Previous Section Back to Table of Contents Lords Hansard Home Page


Lord McIntosh of Haringey moved Amendments Nos. 223 and 224:



"( ) References in this section to penalties imposed by OFCOM under provisions contained in this Act include references to penalties which the BBC is liable to pay to OFCOM by virtue of section 195(3)." .
Page 341, line 23, at end insert—


"( ) References in this section to penalties imposed by OFCOM under Part 3 of this Act include references to penalties which the BBC is liable to pay to OFCOM by virtue of section 195(3)."

2 Jul 2003 : Column 976

On Question, amendments agreed to.

[Amendment No. 224A not moved.]

Clause 396 [Regulations and orders made by OFCOM]:

Lord Evans of Temple Guiting moved Amendment No. 225:


    Page 344, line 20, leave out "a time before" and insert "no earlier than"

The noble Lord said: My Lords, this amendment has been tabled to correct an error in Clause 396. The clause sets out the procedure for Ofcom to make orders and regulations under provisions in this Bill and provisions inserted by the Bill into other Acts.

The intention of subsection (6) of this clause was always to provide for a period of at least one month for representations to be made on any proposal by Ofcom to make an order or regulation. This is to ensure that Ofcom provides an appropriate period for consultation on its proposals.

The effect of the current wording of subsection (6), however, is that the consultation period within which representations could be made must be less than one month. The adjustment we have proposed will correct this error and require a period of not less than one month, as we had intended. I beg to move.

On Question, amendment agreed to.

Schedule 17 [Minor and Consequential Amendments]:

[Amendments Nos. 226 and 226A not moved.]

Lord McIntosh of Haringey moved Amendment No. 226B:


    Page 526, line 39, leave out "cover" and insert "enable OFCOM to meet"

On Question, amendment agreed to.

Schedule 18 [Transitional Provisions]:

Lord McIntosh of Haringey moved Amendments Nos. 227 to 231:


    Page 530, line 7, at end insert—

"Savings for agreements referring to the termination of a 1984 Act licence

2A (1) This paragraph applies where a term or condition of an agreement in force immediately before the abolition of licensing provides—
(a) for the agreement, or a provision of it, to cease to have effect,
(b) for the agreement to become capable of being terminated,
(c) for a requirement to pay or repay an amount (whether liquidated or unliquidated) to arise under the agreement, or to arise earlier than it would otherwise have arisen,
(d) for a security to become enforceable, or
(e) for rights or obligations of a person under the agreement to be different or to be modified,
if a party to the agreement ceases to hold a licence under section 7 of the 1984 Act, or ceases to do so in a manner or in circumstances described in the agreement.
(2) Where a person ceases to hold a licence in consequence of the provisions of this Act removing the requirement to hold a licence under section 7 of the 1984 Act—
(a) the term or condition is not to apply; and

2 Jul 2003 : Column 977


(b) the rights and obligations of the parties to the agreement are to be the same (subject to the following sub-paragraphs) as they would have been had the person in question continued to hold such a licence.
(3) In relation to times after the abolition of licensing, that term or condition is to have effect as if the reference in that term or condition—
(a) to a person's ceasing to hold a licence under section 7 of the 1984 Act, or
(b) to his ceasing to do so in a particular manner or particular circumstances,
were a reference to his becoming subject to a direction under this Act by virtue of which he is prohibited from providing the whole or a part of an electronic communications network or electronic communications service.
(4) In sub-paragraph (3) the reference to a person's becoming subject to a direction by virtue of which he is prohibited from providing the whole or a part of an electronic communications network—
(a) does not include a reference to his becoming subject to a direction imposing a prohibition for a fixed period of less than eighteen months or to a direction that will have to be revoked if not confirmed; but
(b) except in the case of a direction imposing a prohibition for such a fixed period, does include a reference to the confirmation of a direction that would otherwise have had to be revoked.
(5) This paragraph does not apply in the case of a term or condition of an agreement if, on an application to the court by one or both of the parties to the agreement, the court directs—
(a) that this paragraph is not to apply; or
(b) that it is to apply with such modifications, or subject to the payment of such compensation, as the court may specify in the direction.
(6) In determining whether to give a direction under sub-paragraph (5) or what modifications or compensation to specify in such a direction the court must have regard to the following—
(a) whether either or both of the parties to the agreement contemplated the abolition of the licensing requirements of the 1984 Act when they entered into the agreement; and
(b) the extent (if any) to which the provisions of this paragraph represent what it would have been reasonable for the parties to have agreed had they both known at that time what provision was to be made by this Act and when it was to come into force.
(7) For the purposes of this paragraph—
(a) references to ceasing to hold a licence include references to its expiring or being revoked; and
(b) references to a licence under section 7 of the 1984 Act include references to a licence under that section of a particular description.
(8) In this paragraph "the court" means the High Court or the Court of Session.
(9) This paragraph has effect subject to paragraph 12.
Saving for agreements with special provision for 1984 Act licence holders

2B (1) This paragraph applies in a case to which paragraph 2A does not apply and in which a term or condition of an agreement in force immediately before the abolition of licensing provides for rights or obligations of a person under the agreement to be different or to be modified according to whether or not he—
(a) is or has become the holder of a licence under section 7 of the 1984 Act; or
(b) is or has become the holder of such a licence in a manner or in circumstances described in the agreement.

2 Jul 2003 : Column 978


(2) In relation to times after the abolition of licensing, that term or condition is to have effect as if the rights and obligations to which that person is entitled or subject under the agreement were, except in a case falling within sub-paragraph (3), those for which the agreement provides in the case of a person who—
(a) is or has become the holder of such a licence; or
(b) is or has become the holder of such a licence in that manner or in those circumstances.
(3) The excepted case is where that person is subject to a direction under this Act by virtue of which he is prohibited from providing the whole or a part of an electronic communications network or electronic communications service.
(4) In sub-paragraph (3) the reference to a person's being subject to a direction by virtue of which he is prohibited from providing the whole or a part of an electronic communications network—
(a) does not include a reference to his being subject to a direction imposing a prohibition for a fixed period of less than eighteen months or to a direction that will have to be revoked if not confirmed; but
(b) except in the case of a direction imposing a prohibition for such a fixed period, does include a reference to his being subject to a direction which would have had to be revoked if not confirmed but which has been confirmed.
(5) This paragraph does not apply in the case of a term or condition of an agreement if, on an application to the court by one or both of the parties to the agreement, the court directs—
(a) that this paragraph is not to apply; or
(b) that it is to apply with such modifications, or subject to the payment of such compensation, as the court may specify in the direction.
(6) In determining whether to give a direction under sub-paragraph (5) or what modifications or compensation to specify in such a direction the court must have regard to the following—
(a) whether either or both of the parties to the agreement contemplated the abolition of the licensing requirements of the 1984 Act when they entered into the agreement; and
(b) the extent (if any) to which the provisions of this paragraph represent what it would have been reasonable for the parties to have agreed had they both known at that time what provision was to be made by this Act and when it was to come into force.
(7) For the purposes of this paragraph references to a licence under section 7 of the 1984 Act include references to a licence under that section of a particular description.
(8) In this paragraph "the court" means the High Court or the Court of Session."
Page 530, line 11, after "relevant" insert "Broadcasting Act"


    Page 530, line 14, after "relevant" insert "Broadcasting Act"


    Page 530, line 16, after "relevant" insert "Broadcasting Act"


    Page 530, line 17, leave out paragraph (a).

On Question, amendments agreed to.

[Amendment No. 232 not moved.]


Next Section Back to Table of Contents Lords Hansard Home Page