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Digital Economy Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Second Marshalled List]


 

Clause 6

 

LORD MANDELSON

Page 7, line 44, leave out from "may" to end of line and insert "by order approve it, with effect from the date given in the order."
Page 8, line 31, after "may" insert "by order"
Page 8, line 36, leave out "approval or withdrawal" and insert "order"
Page 8, line 40, leave out from beginning to end of line 3 on page 9 and insert—
"(   )  An order made by OFCOM under this section approving a code or modification must set out the code or modification.
(   )  Section 403 applies to the power of OFCOM to make an order under this section.
(   )  A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.""
 

Clause 8

 

LORD RAZZALL

 

LORD CLEMENT-JONES

Page 10, line 24, at end insert—
"(   )  that any criteria must be fully consistent with Ofcom's duties in sections 3 and 4 of the Communications Act 2003;"
Page 11, line 4, leave out "sufficiently"
Page 11, line 24, leave out ", internet service providers or" and insert "and one or more"
Page 11, leave out lines 26 and 27
 

Clause 10

 

LORD MANDELSON

Page 12, line 43, leave out "particular" and insert "some or all relevant"
Page 13, line 4, at end insert—
"(   )  A subscriber to an internet access service is "relevant" if the subscriber is a relevant subscriber to the service, within the meaning of section 124B(3), in relation to one or more copyright owners."
 

Clause 11

 

LORD MANDELSON

Page 13, line 33, at end insert—
"(   )  No order is to be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.""
 

Clause 14

 

LORD RAZZALL

 

LORD CLEMENT-JONES

Page 16, line 9, leave out "£250,000" and insert "£10,000"
 

Clause 15

 

LORD MANDELSON

Page 16, line 34, at end insert—
"(   )  Any provision specified under subsection (1) must relate to payment of contributions by one or more of the following only—
(a)  copyright owners;
(b)  internet service providers;
(c)  in relation to copyright infringement disputes or subscriber appeals within the meaning of section 124E or 124J, subscribers."
Page 17, line 7, at end insert—
"(   )  No order is to be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Clause 17

 

LORD MANDELSON

Page 18, line 19, leave out from "reducing" to end of line 22 and insert "any infringement of copyright by means of the internet if satisfied that—
(a)  the infringement is having a serious adverse effect on businesses or consumers, and
(b)  making the amendment is a proportionate way to address that effect."
Page 18, line 39, leave out from beginning to end of line 5 on page 19 and insert—
"(9)  The Secretary of State may not make an order under this section unless—
(a)  the Secretary of State has consulted the persons the Secretary of State thinks likely to be affected by the order (or persons who represent such persons) and such other persons as the Secretary of State thinks fit;
(b)  following that consultation, the Secretary of State has laid a draft order and explanatory document before Parliament in accordance with section 302B; and
(c)  the order is made in accordance with section 302C.
302BDraft order and explanatory document laid before Parliament
(1)  If, after the conclusion of the consultation required by section 302A(9), the Secretary of State considers it appropriate to proceed with the making of an order under section 302A, the Secretary of State must lay before Parliament—
(a)  a draft of the order, together with
(b)  an explanatory document.
(2)  The explanatory document must—
(a)  describe the infringement of copyright that the Secretary of State is satisfied is having a serious adverse effect on businesses or consumers;
(b)  describe the effect;
(c)  explain why the Secretary of State is satisfied that making the amendment is a proportionate way to address that effect;
(d)  give details of the consultation undertaken under section 302A(9), any representations received as a result of the consultation, and the changes (if any) made as a result of such representations.
(3)  Where a person making representations in response to consultation under section 302A(9) has requested the Secretary of State not to disclose them, the Secretary of State must not disclose them under subsection (2)(d) if or to the extent that to do so would (disregarding any connection with proceedings in Parliament) constitute a breach of confidence actionable by any person.
(4)  If information in representations made by a person in response to consultation under section 302A(9) relates to another person, the Secretary of State need not disclose the information under subsection (2)(d) if or to the extent that—
(a)  it appears to the Secretary of State that the disclosure of that information could adversely affect the interests of that other person; and
(b)  the Secretary of State has been unable to obtain the consent of that other person to the disclosure.
(5)  Subsections (3) and (4) do not affect any disclosure that is requested by, and made to, a committee of either House of Parliament charged with reporting on the draft order.
302CSuper-affirmative procedure
(1)  The Secretary of State must have regard to—
(a)  any representations,
(b)  any resolutions of either House of Parliament, and
(c)  any recommendations of a committee of either House of Parliament charged with reporting on the draft order,
  made during the 60-day period with regard to the draft order.
(2)  If, after the expiry of the 60-day period, the Secretary of State wishes to make an order in the terms of the draft, the Secretary of State must lay before Parliament a statement—
(a)  stating whether any representations were made under subsection (1)(a); and
(b)  if any representations were so made, giving details of them.
(3)  The Secretary of State may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament.
(4)  However, a committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (2) and before the draft order is approved by that House under subsection (3), recommend under this subsection that no further proceedings be taken in relation to the draft order.
(5)  Where a recommendation is made by a committee of either House under subsection (4) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (3) unless the recommendation is, in the same Session, rejected by resolution of that House.
(6)  If, after the expiry of the 60-day period, the Secretary of State wishes to make an order consisting of a version of the draft order with material changes, the Secretary of State must lay before Parliament—
(a)  a revised draft order; and
(b)  a statement giving details of any representations made under subsection (1)(a) and of the revisions proposed.
(7)  The Secretary of State may after laying a revised draft order and statement under subsection (6) make an order in the terms of the revised draft if it is approved by a resolution of each House of Parliament.
(8)  However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (6) and before it is approved by that House under subsection (7), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.
(9)  Where a recommendation is made by a committee of either House under subsection (8) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (7) unless the recommendation is, in the same Session, rejected by resolution of that House.
(10)  Subsections (3) to (5) of section 302B apply in relation to the disclosure of representations under subsections (2)(b) and (6)(b) of this section as they apply in relation to the disclosure of representations under subsection (2)(d) of that section.
(11)  For the purposes of subsections (3) and (7) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.
(12)  In this section the "60-day period" means the period of 60 days beginning with the day on which the draft order was laid before Parliament under section 302B.
(13)  In calculating the 60-day period no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days."
 

Clause 18

 

LORD MANDELSON

Page 19, line 12, leave out "an" and insert "a qualifying"
Page 19, line 18, leave out "an" and insert "a qualifying"
Page 19, line 33, leave out "an" and insert "a qualifying"
Page 19, leave out lines 37 to 39
Page 19, line 40, at the beginning insert "qualifying"
Page 19, line 41, leave out from "a" to "and" in line 42 and insert "relevant register of internet domain names"
Page 20, line 3, leave out "portal" and insert "protocol"
Page 20, line 7, leave out "an" and insert "a qualifying"
Page 20, line 11, at end insert—
 ""relevant register of internet domain names" means a register of—
(a)  the names of second level internet domains that form part of the same UK-related top level internet domain, or
(b)  the names of third level internet domains that form part of the same UK-related second level internet domain;
 "second level internet domain" means an internet domain indicated by the last two elements of an internet domain name;
 "third level internet domain" means an internet domain indicated by the last three elements of an internet domain name;
 "top level internet domain" means an internet domain indicated by the last element of an internet domain name.
(   )  An internet domain is "UK-related" if, in the opinion of the Secretary of State, the last element of its name is likely to cause users of the internet, or a class of such users, to believe that the domain and its sub-domains are connected with the United Kingdom or a part of the United Kingdom."
 

Clause 19

 

LORD MANDELSON

Page 20, line 17, leave out "an" and insert "a qualifying"
 

Clause 20

 

LORD MANDELSON

Page 22, line 6, leave out "an" and insert "a qualifying"
 

Clause 42

 

LORD CLEMENT-JONES

 

LORD RAZZALL

Page 46, line 11, leave out subsection (2) and insert—
"(   )  An authorisation under the regulations must not preclude any authorisation in favour of another authorised licensing body, and a licence under the regulations must not preclude any licence in favour of another person."

 
 
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©Parliamentary copyright 2010
13 January 2010