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

House of Lords

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Clause 373

 

THE LORD McINTOSH OF HARINGEY

86Page 329, line 32, leave out "newspaper" and insert "media"
87Page 329, line 36, leave out "newspaper" and insert "media"
88Page 330, line 4, leave out "newspaper" and insert "media"
89Page 330, line 7, leave out "or (2B)" and insert "to (2C)"
90Page 330, line 8, at end insert "broadcasting or"
91Page 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."
92Page 330, line 13, leave out "subsection" and insert "subsections (8A) and"
 

Clause 374

 

THE LORD McINTOSH OF HARINGEY

93Page 330, line 21, leave out "newspaper" and insert "media"
94Page 330, line 27, leave out "newspaper" and insert "media"
 

Clause 375

 

THE LORD McINTOSH OF HARINGEY

95Page 330, line 38, at beginning insert "In"
96Page 330, line 39, leave out from "cases)" to "subsections" in line 40 and insert ", for"
97Page 331, line 6, leave out "either"
98Page 331, line 8, leave out "or"
99Page 331, line 10, at end insert "or
(iii)  the condition mentioned in subsection (3D) was satisfied."
100Page 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.""
101Page 331, line 28, after "(6)" insert "of that section"
102Page 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

103Page 332, line 16, leave out "or (2B)" and insert "to (2C)"
104Page 332, line 24, leave out "or (2B)" and insert "to (2C)"
 

Clause 377

 

THE LORD McINTOSH OF HARINGEY

105Page 332, line 37, leave out "or (2B)" and insert "to (2C)"
106Page 333, line 3, leave out "or (2B)" and insert "to (2C)"
 

Clause 378

 

THE LORD McINTOSH OF HARINGEY

107Page 333, line 18, leave out "newspaper" and insert "media"
108Page 333, line 20, leave out "or (2B)" and insert "to (2C)"
 

Clause 380

 

THE LORD McINTOSH OF HARINGEY

109Page 335, line 5, leave out "and (2B)" and insert "to (2C)"
110Page 335, line 11, leave out "and (2B)" and insert "to (2C)"
 

Clause 383

 

THE LORD McINTOSH OF HARINGEY

111Page 336, line 21, leave out "or (2B)" and insert "to (2C)"
112Page 336, line 28, leave out "or (2B)" and insert "to (2C)"
 

Clause 384

 

THE LORD McINTOSH OF HARINGEY

113Page 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;"
114Page 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);"
115Page 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

116Page 337, line 26, leave out "Part 3 of" and insert "paragraph 20A of Schedule 8 to"
 

Clause 388

 

THE LORD McINTOSH OF HARINGEY

117Page 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)"
118Page 339, line 3, at end insert "or other media enterprises"
119Page 339, line 12, leave out "in relation to news provision" and insert "under sections 279 and 280"
120Page 339, line 13, leave out "59(6E)" and insert "59(6A)"
121Page 339, line 14, leave out "newspaper" and insert "media"
122Page 339, line 15, leave out subsection (5)
 

Clause 402

 

THE LORD McINTOSH OF HARINGEY

123*Page 352, line 42, at end insert—
  ""purposes of public service television broadcasting in the United Kingdom" shall be construed in accordance with subsection (4) of section 262 and subsections (5) and (6) of that section shall apply for the purposes of any provision of this Act referring to such purposes as they apply for the purposes of a report under that section;"
 

After Clause 405

 

THE LORD McINTOSH OF HARINGEY

124Insert the following new Clause—
  "Modifications consequential on regulations implementing Directives
(1)  This section applies if it appears to the Secretary of State that regulations under section 2 of the European Communities Act 1972 (c. 68) for giving effect to Community obligations imposed by the Communications Directives have come into force before the passing of this Act.
(2)  The Secretary of State may by order—
(a)  repeal any relevant provision of this Act which appears to him to be unnecessary, or to have become spent, in consequence of the regulations;
(b)  make such other modifications of the relevant provisions of this Act as he considers appropriate in consequence of the regulations;
(c)  revoke provision made by the regulations; and
(d)  make transitory or transitional provision in relation to anything done by or under the regulations.
(3)  The Secretary of State's power under this section includes power to make consequential amendments of enactments not contained in this Act.
(4)  In this section—
 "the Communications Directives" means—
(a)  the Access Directive, that is to say, Directive 2002/19/EC of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities;
(b)  the Authorisation Directive, that is to say, Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services;
(c)  the Framework Directive, that is to say, Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services;
(d)  the Universal Service Directive, that is to say, Directive 2002/22/EC of the European Parliament and of the Council on universal service and users' rights relating to electronic communications networks and services;
 "relevant provision of this Act" means a provision contained in—
(a)   Part 1, 2 or 6; or
(b)  Chapter 1 of Part 5.
(5)  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 407

 

THE LORD FOWLER

125Page 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

126Page 361, line 10, leave out paragraph (e)
 

Schedule 11

 

THE LORD McINTOSH OF HARINGEY

127*Page 406, line 37, at end insert—
    "(   )   Where the defaulter is a partnership constituted under the law of Scotland, the power of the court to punish the defaulter includes power to punish a member of the partnership."

 
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©Parliamentary copyright 2003
8 July 2003