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

House of Lords

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Clause 374

 

THE LORD McINTOSH OF HARINGEY

Page 330, line 21, leave out "newspaper" and insert "media"
Page 330, line 27, leave out "newspaper" and insert "media"
 

Clause 375

 

THE LORD McINTOSH OF HARINGEY

Page 330, line 38, at beginning insert "In"
Page 330, line 39, leave out from "cases)" to "subsections" in line 40 and insert ", for"
Page 331, line 6, leave out "either"
Page 331, line 8, leave out "or"
Page 331, line 10, at end insert "or
    (iii)  the condition mentioned in subsection (3D) was satisfied."
    Page 331, line 27, at end insert—
      "(3D)  The condition mentioned in this subsection is that, in relation to the provision of broadcasting of any description, at least one-quarter of all broadcasting of that description provided in the United Kingdom, or in a substantial part of the United Kingdom, was provided by the person or persons by whom one of the enterprises concerned was carried on."
    Page 331, line 28, after "(6)" insert "of that section"
    Page 331, line 29, leave out from "(6A)" to first "The" in line 8 on page 332
    Page 332, line 8, leave out "condition mentioned in subsection (3)(b)(ii)"" and insert "conditions mentioned in subsections (3)(b)(ii) and (iii)"
    (   )  After that section there shall be inserted—
      "59AConstruction of conditions in section 59(3C) and (3D)
      (1)  For the purpose of deciding whether the proportion of one-quarter mentioned in section 59(3C) or (3D) is fulfilled with respect to—
      (a)  newspapers of any description, or
      (b)  broadcasting of any description,
        the decision-making authority shall apply such criterion (whether value, cost, price, quantity, capacity, number of workers employed or some other criterion, of whatever nature), or such combination of criteria, as the decision-making authority considers appropriate.
      (2)  References in section 59(3C) to the supply of newspapers shall, in relation to newspapers of any description which are the subject of different forms of supply, be construed in whichever of the following ways the decision-making authority considers appropriate—
      (a)  as references to any of those forms of supply taken separately;
      (b)  as references to all those forms of supply taken together; or
      (c)  as references to any of those forms of supply taken in groups.
      (3)  For the purposes of subsection (2) the decision-making authority may treat newspapers as being the subject of different forms of supply whenever—
      (a)  the transactions concerned differ as to their nature, their parties, their terms or their surrounding circumstances; and
      (b)  the difference is one which, in the opinion of the decision-making authority, ought for the purposes of that subsection to be treated as a material difference.
      (4)  References in section 59(3D) to the provision of broadcasting shall, in relation to broadcasting of any description which is the subject of different forms of provision, be construed in whichever of the following ways the decision-making authority considers appropriate—
      (a)  as references to any of those forms of provision taken separately;
      (b)  as references to all those forms of provision taken together; or
      (c)  as references to any of those forms of provision taken in groups.
      (5)  For the purposes of subsection (4) the decision-making authority may treat broadcasting as being the subject of different forms of provision whenever—
      (a)  the transactions concerned differ as to their nature, their parties, their terms or their surrounding circumstances; and
      (b)  the difference is one which, in the opinion of the decision-making authority, ought for the purposes of that subsection to be treated as a material difference.
      (6)  The criteria for deciding when newspapers or broadcasting can be treated, for the purposes of section 59, as newspapers or broadcasting of a separate description shall be such as in any particular case the decision-making authority considers appropriate in the circumstances of that case.
      (7)  In section 59 and this section "provision" and cognate expressions have the same meaning in relation to broadcasting as in Part 3 of the Communications Act 2003; but this subsection is subject to subsections (3) and (4) of this section.""
     

    Clause 376

     

    THE LORD McINTOSH OF HARINGEY

    Page 332, line 16, leave out "or (2B)" and insert "to (2C)"
    Page 332, line 24, leave out "or (2B)" and insert "to (2C)"
     

    Clause 377

     

    THE LORD McINTOSH OF HARINGEY

    Page 332, line 37, leave out "or (2B)" and insert "to (2C)"
    Page 333, line 3, leave out "or (2B)" and insert "to (2C)"
     

    Clause 378

     

    THE LORD McINTOSH OF HARINGEY

    Page 333, line 18, leave out "newspaper" and insert "media"
    Page 333, line 20, leave out "or (2B)" and insert "to (2C)"
     

    Clause 380

     

    THE LORD McINTOSH OF HARINGEY

    Page 335, line 5, leave out "and (2B)" and insert "to (2C)"
    Page 335, line 11, leave out "and (2B)" and insert "to (2C)"
     

    Clause 383

     

    THE LORD McINTOSH OF HARINGEY

    Page 336, line 21, leave out "or (2B)" and insert "to (2C)"
    Page 336, line 28, leave out "or (2B)" and insert "to (2C)"
     

    Clause 384

     

    THE LORD McINTOSH OF HARINGEY

    Page 336, line 37, leave out "or" and insert—
      "(   )  an intervention notice which mentions any other media public interest consideration in relation to a relevant merger situation in which one of the enterprises ceasing to be distinct is a newspaper enterprise;"
    Page 336, line 39, after "(2B);" insert "or
      (   )  a special intervention notice which, in relation to a special merger situation in which one of the enterprises ceasing to be distinct is a newspaper enterprise, mentions a consideration specified in section 58(2C);"
    Page 337, line 17, at end insert—
      "(   )  In this paragraph "newspaper public interest consideration" means a media public interest consideration other than one which is such a consideration—
      (a)  by virtue of section 58(2C); or
      (b)  by virtue of having been, in the opinion of the Secretary of State, concerned with broadcasting and a consideration that ought to have been specified in section 58."
     

    Clause 385

     

    THE LORD McINTOSH OF HARINGEY

    Page 337, line 26, leave out "Part 3 of" and insert "paragraph 20A of Schedule 8 to"
     

    Clause 388

     

    THE LORD McINTOSH OF HARINGEY

    Page 338, line 39, leave out "section 278 of this Act and section 32 of the 1990 Act" and insert "sections 278 and (Disqualification from appointment as news provider)"
    Page 339, line 3, at end insert "or other media enterprises"
    Page 339, line 12, leave out "in relation to news provision" and insert "under sections 279 and 280"
    Page 339, line 13, leave out "59(6E)" and insert "59(6A)"
    Page 339, line 14, leave out "newspaper" and insert "media"
    Page 339, line 15, leave out subsection (5)
     

    Clause 407

     

    THE LORD FOWLER

    Page 359, line 14, at end insert—
    "(   )  This Act shall cease to have effect at the expiry of five years after it receives Royal Assent, unless before that time a joint committee of both Houses of Parliament has reported on the operation of this Act, and the report has been debated in both Houses."
     

    Schedule 1

     

    THE LORD McINTOSH OF HARINGEY

    Page 361, line 10, leave out paragraph (e)
     

    Schedule 13

     

    THE LORD McINTOSH OF HARINGEY

    Page 433, line 2, leave out "and" and insert—
      "(5B)      A determination or estimate for the purposes of subsection (2A) or (5) above of the share of multiplex revenue"
    Page 433, line 36, leave out "and" and insert—
      "(6B)      A determination or estimate for the purposes of subsection (2A) or (6) above of the share of multiplex revenue"
     

    Schedule 15

     

    THE LORD McINTOSH OF HARINGEY

    Page 447, line 15, leave out paragraph 17
     

    Schedule 16

     

    THE LORD McINTOSH OF HARINGEY

    Page 491, line 24, leave out "59(6E)" and insert "59(6A)"
    Page 491, line 26, leave out "59(6E)" and insert "59(6A)"
    Page 491, line 28, at end insert—
    "(   )      After the entry relating to "Anti-competitive outcome" there shall be inserted—
     "BroadcastingSection 44(8A)"
    "(   )      After the entry relating to "Market in the United Kingdom" there shall be inserted—
    "Media public interest considerationSection 44(8)""
    Page 491, leave out lines 31 and 32 and insert—
    "Newspaper enterpriseSection 58A(3)""
     

    Schedule 18

     

    THE LORD McINTOSH OF HARINGEY

    Page 558, line 42, leave out paragraph 35 and insert—
     

    "Continuity in relation to appointed news provider

     35      Where a body holds an appointment for the purposes of section 31(2) of the 1990 Act immediately before the date of the commencement of section 278 of this Act—
    (a)  that appointment shall have effect in relation to times on and after that date as an appointment for the purposes of arrangements entered into in accordance with conditions imposed under section 278 of this Act;
    (b)  the arrangements under which that appointment was made shall have effect in relation to such times as arrangements so entered into; and
    (c)  so much of the appointment or arrangements, or of any agreement to which the body is a party, as makes provision by reference to the body's ceasing to be nominated under section 32 of the 1990 Act shall have effect in relation to such times as if references to ceasing to be so nominated were references to becoming a body falling within section (Disqualification from appointment as news provider)(2) of this Act."
     

    Schedule 19

     

    THE LORD McINTOSH OF HARINGEY

    Page 574, column 2, leave out lines 29 and 30 and insert—
      "Sections 30 to 36."
    Page 580, line 7, leave out "and 75" and insert "to 76"
     

    In the Title

     

    THE LORD McINTOSH OF HARINGEY

    Line 5, leave out "newspaper mergers" and insert "mergers involving newspaper and other media enterprises"

 
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©Parliamentary copyright 2003
7 July 2003