Session 2016-17
Internet Publications
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Notices of Amendments: 14 November 2016                  

8

 

Digital Economy Bill, continued

 
 

(13)    

In paragraph 1 of Schedule 9—

 

(a)    

after paragraph 1(1)(a) insert—

 

“(aa)    

that a data controller has contravened or is contravening

 

any provision of section 24A, 24B or 24C, or”;

 

(b)    

in paragraph 1(1B) after “principles” insert “or section 24A, 24B

 

or 24C”;

 

(c)    

in paragraph (3)(d)(ii) after “principles” insert “or section 24A,

 

24B or 24C”;

 

(d)    

in paragraph (3)(f) after “principles” insert “or section 24A, 24B

 

or 24C.””

 

Member’s explanatory statement

 

This new clause seeks to create a general obligation on data controllers to notify the Information

 

Commissioner and data subjects in the event of a breach of personal data security. The proposed

 

obligation is similar to that imposed on electronic communication service providers by the Privacy

 

and Electronic Communications (EC Directive) Regulations 2003.

 


 

Louise Haigh

 

Kevin Brennan

 

NC6

 

Parliamentary Star    

To move the following Clause—

 

         

“Code of practice: accessibility to on-demand audiovisual services for people

 

with disabilities affecting hearing and/or sight

 

(1)    

It shall be the duty of Ofcom to draw up, and from time to time to review and

 

revise, a code giving guidance as to—

 

(a)    

the extent to which on-demand audiovisual services should promote the

 

understanding and enjoyment by—

 

(i)    

persons who are deaf or hard of hearing,

 

(ii)    

persons who are blind or partially-sighted, and

 

(iii)    

persons with a dual sensory impairment,

 

    

of the programmes to be included in such services; and

 

(b)    

the means by which such understanding and enjoyment should be

 

promoted.

 

(2)    

The code must include provision for securing that every provider of a service to

 

which this section applies ensures that adequate information about the assistance

 

for disabled people that is provided in relation to that service is made available to

 

those who are likely to want to make use of it.

 

(3)    

In complying with subsection (1) Ofcom must conduct a public consultation to

 

inform Ofcom’s determination of the elements of the code.

 

(4)    

In complying with subsection (1), Ofcom must have regard, in particular, to—

 

(a)    

the extent of the benefit which would be conferred by the provision of

 

assistance for disabled people in relation to the programmes;

 

(b)    

the size of the intended audience for the programmes;

 

(c)    

the number of persons who would be likely to benefit from the assistance

 

and the extent of the likely benefit in each case;

 

(d)    

the extent to which members of the intended audience for the

 

programmes are resident in places outside the United Kingdom;

 

(e)    

the technical difficulty of providing the assistance; and


 
 

Notices of Amendments: 14 November 2016                  

9

 

Digital Economy Bill, continued

 
 

(f)    

the cost, in the context of the matters mentioned in paragraphs (a) to (e),

 

of providing the assistance.

 

(5)    

The code must set out the descriptions of programmes that Ofcom considers

 

should be excluded programmes for the purposes of the requirement contained in

 

that subsection or paragraph.

 

(6)    

The code shall make provisions about the meeting of obligations established,

 

including by allocating relevant responsibilities between—

 

(a)    

broadcasters;

 

(b)    

platform operators; and

 

(c)    

any other provider or purveyor of programmes or programme services.

 

(7)    

For the purpose of subsection (1) a service is an on-demand audiovisual

 

programme if it falls within the definition given in section 368A (Meaning of “on-

 

demand programme service”) of the Communications Act 2003 (as inserted by

 

the Audiovisual Media Service Regulations 2009).”

 


 

Louise Haigh

 

Kevin Brennan

 

NC7

 

Parliamentary Star    

To move the following Clause—

 

         

“Bill limits for all mobile phone contracts

 

(1)    

A telecommunications service provider supplying a contract relating to a hand-

 

held mobile telephone must, at the time of entering into such a contract, allow the

 

end-user the opportunity to place a financial cap on the monthly bill under that

 

contract.

 

(2)    

A telecommunications service provider under subsection (1) must not begin to

 

supply a contracted service to an end-user unless the end-user has either—

 

(a)    

requested the monthly cap be put in place and agreed the amount of that

 

cap, or

 

(b)    

decided, on a durable medium, not to put a monthly cap in place.

 

(3)    

The end-user should bear no cost for the supply of any service above the cap if

 

the provider has—

 

(a)    

failed to impose a cap agreed under subsection (2)(a);

 

(b)    

introduce, or amend, a cap following the end-user’s instructions under

 

subsection (2)(b); or

 

(c)    

removed the cap without the end-user’s instructions or has removed it

 

without obtaining the consumer’s express consent on a durable medium

 

under subsection (2).”

 



 
 

Notices of Amendments: 14 November 2016                  

10

 

Digital Economy Bill, continued

 
 

Louise Haigh

 

Kevin Brennan

 

NC8

 

Parliamentary Star    

To move the following Clause—

 

         

“Responsibility for policy and funding of TV licence fee concessions

 

After section 365(5) of the Communications Act 2003 insert—

 

“(5A)    

It shall be the responsibility of the Secretary of State to—

 

(a)    

specify the conditions under which concessions are entitled, and

 

(b)    

provide the BBC with necessary funding to cover the cost of

 

concessions,

 

    

and this responsibility shall not be delegated to any other body.”

 

Member’s explanatory statement

 

This new clause seeks to enshrine in statute that it should be the responsibility of the Government

 

to set the entitlement for any concessions and to cover the cost of such concession. This new clause

 

will ensure the entitlement and cost of over-75s TV licences remain with the Government. It would

 

need to be agreed with Clause 76 not standing part of the Bill.

 

 


 

Kit Malthouse

 

David Mackintosh

 

Antoinette Sandbach

 

Maria Caulfield

 

Suella Fernandes

 

1

 

Clause  20,  page  22,  line  26,  at end insert—

 

“(13)    

Where a person is—

 

(a)    

based in a country outside the United Kingdom, and

 

(b)    

refusing to comply with the requirements of the age-verification

 

regulator, the age-verification regulator shall notify Ofcom that the

 

relevant person is refusing to comply with its requirements.

 

(14)    

Following a notification made under subsection (13), Ofcom shall direct internet

 

service providers in the United Kingdom to block public access to the material

 

made available by the person on the internet.

 

(15)    

An internet service provider that fails to comply with subsection (14) within a

 

reasonable period would be subject to financial penalties imposed by the age-

 

verification regulator under section 21.”

 


 
 

Notices of Amendments: 14 November 2016                  

11

 

Digital Economy Bill, continued

 
 

Order of the House [13 September 2016, as amended on 18 October

 

2016]

 

That the following provisions shall apply to the Digital Economy Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 1 November 2016.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and any proceedings in legislative grand

 

committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings on Consideration are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and up to and including Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 


 
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Revised 15 November 2016