Session 2019-21
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 11 February 2020

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Telecommunications Infrastructure


 

(Leasehold Property) Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Resolution of the Programming Sub-Committee.

 


 

RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Monday 10 February (Standing Order

 

83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 11

 

February) meet—

 

(a)  

at 2.00 pm on Tuesday 11 February; 

 

(b)  

at 11.30 am and 2.00 pm on Thursday 13 February;

 

(2)  

the proceedings shall be taken in the following order: Clauses 1 to 2; the

 

Schedule; Clause 3; new Clauses; new Schedules; remaining proceedings on

 

the Bill;

 

(3)  

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

 

conclusion at 5.00 pm on Thursday 13 February.

 

Matt Warman has given notice of his intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

 



 
 

Public Bill Committee: 11 February 2020                  

2

 

Telecommunications Infrastructure (Leasehold Property) Bill, continued

 
 

Matt Warman

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 

 

 


 

Chi Onwurah

 

9

 

Clause  1,  page  1,  line  17,  at end insert—

 

“(c)    

the operator intends to provide an electronic telecommunications service

 

that can deliver an average download speed of at least one gigabit per

 

second.”

 

Member’s explanatory statement

 

This amendment is intended to ensure that operators could apply for Part 4A order only if they

 

intended to provide gigabit-capable broadband.

 

Chi Onwurah

 

7

 

Clause  1,  page  2,  line  1,  after “lessee in occupation” insert “, or a person who is a

 

legal occupant of the property and who is in a contractual relationship with the lessee or

 

freeholder,”

 

Member’s explanatory statement

 

This amendment is intended to expand the definition of persons who can request an operator to

 

provide an electronic telecommunications service to include rental tenants and other legal

 

occupants who may not own the lease to the property they occupy.

 

Chi Onwurah

 

4

 

Clause  1,  page  2,  line  2,  after “premises”, insert “or an operator requests to provide

 

an electronic communications service to the target premises,”

 

Member’s explanatory statement

 

This amendment would provide for situations where the request for access is initiated by the

 

operator.

 

Chi Onwurah

 

8

 

Clause  1,  page  2,  line  14,  at end insert—

 

“(f)    

the proportion of the operator’s network which uses vendors defined by

 

the National Cyber Security Centre as high risk vendors does not exceed

 

35%.”

 

Member’s explanatory statement

 

This amendment would prevent operators which heavily use high risk vendors from being granted

 

Part 4A orders.


 
 

Public Bill Committee: 11 February 2020                  

3

 

Telecommunications Infrastructure (Leasehold Property) Bill, continued

 
 

Chi Onwurah

 

5

 

Clause  1,  page  3,  line  23,  at end insert—

 

“(9)    

The Secretary of State must by regulations define—

 

(a)    

what constitutes a request notice for the purposes of paragraph 27B (1)

 

(d)

 

(b)    

what constitutes a response for the purposes of paragraph 27B (1) (e).

 

Member’s explanatory statement

 

This amendment would require the Government to define what constitutes a legitimate request and

 

a legitimate response, as asked for both by landlords and telecoms companies.

 

Chi Onwurah

 

6

 

Clause  1,  page  5,  line  12,  at end insert—

 

“(8)    

Any operator exercising Part 4A code rights is obliged to ensure that alternative

 

operators can easily install the hardware needed to provide their own electronic

 

communications service.

 

(9)    

The definition of “easily” in sub-paragraph (8) is to be provided by Ofcom.”

 

Member’s explanatory statement

 

This amendment is intended to ensure that tenants are not “locked in” to using services provided

 

by a single operator.

 


 

Matt Warman

 

2

 

Schedule,  page  9,  line  17,  at end insert—

 

“(10A)  

In paragraph 95(1), after paragraph (a) insert—

 

“(aa)    

in relation to Wales, the First-tier Tribunal, but only in

 

connection with proceedings under Part 4A;”.

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 3.

 

Matt Warman

 

3

 

Schedule,  page  9,  line  22,  leave out paragraphs 4 and 5 and insert—

 

“4         

The Electronic Communications Code (Jurisdiction) Regulations 2017 are

 

amended as follows.

 

4A         

In regulation 2(1) (interpretation), after the definition of “the code” insert—

 

““Part 4A proceedings” means proceedings under Part 4A of the

 

code;”.

 

4B  (1)  

Regulation 3 (conferral of jurisdiction on tribunals) is amended as follows.

 

      (2)  

The existing text becomes paragraph (1).

 

      (3)  

In that paragraph—

 

(a)    

in the words before sub-paragraph (a), after “Subject to” insert

 

“paragraph (2) and”;

 

(b)    

for sub-paragraphs (a) and (b) (including the final “and”) substitute—

 

“(aa)    

in relation to England and Wales, the First-tier

 

Tribunal and the Upper Tribunal, and”;

 

(c)    

omit the words after sub-paragraph (c).


 
 

Public Bill Committee: 11 February 2020                  

4

 

Telecommunications Infrastructure (Leasehold Property) Bill, continued

 
 

      (4)  

After that paragraph insert—

 

“(2)    

Functions are exercisable by the First-tier Tribunal under paragraph

 

(1)(aa) only—

 

(a)    

in connection with relevant proceedings in relation to England

 

that have been transferred to the First-tier Tribunal by the

 

Upper Tribunal, and

 

(b)    

in connection with Part 4A proceedings (whether in relation to

 

England or Wales).

 

(3)    

Any provision of the code which confers a function on the court is, to

 

the extent that the function is exercisable by a tribunal under this

 

regulation, to be read as if the reference to the court included reference

 

to that tribunal.”

 

4C  (1)  

Regulation 4 (jurisdiction for commencement of proceedings) is amended as

 

follows.

 

      (2)  

In the heading, for “relevant” substitute “certain”.

 

      (3)  

The existing text becomes paragraph (1).

 

      (4)  

After that paragraph insert—

 

“(2)    

Part 4A proceedings must be commenced—

 

(a)    

in relation to England and Wales, in the First-tier Tribunal, or

 

(b)    

in relation to Scotland, in the sheriff court.”

 

5          

The amendments made by paragraphs 4 to 4C do not limit the provision that

 

may be made by regulations under paragraph 95 of the code.”

 

Member’s explanatory statement

 

This amendment provides that proceedings under new Part 4A of the Code must be commenced in

 

the First-tier Tribunal (in relation to England and Wales) or in the sheriff court (in relation to

 

Scotland), instead of in the Upper Tribunal or the Lands Tribunal for Scotland respectively.

 


 

Matt Warman

 

1

 

Clause  3,  page  7,  line  21,  leave out “amendment made by paragraph 4 of the

 

Schedule extends” and insert “amendments made by paragraphs 4 to 4C of the Schedule

 

extend”.

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 3.

 



 
 

Public Bill Committee: 11 February 2020                  

5

 

Telecommunications Infrastructure (Leasehold Property) Bill, continued

 
 

Chi Onwurah

 

NC1

 

To move the following Clause—

 

         

“Report on resources to deal with proceedings arising under Part 4A of the

 

code

 

The Secretary of State must prepare and publish a report on the adequacy of the

 

resources available to First-tier Tribunal to deal with proceedings arising under

 

Part 4A of the electronic communications code and must lay a copy of the report

 

before Parliament within six months of this Act receiving Royal Assent.”

 

 

Order of the House [22 January 2020, as amended on

 

4 February 2020]

 

That the following provisions shall apply to the Telecommunications Infrastructure

 

(Leasehold Property) 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 Thursday 13 February 2020.

 

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 may be programmed.

 


 

 

Revised 10 February 2020