Digital Economy Bill (HL Bill 122)

(7) In section 310(1) for “from time to time” substitute “on 1 December 2017 and at
intervals of no more than three years thereafter”.

(8) In section 310(2) omit “such degree of” and “as OFCOM consider appropriate”.

(9) In section 310(4)(a) after “BBC” insert “, including on-demand programme
5services,”.

(10) After section 310(4)(h) insert—

“(i) any on-demand programme service provided by a public
service broadcaster.

“(4A) A service is an on-demand programme service provided by a public
10service broadcaster for the purposes of subsection (4)(i) if it—

(a) is provided by any of the following—

(i) a person licensed under Part 1 of the 1990 Act to provide
a Channel 3 service;

(ii) the Channel 4 Corporation;

(iii) 15a person licensed under Part 1 of the 1990 Act to provide
Channel 5;

(iv) the Welsh Authority; and

(b) provides access to programmes broadcast on a licensed public
service channel.”

(11) 20In section 310(5)(a) after first “service” insert “, including on-demand
programme services,”.

(12) After section 310(5) insert—

“(5A) In making any order under subsection (5) the Secretary of State must
have regard to the desirability of investment in original productions.

(5B) 25In this section “original productions” means programmes
commissioned by or for the provider of a service for the purposes of
subsection (5) with a view to their first showing on television in the
United Kingdom on that service.”

(13) After section 310(7)(a) insert—

“(b) 30if the service is a public service channel dedicated to children,
persons under the age of 16;”.

(14) For section 310(8)substitute—

“(8) In this section “electronic programme guide” means a service which
consists of the programme service or services listed or promoted in the
35guide.”

(15) In section 311(2) for “310” substitute “232(5A)”.

Direct marketing code

102 Direct marketing code

(1) The Data Protection Act 1998 is amended as follows.

(2) After section 52A insert—

“52AA Direct marketing code

(1) The Commissioner must prepare a code of practice which contains—

(a) practical guidance in relation to the carrying out of direct
5marketing in accordance with the requirements of this Act and
the Privacy and Electronic Communications (EC Directive)
Regulations 2003 (S.I. 2003/2426), and

(b) such other guidance as the Commissioner considers
appropriate to promote good practice in direct marketing.

(2) 10For this purpose “good practice” means such practice in direct
marketing as appears to the Commissioner to be desirable having
regard to the interests of data subjects and others, and includes (but is
not limited to) compliance with the requirements mentioned in
subsection (1)(a).

(3) 15Before a code is prepared under this section, the Commissioner must
consult such of the following as the Commissioner considers
appropriate—

(a) trade associations (within the meaning of section 51);

(b) data subjects;

(c) 20persons who appear to the Commissioner to represent the
interests of data subjects.

(4) In this section “direct marketing” has the meaning given by section
11(3).”

(3) In section 51(5A) (general duties of Commissioner) at the end insert “or section
2552AA (direct marketing code)”.

(4) In the title of each of sections 52B to 52E for “data-sharing code” substitute
“data-sharing and direct marketing codes”.

(5) In section 52B (procedure for making code)—

(a) in subsection (1) after “52A” insert “or 52AA”;

(b) 30in subsection (6) omit “under section 52A”.

(6) In section 52C (alteration or replacement of code)—

(a) in subsection (1)(a) after “data-sharing code” insert “and the direct
marketing code”;

(b) in subsection (1)(b) for “may prepare an alteration to that code”
35substitute “in either case, may prepare an alteration to the code”;

(c) in subsection (4) after “52A” insert “or 52AA”;

(d) in subsection (5) for “means the code” substitute “and “the direct
marketing code” mean the codes respectively prepared under sections
52A and 52AA and”.

(7) 40In section 52D (publication of code) in subsection (1) for “the code” substitute
“any code”.

(8) In section 52E (effect of code)—

(a) in subsection (1) after “data-sharing code” insert “or the direct
marketing code”;

(b) 45in subsection (2) for “The data-sharing code is” substitute “Those codes
are”;

(c) in subsection (3) for “the data-sharing code” substitute “those codes”;

(d) in subsection (3)(a) after “Act” insert “or the Privacy and Electronic
Communications (EC Directive) Regulations 2003 (S.I. 2003/2426)”;

(e) in subsection (3)(c) after “Act” insert “or those Regulations”;

(f) 5in subsection (4) for “means the code” substitute “and “the direct
marketing code” mean the codes respectively prepared under sections
52A and 52AA and”.

Televising events of national interest

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

10In section 98 of the Broadcasting Act 1996 (categories of service), after
subsection (5) insert—

“(5A) The Secretary of State may, by regulations made by statutory
instrument, amend the percentage figure specified for the time being in
subsection (2)(b).

(5B) 15An amendment made by regulations under this section does not
affect—

(a) the validity of any contract entered into before the regulations
came into force, or

(b) the exercise of any rights acquired under such a contract.

(5C) 20Regulations under subsection (5A) may make transitional, transitory or
saving provision.

(5D) A statutory instrument containing regulations under subsection (5A)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”

25Other provisions relating to OFCOM

104 Strategic priorities and provision of information

(1) After section 2 of the Communications Act 2003 insert—

“Strategic priorities

2A Statement of strategic priorities

(1) 30The Secretary of State may designate a statement for the purposes of
this section if the requirements set out in section 2C (consultation and
parliamentary procedure) are satisfied.

(2) The statement is a statement prepared by the Secretary of State that sets
out strategic priorities of Her Majesty’s Government in the United
35Kingdom relating to—

(a) telecommunications,

(b) the management of the radio spectrum, and

(c) postal services.

(3) The statement may, among other things, set out particular outcomes
40identified with a view to achieving the strategic priorities.

(4) This section does not restrict the Secretary of State’s powers under any
other provision of this Act or any other enactment.

(5) A statement designated under subsection (1) must be published in such
manner as the Secretary of State considers appropriate.

(6) 5A statement designated under subsection (1) may be amended
(including by replacing the whole or a part of the statement with new
content) by a subsequent statement designated under that subsection,
and this section and sections 2B and 2C apply in relation to any such
subsequent statement as in relation to the original statement.

(7) 10Except as provided by subsection (8), no amendment may be made
under subsection (6) within the period of 5 years beginning with the
day on which a statement was most recently designated under
subsection (1).

(8) An earlier amendment may be made under subsection (6) if—

(a) 15since that day—

(i) a Parliamentary general election has taken place, or

(ii) there has been a significant change in the policy of Her
Majesty’s government affecting any matter mentioned
in subsection (2)(a), (b) or (c), or

(b) 20the Secretary of State considers that the statement, or any part
of it, conflicts with any of OFCOM’s general duties (within the
meaning of section 3).

2B Duties of OFCOM in relation to strategic priorities

(1) This section applies where a statement has been designated under
25section 2A(1).

(2) OFCOM must have regard to the statement when carrying out—

(a) their functions relating to telecommunications,

(b) their functions under the enactments relating to the
management of the radio spectrum, and

(c) 30their functions relating to postal services.

(3) OFCOM must within the period of 40 days beginning with the day on
which the statement is designated, or such longer period as the
Secretary of State may allow—

(a) explain in writing what they propose to do in consequence of
35the statement, and

(b) publish a copy of that explanation in such manner as OFCOM
consider appropriate.

(4) OFCOM must, as soon as practicable after the end of—

(a) the period of 12 months beginning with the day on which the
40first statement is designated under section 2A(1), and

(b) every subsequent period of 12 months,

publish a review of what they have done during the period in question
in consequence of the statement.

2C Consultation and parliamentary procedure

(1) This section sets out the requirements that must be satisfied in relation
to a statement before the Secretary of State may designate it under
section 2A.

(2) 5The Secretary of State must consult the following on a draft of the
statement—

(a) OFCOM, and

(b) such other persons as the Secretary of State considers
appropriate.

(3) 10The Secretary of State must allow OFCOM a period of at least 40 days
to respond to any consultation under subsection (2)(a).

(4) After that period has ended the Secretary of State—

(a) must make any changes to the draft that appear to the Secretary
of State to be necessary in view of responses to the consultation,
15and

(b) must then lay the draft before Parliament.

(5) The Secretary of State must then wait until the end of the 40-day period
and may not designate the statement if, within that period, either
House of Parliament resolves not to approve it.

(6) 20“The 40-day period” is the period of 40 days beginning with the day on
which the draft is laid before Parliament (or, if it is not laid before each
House on the same day, the later of the days on which it is laid).

(7) When calculating the 40-day period, ignore any period during which
Parliament is dissolved or prorogued or during which both Houses are
25adjourned for more than 4 days.”

(2) After section 24 of that Act insert—

“24A Provision of information before publication

(1) OFCOM must provide the Secretary of State, at least 24 hours before
publication, with any information that they propose to publish.

(2) 30If exceptional circumstances make it impracticable to provide the
information to the Secretary of State 24 hours before publication it must
instead be provided to the Secretary of State as long before publication
as is practicable.

(3) Subsections (1) and (2) have effect in any particular case subject to any
35agreement made between the Secretary of State and OFCOM in that
case.

(4) The Secretary of State may by regulations specify descriptions of
information in relation to which the duty under subsection (1) does not
apply.

(5) 40Before making regulations under subsection (4), the Secretary of State
must consult OFCOM.

(6) Information provided to the Secretary of State under this section may
not be disclosed by the Secretary of State during the protected period,
except to another Minister of the Crown.

(7) A Minister of the Crown to whom the information is disclosed under
subsection (6) may not disclose the information during the protected
period to any other person.

(8) A Minister of the Crown may not make any representations to OFCOM
5during the protected period that specify or describe changes that the
Minister considers should be made to information that has been
provided under this section when it is published.

(9) In this section—

• “the protected period”, in relation to information provided to the
  10Secretary of State under this section, means the period
  beginning with the provision of the information and ending
  when either of the following occurs—

  (a)

  OFCOM publish the information;

  (b)

  OFCOM inform the Secretary of State that they consent
  15to the disclosure of the information;

• “Minister of the Crown” has the same meaning as in the Ministers
  of the Crown Act 1975.

24B Provision of information to assist in formulation of policy

(1) OFCOM may provide the Secretary of State with any information that
20they consider may assist the Secretary of State in the formulation of
policy.

(2) Information with respect to a particular business that has been obtained
in the exercise of a power conferred by—

(a) this Act,

(b) 25the 1990 Act,

(c) the 1996 Act,

(d) the Wireless Telegraphy Act 2006, or

(e) Part 3 of the Postal Services Act 2011,

is not, so long as the business continues to be carried on, to be provided
30to the Secretary of State under this section without the consent of the
person for the time being carrying on that business.”

(3) The duty under subsection (1) of section 24A of that Act does not have effect
until the day on which regulations made under subsection (4) of that section
first come into force.

(4) 35In section 393(6) of that Act (general restrictions on disclosure of information),
after paragraph (a) insert—

“(aza) prevents the disclosure of information under section 24A or
24B;”.

(5) In section 111(7) of the Wireless Telegraphy Act 2006 (general restrictions on
40disclosure of information), after paragraph (a) insert—

“(aa) prevents the disclosure of information under section 24A or 24B
of that Act;”.

(6) In section 56 of the Postal Services Act 2011 (general restrictions on disclosure
of information), after subsection (6) insert—

“(6A) 45Nothing in this section prevents the disclosure of information under
section 24A or 24B of the Communications Act 2003.”

105 OFCOM and Northern Ireland

(1) Section 1 of the Office of Communications Act 2002 (the Office of
Communications) is amended as follows.

(2) In subsection (3), before paragraph (b) insert—

“(ac) 5a member appointed by the Minister for the Economy in
Northern Ireland;”.

(3) Before subsection (4) insert—

“(3C) Before appointing a member under subsection (3)(ac) the Minister for
the Economy must consult the Secretary of State.”

(4) 10In subsection (5) in the words before paragraph (a), before “and (b),” insert
“, (ac)”.

(5) At the end insert—

“(13) Paragraphs 1 and 2 of the Schedule apply in relation to the appointment
made under subsection (3)(ac) as if—

(a) 15any reference to the Secretary of State were to the Minister for
the Economy, and

(b) at the end of paragraph 2 there were inserted—

“(9) Before the Minister for the Economy removes a person from
office the Minister must consult the Secretary of State.””

(6) 20The Schedule to the Office of Communications Act 2002 is amended as follows.

(7) In paragraph 11 (accounts and audit)—

(a) in sub-paragraph (3)(c) at the end insert “and the Minister for the
Economy in Northern Ireland”;

(b) at the end insert—

“(6) 25The Minister for the Economy in Northern Ireland shall lay a
copy of the statement and report sent to the Minister under
sub-paragraph (3) before the Northern Ireland Assembly.”

(8) In paragraph 12 (annual report)—

(a) in sub-paragraph (1) before “a report” insert “and the Minister for the
30Economy in Northern Ireland”;

(b) at the end insert—

“(6) The Minister for the Economy in Northern Ireland shall lay a
copy of every report sent to the Minister under this
paragraph before the Northern Ireland Assembly.”

(9) 35The following provisions of section 44 of the Northern Ireland Act 1998 (power
of Assembly to call for witnesses and documents: limitation by reference to
transferred matters etc) do not apply in relation to requirements imposed in
connection with the discharge of the functions of the Office of Communications
in relation to Northern Ireland—

(a) 40the words after paragraph (b) in subsection (1);

(b) subsections (2), (3) and (5)(b).

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

(1) The Communications Act 2003 is amended as follows.

(2) In section 400(4)(c) (destination of fees and penalties: account for financial
year), for the words from “of principles” to “subsection (4)” substitute “under
5section 401 for meeting the costs set out in the statement in accordance with
subsection (1)(b)”.

(3) In section 401 (retention of amounts by OFCOM), for subsection (1)
substitute—

“(1) OFCOM have power to make a statement setting out—

(a) 10the principles under which they may retain any or all of the
amounts paid to them—

(i) in pursuance of obligations imposed by or under
Chapter 1 or 2 of Part 2 of the Wireless Telegraphy Act
2006;

(ii) 15in respect of fees charged under section 53D of that Act,
and

(b) the costs in respect of which the amounts may be retained
(which may include costs other than those incurred in the
exercise of their functions under those provisions).”

(4) 20In subsection (2) of that section, omit “of principles”.

(5) For subsections (3) to (5) of that section substitute—

“(3) The provision contained in a statement made by OFCOM under this
section must be such as appears to them likely to secure, on the basis of
such estimates of the likely costs as it is practicable to make, that the
25amounts retained by OFCOM are objectively justifiable and
proportionate to the costs in respect of which they are retained.”

(6) In subsection (6) of that section, omit “the principles contained in”.

(7) In subsection (7) of that section, for “of carrying out the functions mentioned in
subsection (4) of this section” substitute “set out in the statement in accordance
30with subsection (1)(b)”.

(8) In subsection (8) of that section, omit “of principles”.

(9) In subsection (10) of that section, after “Treasury” insert “and the Secretary of
State”.

(10) For the heading to that section substitute “Retention by OFCOM of amounts
35paid under Wireless Telegraphy Act 2006”.

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

(1) The Communications Act 2003 is amended as follows.

(2) After section 28 (general power of OFCOM to charge for services), and before

the cross-heading following that section, insert—

“28A International recognition of satellite frequency assignments: power to
charge fees

(1) This section applies where functions conferred on OFCOM under
5section 22 include functions of the administration of the United
Kingdom under the ITU Radio Regulations.

(2) OFCOM may require any person to pay them a fee for doing satellite
filing work at the request of that person.

(3) In this section “satellite filing work” means anything connected with
10obtaining or maintaining international recognition under the ITU
Radio Regulations of assignments (or changes in assignments) of radio
frequencies to stations in satellite systems or satellite networks.

(4) OFCOM may vary from time to time the amount of any fee set by them
under this section.

(5) 15OFCOM may not require a person to pay a fee under this section unless
they have taken such steps as they consider appropriate to bring the
fact that they charge the fee, and the amount of the fee, to the attention
of those persons who, in their opinion, are likely to be required to pay it.

(6) As soon as reasonably practicable after the end of each reporting year,
20OFCOM must publish a statement setting out—

(a) the aggregate amount of the fees charged under this section that
have been received by OFCOM during that year;

(b) the aggregate amount of the fees charged under this section
during that year which remain outstanding and are likely to be
25paid or recovered; and

(c) the total cost to OFCOM of doing the requested satellite filing
work they have done during that year.

(7) If the total of the amounts set out in a statement under subsection (6)(a)
and (b) exceeds the total cost set out under subsection (6)(c), OFCOM
30must take this into account with a view to securing that the aggregate
amount of fees charged under this section in the following reporting
year does not exceed the likely total cost to them of doing requested
satellite filing work during that year.

(8) In this section—

• 35“administration”, “assignment” (of a radio frequency), “station”,
  “satellite system” and “satellite network” have the same
  meanings as in the ITU Radio Regulations;

• “reporting year” means—

  (a)

  the period beginning with the coming into force of this
  40section and ending with the next 31st March, or

  (b)

  any subsequent period of twelve months beginning
  with 1st April;

• “the ITU Radio Regulations” means the radio regulations of the
  International Telecommunication Union.”

(3) In section 38 (annual administrative charge), after subsection (11) insert—

“(11A) For the purposes of this section, the cost to OFCOM of carrying out the
functions mentioned in subsection (5) does not include the cost to
OFCOM of doing anything for which they charge a fee under section
528A.”

(4) Section 28A(2) and (6)(c) of the Communications Act 2003, inserted by
subsection (2), does not apply to any satellite filing work if OFCOM received
the request to do that work before the coming into force of that section.

Internet filters

108 10Internet filters

(1) A provider of an internet access service to an end-user may prevent or restrict
access on the service to information, content, applications or services, for child
protection or other purposes, if the action is in accordance with the terms on
which the end-user uses the service.

(2) 15This section does not affect whether a provider of an internet access service
may prevent or restrict access to anything on the service in other
circumstances.

(3) In this section—

• “end-user” means an end-user of a public electronic communications
  20service, within the meaning given by section 151(1) of the
  Communications Act 2003;

• “internet access service” has the meaning given by Article 2(2) of
  Regulation (EU) 2015/2120 of the European Parliament and of the
  Council of 25th November 2015 laying down measures concerning
  25open internet access and amending Directive 2002/22/EC on universal
  service and users’ rights relating to electronic communications
  networks and services and Regulation (EU) No 531/2012 on roaming
  on public mobile communications networks within the Union.

Duty to provide information about tickets

109 30Duty to provide information about tickets

In section 90 of the Consumer Rights Act 2015 (duty to provide information
about tickets), after subsection (4)(d) insert—

“(e) the ticket reference or booking number;

(f) any specific condition attached to the resale of the ticket.”

35Offence of breaching limit on ticket sales

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

(1) The Secretary of State may make regulations providing that it is an offence for
a person in circumstances within subsection (2) to do an act within subsection
(3).

(2) 40Circumstances are within this subsection if each of the following applies—