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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Amendments tabled since the last publication: 4 to 9 and NC1 |
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| Telecommunications Infrastructure
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| (Leasehold Property) Bill
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| | This document includes all amendments tabled to date and includes any |
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| | withdrawn amendments at the end. The amendments have been arranged in |
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| | accordance with the Order of the House [22 January 2020, as amended on 4 |
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| | Resolution of the Programming Sub-Committee |
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| | The Programming Sub-Committee appointed by the Speaker in respect of the Bill |
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| | agreed the following Resolution at its meeting on Thursday 6 February (Standing Order |
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| | (1) | the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 11 |
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| | (a) | at 2.00 pm on Tuesday 11 February; |
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| | (b) | at 11.30 am and 2.00 pm on Thursday 13 February; |
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| | (2) | the proceedings shall be taken in the following order: Clauses 1 to 2; the |
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| | Schedule; Clause 3; new Clauses; new Schedules; remaining proceedings on |
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| | (3) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 5.00 pm on Thursday 13 February. |
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| | Matt Warman has given notice of his intention to move a motion in the terms of the |
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| | Resolution of the Programming Sub-Committee [Standing Order No. 83C]. |
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| | That, subject to the discretion of the Chair, any written evidence received by the |
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| | Committee shall be reported to the House for publication. |
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| Clause 1, page 1, line 17, at end insert— |
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| | “(c) | the operator intends to provide an electronic telecommunications service |
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| | that can deliver an average download speed of at least one gigabit per |
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| | Member’s explanatory statement
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| | This amendment is intended to ensure that operators could apply for Part 4A order only if they |
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| | intended to provide gigabit-capable broadband. |
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| Clause 1, page 2, line 1, after “lessee in occupation” insert “, or a person who is a |
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| legal occupant of the property and who is in a contractual relationship with the lessee or |
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| | Member’s explanatory statement
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| | This amendment is intended to expand the definition of persons who can request an operator to |
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| | provide an electronic telecommunications service to include rental tenants and other legal |
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| | occupants who may not own the lease to the property they occupy. |
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| Clause 1, page 2, line 2, after “premises”, insert “or an operator requests to provide |
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| an electronic communications service to the target premises,” |
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| | Member’s explanatory statement
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| | This amendment would provide for situations where the request for access is initiated by the |
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| Clause 1, page 2, line 14, at end insert— |
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| | “(f) | the proportion of the operator’s network which uses vendors defined by |
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| | the National Cyber Security Centre as high risk vendors does not exceed |
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| | Member’s explanatory statement
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| | This amendment would prevent operators which heavily use high risk vendors from being granted |
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| Clause 1, page 3, line 23, at end insert— |
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| | “(9) | The Secretary of State must by regulations define— |
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| | (a) | what constitutes a request notice for the purposes of paragraph 27B (1) |
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| | (b) | what constitutes a response for the purposes of paragraph 27B (1) (e). |
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| | Member’s explanatory statement
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| | This amendment would require the Government to define what constitutes a legitimate request and |
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| | a legitimate response, as asked for both by landlords and telecoms companies. |
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| Clause 1, page 5, line 12, at end insert— |
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| | “(8) | Any operator exercising Part 4A code rights is obliged to ensure that alternative |
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| | operators can easily install the hardware needed to provide their own electronic |
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| | (9) | The definition of “easily” in sub-paragraph (8) is to be provided by Ofcom.” |
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| | Member’s explanatory statement
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| | This amendment is intended to ensure that tenants are not “locked in” to using services provided |
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| Schedule, page 9, line 17, at end insert— |
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| | “(10A) | In paragraph 95(1), after paragraph (a) insert— |
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| | “(aa) | in relation to Wales, the First-tier Tribunal, but only in |
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| | connection with proceedings under Part 4A;”. |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 3. |
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| Schedule, page 9, line 22, leave out paragraphs 4 and 5 and insert— |
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| | “4 | The Electronic Communications Code (Jurisdiction) Regulations 2017 are |
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| | 4A | In regulation 2(1) (interpretation), after the definition of “the code” insert— |
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| | ““Part 4A proceedings” means proceedings under Part 4A of the |
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| | 4B (1) | Regulation 3 (conferral of jurisdiction on tribunals) is amended as follows. |
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| | (2) | The existing text becomes paragraph (1). |
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| | (a) | in the words before sub-paragraph (a), after “Subject to” insert |
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| | (b) | for sub-paragraphs (a) and (b) (including the final “and”) substitute— |
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| | “(aa) | in relation to England and Wales, the First-tier |
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| | Tribunal and the Upper Tribunal, and”; |
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| | (c) | omit the words after sub-paragraph (c). |
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| | (4) | After that paragraph insert— |
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| | “(2) | Functions are exercisable by the First-tier Tribunal under paragraph |
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| | (a) | in connection with relevant proceedings in relation to England |
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| | that have been transferred to the First-tier Tribunal by the |
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| | (b) | in connection with Part 4A proceedings (whether in relation to |
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| | (3) | Any provision of the code which confers a function on the court is, to |
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| | the extent that the function is exercisable by a tribunal under this |
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| | regulation, to be read as if the reference to the court included reference |
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| | 4C (1) | Regulation 4 (jurisdiction for commencement of proceedings) is amended as |
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| | (2) | In the heading, for “relevant” substitute “certain”. |
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| | (3) | The existing text becomes paragraph (1). |
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| | (4) | After that paragraph insert— |
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| | “(2) | Part 4A proceedings must be commenced— |
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| | (a) | in relation to England and Wales, in the First-tier Tribunal, or |
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| | (b) | in relation to Scotland, in the sheriff court.” |
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| | 5 | The amendments made by paragraphs 4 to 4C do not limit the provision that |
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| | may be made by regulations under paragraph 95 of the code.” |
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| | Member’s explanatory statement
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| | This amendment provides that proceedings under new Part 4A of the Code must be commenced in |
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| | the First-tier Tribunal (in relation to England and Wales) or in the sheriff court (in relation to |
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| | Scotland), instead of in the Upper Tribunal or the Lands Tribunal for Scotland respectively. |
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| Clause 3, page 7, line 21, leave out “amendment made by paragraph 4 of the |
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| Schedule extends” and insert “amendments made by paragraphs 4 to 4C of the Schedule |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 3. |
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| To move the following Clause— |
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| | | “Report on resources to deal with proceedings arising under Part 4A of the |
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| | The Secretary of State must prepare and publish a report on the adequacy of the |
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| | resources available to First-tier Tribunal to deal with proceedings arising under |
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| | Part 4A of the electronic communications code and must lay a copy of the report |
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| | before Parliament within six months of this Act receiving Royal Assent.” |
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| | Order of the House [22 January 2020, as amended on
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| | That the following provisions shall apply to the Telecommunications Infrastructure |
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| | (Leasehold Property) Bill: |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Thursday 13 February 2020. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Proceedings on Consideration and up to and including Third Reading |
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| | 4. | Proceedings on Consideration and any proceedings in legislative grand |
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| | committee shall (so far as not previously concluded) be brought to a |
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| | conclusion one hour before the moment of interruption on the day on which |
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| | proceedings on Consideration are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on Consideration and up to and including Third Reading. |
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| | 7. | Any other proceedings on the Bill may be programmed. |
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