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Digital Economy Bill (HL Bill 122)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Communities and Local Government, are published separately as HL Bill 86—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Bourne of Aberystwyth has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Digital Economy Bill are compatible with the Convention rights.

Contents

  1. Part 1

    Access to digital services

    1. 1. Universal service broadband obligations

    2. 2. General conditions: switching communications provider

    3. 3. Bill limits for mobile phone contracts

    4. 4. Automatic compensation for failure to meet performance standards

  2. Part 2

    Digital infrastructure

    1. Electronic communications code

      1. 5. The electronic communications code

      2. 6. Power to make transitional provision in connection with the code

      3. 7. Power to make consequential provision etc in connection with the code

      4. 8. Application of the code: protection of the environment

    2. Dynamic spectrum access services

      1. 9. Regulation of dynamic spectrum access services

    3. Other regulation of spectrum

      1. 10. Statement of strategic priorities

      2. 11. Penalties for contravention of wireless telegraphy licences

      3. 12. Fixed penalties under Wireless Telegraphy Act 2006

      4. 13. Search warrants under Wireless Telegraphy Act 2006

      5. 14. Disposal of seized property under Wireless Telegraphy Act 2006

      6. 15. Time limits for prosecutions under Wireless Telegraphy Act 2006

  3. Part 3

    Online pornography

    1. 16. Internet pornography: requirement to prevent access by persons under the
      age of 18

    2. 17. Meaning of “pornographic material”

    3. 18. The age-verification regulator: designation and funding

    4. 19. Parliamentary procedure for designation of age-verification regulator

    5. 20. Age-verification regulator’s power to require information

    6. 21. Enforcement of sections 16 and 20

    7. 22. Financial penalties

    8. 23. Age-verification regulator’s power to give notice of contravention to
      payment-services providers and ancillary service providers

    9. 24. Meaning of “extreme pornographic material”

    10. 25. Age-verification regulator’s power to direct internet service providers to
      block access to material

    11. 26. No power to give notice under section 25(1) where detrimental to national
      security etc

    12. 27. Guidance to be published by age-verification regulator

    13. 28. Exercise of functions by the age-verification regulator

    14. 29. Guidance by Secretary of State to regulator

    15. 30. Requirements for notices given by regulator under this Part

    16. 31. Code of practice for commercial social media platform providers on online
      abuse

    17. 32. Report on this Part

    18. 33. Part 3: general and interpretation

  4. Part 4

    Intellectual Property

    1. 34. Lending of e-books by public libraries

    2. 35. Offences: infringing copyright and making available right

    3. 36. Registered designs: infringement: marking product with internet link

    4. 37. Copyright etc where broadcast retransmitted by cable

  5. Part 5

    Digital government

    1. Chapter 1

      Public service delivery

      1. 38. Disclosure of information to improve public service delivery

      2. 39. Disclosure of information to gas and electricity suppliers etc

      3. 40. Disclosure of information by gas and electricity suppliers etc

      4. 41. Disclosure of information to water and sewerage undertakers etc

      5. 42. Disclosure of information by water and sewerage undertakers etc

      6. 43. Further provisions about disclosures under any of sections 38 to 42

      7. 44. Confidentiality of personal information

      8. 45. Information disclosed by the Revenue and Customs

      9. 46. Code of practice

      10. 47. Regulations under this Chapter

      11. 48. Interpretation of this Chapter etc

    2. Chapter 2

      Civil registration

      1. 49. Disclosure of information by civil registration officials

      2. 50. Consequential provision

    3. Chapter 3

      Debt owed to the public sector

      1. 51. Disclosure of information to reduce debt owed to the public sector

      2. 52. Further provisions about power in section 51

      3. 53. Confidentiality of personal information

      4. 54. Information disclosed by the Revenue and Customs

      5. 55. Code of practice

      6. 56. Duty to review operation of Chapter

      7. 57. Regulations under this Chapter

      8. 58. Interpretation of this Chapter

    4. Chapter 4

      Fraud against the public sector

      1. 59. Disclosure of information to combat fraud against the public sector

      2. 60. Further provisions about power in section 59

      3. 61. Confidentiality of personal information

      4. 62. Information disclosed by the Revenue and Customs

      5. 63. Code of practice

      6. 64. Duty to review operation of Chapter

      7. 65. Regulations under this Chapter

      8. 66. Interpretation of this Chapter

    5. Chapter 5

      Sharing for research purposes

      1. 67. Disclosure of information for research purposes

      2. 68. Provisions supplementary to section 67

      3. 69. Bar on further disclosure of personal information

      4. 70. Information disclosed by the Revenue and Customs

      5. 71. Information disclosed by the Welsh Revenue Authority

      6. 72. Information disclosed by Revenue Scotland

      7. 73. Code of practice

      8. 74. Accreditation for the purposes of this Chapter

      9. 75. Delegation of functions of Statistics Board

      10. 76. Interpretation of this Chapter

    6. Chapter 6

      Disclsoure by revenue authorities

      1. 77. Disclosure of non-identifying information by HMRC

      2. 78. Disclosure of non-identifying information by the Welsh Revenue Authority

      3. 79. Disclosure of non-identifying information by Revenue Scotland

      4. 80. Disclosure of employer reference information by HMRC

    7. Chapter 7

      Statistics

      1. 81. Disclosure of information by HMRC to the Statistics Board

      2. 82. Disclosure of information by public authorities to the Statistics Board

      3. 83. Access to information by Statistics Board

      4. 84. Disclosure by the Statistics Board to devolved administrations

  6. Part 6

    Miscellaneous

    1. OFCOM: reports etc

      1. 85. OFCOM reports on infrastructure etc

      2. 86. Comparative overviews of quality and prices

    2. OFCOM: information

      1. 87. Conditions about allocation of telephone numbers

      2. 88. Provision of information to OFCOM

      3. 89. Information required from communications providers

    3. Appeals

      1. 90. Appeals from decisions of OFCOM and others: standard of review

    4. Regulation and functions of BBC

      1. 91. Functions of OFCOM in relation to the BBC

      2. 92. BBC Licence Fee Commission

      3. 93. Duty of the Secretary of State to consult and lay recommendation before
        Parliament

      4. 94. Duty of the Secretary of State in determining funding settlement

      5. 95. TV licence fee concessions by reference to age

    5. Provision of children's programmes

      1. 96. Provision of children’s programmes

    6. OFCOM powers relating to criminal content etc

      1. 97. Suspension of radio licences for inciting crime or disorder

      2. 98. Digital additional services: seriously harmful extrinsic material

    7. On-demand programme services

      1. 99. On-demand programme services: accessibility for people with disabilities

      2. 100. On-demand programme services: specially restricted material

    8. Public sector broadcasting prominence

      1. 101. Public sector broadcasting prominence

    9. Direct marketing code

      1. 102. Direct marketing code

    10. Televising events of national interest

      1. 103. Televising events of national interest: power to amend qualifying conditions

    11. Other provisions relating to OFCOM

      1. 104. Strategic priorities and provision of information

      2. 105. OFCOM and Northern Ireland

      3. 106. Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006

      4. 107. International recognition of satellite frequency assignments: power of
        OFCOM to charge fees

    12. Internet filters

      1. 108. Internet filters

    13. Duty to provide information about tickets

      1. 109. Duty to provide information about tickets

    14. Offence of breaching limit on ticket sales

      1. 110. Power to create offence of breaching limits on internet and other ticket sales

    15. Communication devices used for drug dealing

      1. 111. Prevention or restriction of use of communication devices for drug dealing

    16. Charges payable to the Information Commissioner

      1. 112. Regulations about charges payable to the Information Commissioner

      2. 113. Functions relating to regulations under section 112

      3. 114. Supplementary provision relating to section 112

      4. 115. Amendments relating to section 112

    17. Payment and securities settlement systems

      1. 116. Power to apply settlement finality regime to payment institutions

      2. 117. Bank of England oversight of payment systems

    18. Qualifications in information technology

      1. 118. Qualifications in information technology: payment of tuition fees

    19. Guarantee of pension liabilities under Telecommunications Act 1984

      1. 119. Guarantee of pension liabilities under Telecommunications Act 1984

      2. 120. Regulations under section 119

  7. Part 7

    General

    1. 121. Financial provisions

    2. 122. Commencement

    3. 123. Extent

    4. 124. Short title

    1. Schedule 1

      The electronic communications code

    2. Schedule 2

      The electronic communications code: transitional provision

    3. Schedule 3

      Electronic communications code: consequential amendments

      1. Part 1

        General provision

      2. Part 2

        Amendments of particular enactments

    4. Schedule 4

      Public service delivery: specified persons for the purposes of
      section 38

    5. Schedule 5

      Public service delivery: specified persons for the purposes of
      sections 39 and 40

    6. Schedule 6

      Public service delivery: specified persons for the purposes of
      sections 41 and 42

    7. Schedule 7

      Specified persons for the purposes of the debt provisions

    8. Schedule 8

      Specified persons for the purposes of the fraud provisions

    9. Schedule 9

      Bank of England oversight of payment systems

      1. Part 1

        Extension of Bank of England oversight of payment systems

      2. Part 2

        Consequential amendments

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Contents page 1-9 10-19 20-29 30-38 40-49 50-64 65-68 70-79 80-89 90-99 Last page