1

House of Commons

Notices of Amendments

given up to and including

Thursday 6 February 2020

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 4 to 9 and NC1

Public Bill Committee

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withdrawn amendments at the end.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 Order of the House [22 January 2020, as amended on 4

February 2020].

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 Thursday 6 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;

Notices of Amendments: 6 February 2020                  

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Telecommunications Infrastructure (Leasehold Property) Bill, continued

(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].

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.

Notices of Amendments: 6 February 2020                  

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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).

Notices of Amendments: 6 February 2020                  

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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.

Notices of Amendments: 6 February 2020                  

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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.