 11, leave out from "278" to end of line 12 and insert "or (Disqualification from appointment as news provider)"
Page 254, line 14, leave out from "278" to end of line 12 and insert "or (Disqualification from appointment as news provider)"
Page 254, line 19, leave out "person" and insert "body"
 

Clause 300

 

THE LORD ADDINGTON

Page 268, line 26, at end insert—
"(iii)  persons with a dual sensory impairment."
Page 269, line 16, at end insert—
"(5A)  The code must require that, so far as practicable, persons providing audio-description under this section provide this assistance in such a way that it reaches users of the service in an intelligible form."
 

Clause 309

 

THE LORD EATWELL

Page 275, line 16, after first "a" insert "significant"
Page 275, line 17, leave out "must" and insert "may"
 

Clause 344

 

THE LORD FOWLER

Page 301, line 28, at end insert "only in relation to individuals and bodies corporate domiciled in countries which offer full reciprocal arrangements for British individuals and bodies corporate to own radio and television services."
 

Clause 347

 

THE LORD McINTOSH OF HARINGEY

Leave out Clause 347
 

Clause 356

 

THE LORD McNALLY
THE VISCOUNT FALKLAND

Page 313, line 44, at end insert—
"(1A)  The Secretary of State may by order extend the provisions of this section to include the provider of any service in relation to which provision is for the time being in force under section 242 provided that such a service is not run for commercial purposes.
(1B)  No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
Page 314, line 6, leave out from "to" to end of line 9 and insert "a licence which is granted in accordance with any provision made by an order under section 242 or section 260 of this Act."
 

Clause 359

 

THE LORD McINTOSH OF HARINGEY

Page 316, line 43, at end insert—
 ""Channel 3 licence" means a licence to provide a Channel 3 service;"
 

Clause 372

 

THE LORD McINTOSH OF HARINGEY

Page 329, line 17, leave out "section 58(2)" and insert "subsection (2) of section 58"
Page 329, line 24, after "a" insert "sufficient"
Page 329, line 27, at end insert—
    "(2C)  The following are specified in this section—
    (a)  the need, in relation to every different audience in the United Kingdom or in a particular area or locality of the United Kingdom, for there to be a sufficient plurality of persons with control of the media enterprises serving that audience;
    (b)  the need for the availability throughout the United Kingdom of a wide range of broadcasting which (taken as a whole) is both of high quality and calculated to appeal to a wide variety of tastes and interests; and
    (c)  the need for persons carrying on media enterprises, and for those with control of such enterprises, to have a genuine commitment to the attainment in relation to broadcasting of the standards objectives set out in section 315 of the Communications Act 2003."
(2)  After that section there shall be inserted, in Chapter 2 of Part 3—
    "58AConstruction of consideration specified in section 58(2C)
    (1)  For the purposes of section 58 and this section an enterprise is a media enterprise if it consists in or involves broadcasting.
    (2)  In the case of a merger situation in which at least one of the enterprises ceasing to be distinct consists in or involves broadcasting, the references in section 58(2C)(a) or this section to media enterprises include references to newspaper enterprises.
    (3)  In this Part "newspaper enterprise" means an enterprise consisting in or involving the supply of newspapers.
    (4)  Wherever in a merger situation two media enterprises serving the same audience cease to be distinct the number of such enterprises serving that audience shall be assumed to be more immediately before they cease to be distinct than it is afterwards.
    (5)  For the purposes of section 58 where two or more media enterprises—
    (a)  would fall to be treated as under common ownership or common control for the purposes of section 26, or
    (b)  are otherwise in the same ownership or under the same control,
      they shall be treated (subject to subsection (4)) as all under the control of only one person.
    (6)  A reference in section 58 or this section to an audience shall be construed in relation to a media enterprise in whichever of the following ways the decision-making authority considers appropriate—
    (a)  as a reference to any one of the audiences served by that enterprise, taking them separately;
    (b)  as a reference to all the audiences served by that enterprise, taking them together;
    (c)  as a reference to a number of those audiences taken together in such group as the decision-making authority considers appropriate; or
    (d)  as a reference to a part of anything that could be taken to be an audience under any of paragraphs (a) to (c) above.
    (7)  The criteria for deciding who can be treated for the purposes of this section as comprised in an audience, or as comprised in an audience served by a particular service—
    (a)  shall be such as the decision-making authority considers appropriate in the circumstances of the case; and
    (b)  may allow for persons to be treated as members of an audience if they are only potentially members of it.
    (8)  In this section "audience" includes readership.
    (9)  The power under subsection (3) of section 58 to modify that section includes power to modify this section."
(2)  In section 127(1) of that Act (associated persons to be treated as one person), for the word "and" at the end of paragraph (a) there shall be substituted—
    "(aa)  for the purposes of section 58(2C); and"."
 

Clause 373

 

THE LORD McINTOSH OF HARINGEY

Page 329, line 32, leave out "newspaper" and insert "media"
Page 329, line 36, leave out "newspaper" and insert "media"
Page 330, line 4, leave out "newspaper" and insert "media"
Page 330, line 7, leave out "or (2B)" and insert "to (2C)"
Page 330, line 8, at end insert "broadcasting or"
Page 330, line 9, at end insert—
    "(8A)  In this Part "broadcasting" means the provision of services the provision of which—
    (a)  is required to be licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996; or
    (b)  would be required to be so licensed if provided by a person subject to licensing under the Part in question."
Page 330, line 13, leave out "subsection" and insert "subsections (8A) and"

 
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7 July 2003