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Amendments to the Communications Bill

Communications Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


      The amendments have been marshalled in accordance with the Order of 18th June 2003, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 3

 

THE LORD McNALLY

1*Page 3, line 8, at end insert "with due regard to the qualifications and limitations contained in paragraph 6A of Schedule 14"
 

THE LORD McINTOSH OF HARINGEY

2Page 3, line 23, after "a" insert "sufficient"
3*Page 3, line 38, leave out "particular" and insert "all cases to—
(a)  the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; and
(b)  any other principles appearing to OFCOM to represent the best regulatory practice.
(4A)  OFCOM must also have regard, in performing those duties"
4*Page 3, line 39, at end insert—
"(   )  the desirability of promoting the fulfilment of the purposes of public service television broadcasting in the United Kingdom;"
 

THE LORD PHILLIPS OF SUDBURY
THE LORD McNALLY
THE BARONESS HOWE OF IDLICOTE
THE LORD FOWLER

5Page 3, line 39, at end insert—
"(   )  the desirability of promoting the purposes of public service broadcasting where relevant;"
 

THE LORD McINTOSH OF HARINGEY

6*Page 3, line 41, leave out paragraph (b)
7*Page 3, line 46, leave out paragraph (d)
 

Clause 16

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD THOMSON OF MONIFIETH

8*Page 18, line 5, leave out from "matter" to end
 

THE LORD RANDALL OF ST BUDEAUX

9Page 19, leave out lines 14 to 16 and insert "is not"
 

Clause 17

 

THE LORD RANDALL OF ST BUDEAUX

10Page 19, line 29, leave out "OFCOM" and insert "the Secretary of State"
11Page 19, line 30, leave out "OFCOM" and insert "the Secretary of State"
12Page 19, line 31, leave out subsection (2)
13Page 19, line 33, leave out "OFCOM" and insert "the Secretary of State"
14Page 19, line 41, leave out "OFCOM" and insert "the Secretary of State"
15Page 20, line 5, leave out "OFCOM" and insert "the Secretary of State"
16Page 20, line 18, leave out "OFCOM with the approval of"
 

Clause 18

 

THE LORD RANDALL OF ST BUDEAUX

17Page 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."
18Page 20, line 25, leave out "may make such other" and insert "is required to make"
19Page 20, line 27, leave out ", as they think fit"
 

After Clause 19

 

THE LORD McINTOSH OF HARINGEY

20*Insert the following new Clause—
  "Advisory committees for different parts of the United Kingdom
(1)  It shall be the duty of OFCOM, in accordance with the following provisions of this section, to exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002 (c. 11) (committees of OFCOM) to establish and maintain a committee for each of the following parts of the United Kingdom—
(a)  England;
(b)  Wales;
(c)  Scotland; and
(d)  Northern Ireland.
(2)  Each committee shall consist of—
(a)  a chairman appointed by OFCOM; and
(b)  such number of other members appointed by OFCOM as OFCOM think fit.
(3)  In appointing a person in accordance with this section to be a member of a committee, OFCOM must have regard to the desirability of ensuring that the person appointed is able to represent the interests and opinions, in relation to communications matters, of persons living in the part of the United Kingdom for which the committee has been established.
(4)  The function of each committee shall be to provide advice to OFCOM (including other committees established by OFCOM) about the interests and opinions, in relation to communications matters, of persons living in the part of the United Kingdom for which the committee has been established.
(5)  A committee established under this section may also, at the request of the Consumer Panel, provide advice about those interests and opinions to the Consumer Panel.
(6)  The consent of OFCOM is required for the giving of advice under subsection (5).
(7)  In this section "communications matters" has the same meaning as in section 3."
21*Insert the following new Clause—
  "Advisory committee on elderly and disabled persons
(1)  It shall be the duty of OFCOM, in accordance with the following provisions of this section, to exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002 (c.11) (committees of OFCOM) to establish and maintain a committee to provide the advice specified in this section.
(2)  The committee shall consist of—
(a)  a chairman appointed by OFCOM; and
(b)  such number of other members appointed by OFCOM as OFCOM think fit.
(3)  In appointing persons to be members of the committee, OFCOM must have regard to the desirability of ensuring that the members of the committee include—
(a)  persons who are familiar with the needs of the elderly; and
(b)  persons who are familiar with the needs of persons with disabilities.
(4)  The function of the committee shall be to provide advice to OFCOM (including other committees established by OFCOM) about the interests, in relation to communications matters, of—
(a)  the elderly; and
(b)  persons with disabilities.
(5)  The committee may also, at the request of the Consumer Panel, provide advice about those interests to the Consumer Panel.
(6)  The consent of OFCOM is required for the giving of advice under subsection (5).
(7)  In this section "communications matters" has the same meaning as in section 3."
 

Clause 25

 

THE LORD McINTOSH OF HARINGEY

22Page 24, line 21, leave out "fair treatment of" and insert "equalisation of opportunities for"
 

Clause 92

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND
THE BARONESS BUSCOMBE

23Page 89, line 2, at end insert—
"(   )  Where OFCOM receive a complaint, or otherwise become aware, that a person may be in contravention or have contravened a condition set under section 43, they shall inform that person in writing of the nature of the suspected contravention and that they are conducting an assessment of available evidence, which may lead to that person being given a notification under subsection(2)."
 

Clause 157

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND
THE BARONESS BUSCOMBE

24Page 145, line 27, at end insert—
"(   )  OFCOM shall carry out an impact assessment in line with section 7, prior to any introduction of recognised spectrum access, having due regard to the international implications of such a measure."
 

THE LORD McINTOSH OF HARINGEY

25Page 146, line 12, leave out paragraphs (b) and (c)
 

Clause 217

 

THE LORD ADDINGTON

26*Page 195, line 8, at end insert—
"(4A)  The licence must contain the conditions that OFCOM consider appropriate for securing that persons with disabilities affecting their sight or hearing or both are able, so far as practicable, to make use of the service for all the same purposes as persons without such disabilities."
 

Clause 227

 

THE LORD McINTOSH OF HARINGEY

27*Page 204, line 31, leave out subsection (6)
 

Clause 239

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

28Page 216, line 9, at end insert—
"(   )  When making an order under this section the Secretary of State shall require OFCOM to—
(a)  do what it can to sustain the availability of a digital frequency for an existing analogue Restricted Services Licences channel;
(b)  consult with existing local television channel Restricted Services Licences licencees about transitional arrangements for broadcasting on Digital Terrestrial Television in their local area; and
(c)  begin the digital local television licensing process prior to digital switch-over."
 

Clause 262

 

THE LORD LEA OF CRONDALL

29*Page 234, line 29, at end insert—
"(   )  that sufficient high quality original drama is broadcast covering a range of issues in a variety of formats;"
 

THE LORD McINTOSH OF HARINGEY

30*Page 236, line 18, at end insert "; and
  "drama" includes contemporary and other drama in a variety of different formats."
 

Clause 268

 

THE LORD PHILLIPS OF SUDBURY
THE LORD McNALLY

31*Page 241, line 7, leave out from "serious" to end of line 8
 

THE LORD McINTOSH OF HARINGEY

32*Page 242, line 23, leave out subsection (11)
 

Clause 278

 

THE LORD McINTOSH OF HARINGEY

33Page 252, line 45, leave out paragraphs (a) and (b)
34Page 253, line 3, leave out "such an appointment is made" and insert "a body is appointed as the appointed news provider"
35Page 253, line 5, leave out from beginning to "appointment" in line 6 and insert "body's finances are adequate, throughout the period of its"
36Page 253, line 9, leave out "such"
37Page 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."
38Page 253, line 12, leave out "person who" and insert "body which"
39Page 253, line 36, after "(d)" insert "or (3A)"
40Page 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."

 
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©Parliamentary copyright 2003
8 July 2003