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

House of Lords

back to previous amendments

 

After Clause 278

 

THE LORD McINTOSH OF HARINGEY

41Insert 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

42Page 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

43Page 254, line 11, leave out from "278" to end of line 12 and insert "or (Disqualification from appointment as news provider)"
44Page 254, line 14, leave out from "278" to end and insert "or (Disqualification from appointment as news provider)"
45Page 254, line 19, leave out "person" and insert "body"
 

Clause 283

 

THE LORD McINTOSH OF HARINGEY

46*Page 257, line 22, at end insert—
"(   )  A proportion is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than a significant proportion of the programmes or expenditure in question."
 

Clause 284

 

THE LORD McINTOSH OF HARINGEY

47*Page 259, line 18, at end insert—
"(   )  A proportion is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than a significant proportion of the programmes in question."
 

Clause 285

 

THE LORD McINTOSH OF HARINGEY

48*Page 260, line 15, at end insert—
"(   )  A proportion is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than a significant proportion of the programmes or expenditure in question."
 

Clause 300

 

THE LORD ADDINGTON

49Page 268, line 26, at end insert "and
(iii)  persons with a dual sensory impairment."
50Page 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 306

 

THE LORD McINTOSH OF HARINGEY

51*Page 273, line 9, leave out from second "promotion" to end of line 11 and insert ", for members of its intended audience, of the programmes included in each public service channel; and
(b)  the facilities, in the case of each such channel, for members of its intended audience to select or access the programmes included in it."
52*Page 273, line 34, at end insert—
"(   )  In this section "intended audience", in relation to a service of any description, means—
(a)  if the service is provided only for a particular area or locality of the United Kingdom, members of the public in that area or locality;
(b)  if it is provided for members of a particular community, members of that community; and
(c)  in any other case, members of the public in the United Kingdom."
 

Clause 309

 

THE LORD McINTOSH OF HARINGEY

53*Page 275, line 15, leave out "section 106(1A)" and insert "subsection (1A) of section 106"
 

THE LORD EATWELL

54Page 275, line 16, after first "a" insert "significant"
 

THE LORD McINTOSH OF HARINGEY

55*Page 275, line 17, after "licence" insert "on any of the grounds mentioned in paragraphs (b) to (d) of that subsection"
 

THE LORD EATWELL

56Page 275, line 17, leave out "must" and insert "may"
 

Clause 313

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

57*Page 278, line 14, leave out "and"
58*Page 278, line 16, at end insert "; and
(e)  every power of theirs to issue a code of practice or guidance to holders of such a licence."
59*Page 278, line 17, leave out subsection (2) and insert—
"(2)  OFCOM shall not exercise any of their Broadcasting Act powers in relation to any matter to the extent that such matter is capable of being dealt with under the Competition Act 1998 (c. 41)."
60*Page 278, line 21, leave out subsection (3)
61*Page 278, line 36, after "powers" insert "either"
62*Page 278, line 36, after "purpose" insert "or in the fulfillment of their general duties under section 3"
63*Page 279, line 10, leave out "287 to 291" and insert "261 to 311, 315 to 343;"
64*Page 279, line 16, at end insert—
  "save where, under sections 261 to 311 or 315 to 343, any such power is in fact exercised for a competition purpose."
 

After Clause 313

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

65*Insert the following new Clause—
  "Tests for setting or modifying conditions or directions
(1)  When exercising any of their Broadcasting Act powers, OFCOM must not—
(a)  set a condition or issue a direction; or
(b)  modify such a condition or direction;
  unless they are satisfied that the condition or direction or (as the case may be) the modification satisfies the test in subsection (2).
(2)  That test is that the condition, direction or modification is—
(a)  objectively justifiable in relation to the services to which it relates;
(b)  not such as to discriminate unduly against particular persons or against a particular description of persons;
(c)  proportionate to what it is intended to achieve; and
(d)  in relation to what it is intended to achieve, transparent."
 

Clause 314

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

66*Page 279, line 24, leave out from first "of" to end of line 25 and insert "the following"
67*Page 279, line 31, at end insert "; and
(d)  every condition imposed by them under or for the purposes of a broadcasting provision"
68*Page 279, line 37, leave out subsection (4)
69*Page 280, leave out lines 2 and 3
 

Clause 333

 

THE LORD McINTOSH OF HARINGEY

70Page 295, line 3, leave out "fair treatment of" and insert "equalisation of opportunities for"
 

Clause 344

 

THE LORD FOWLER
THE LORD CRICKHOWELL

71Page 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

72Leave out Clause 347
 

Clause 356

 

THE LORD McINTOSH OF HARINGEY

73*Page 313, line 44, at end insert—
"(   )  The Secretary of State may by order provide that OFCOM may also make such grants as they consider appropriate to the provider of any service of a description of service in relation to which provision is for the time being in force under section 242."
 

THE LORD McNALLY
THE VISCOUNT FALKLAND

74Page 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."
 

THE LORD McINTOSH OF HARINGEY

75*Page 313, line 45, leave out "under" and insert "by virtue of"
76*Page 314, line 2, leave out "under" and insert "by virtue of"
77*Page 314, line 6, leave out from "to" to "a" in line 7 and insert "a licence mentioned in subsection (4).
(4)  Those licences are—
(a)  a licence under Part 1 of the 1990 Act, or under Part 1 of the 1996 Act, which is granted in accordance with any provision made by an order under section 242 of this Act; and"
 

THE LORD McNALLY
THE VISCOUNT FALKLAND

78Page 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 260 of this Act."
 

THE LORD McINTOSH OF HARINGEY

79*Page 314, line 9, at end insert—
"(   )  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."
 

Clause 359

 

THE LORD McINTOSH OF HARINGEY

80Page 316, line 43, at end insert—
 ""Channel 3 licence" means a licence to provide a Channel 3 service;"
 

Clause 367

 

THE LORD McINTOSH OF HARINGEY

81*Page 326, line 45, leave out "or (4)" and insert "to (4A)"
 

Clause 368

 

THE LORD McINTOSH OF HARINGEY

82*Page 328, line 11, leave out "or (4)" and insert "to (4A)"
 

Clause 372

 

THE LORD McINTOSH OF HARINGEY

83Page 329, line 17, leave out "section 58(2)" and insert "subsection (2) of section 58"
84Page 329, line 24, after "a" insert "sufficient"
85Page 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"."

 
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©Parliamentary copyright 2003
8 July 2003