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'(b) to establish qualifying companies, to purchase or otherwise acquire shares, stocks or other securities of qualifying companies and to assist any qualifying company.
(1B) In subsection (1A)(b) "qualifying company" means any company (whether incorporated under the law of the United Kingdom or of any other country) which is or will be wholly or mainly engaged in one or more of the following activities--
(a) the provision of one or more services which are licensed by the Commission or by the Radio Authority or which, if provided in the United Kingdom, would be required to be so licensed,
(b) activities incidental to such provision, and
(c) the holding of shares in any other company which is wholly or mainly engaged in such provision or in activities incidental to such provision." '--[Mr. Wood.]
Clause 83
Mr. Rowlands: I beg to move amendment No. 216, in page 73, line 20, after 'determined', insert
', subject to subsection (6B) below'.
Mr. Deputy Speaker: With this, it will be convenient to discuss the following amendments: No. 217, in page 73, line 28, at end insert--
'(6B) Where the payments received or to be received by the licence holder in connection with the licensed service derive wholly or mainly from the sale of goods or the supply of services not falling within subsection (2)(a) or (2)(b) of section 19, the qualifying revenue of the licence holder shall be determined in accordance with the principles set out in the statement referred to in Part I of Schedule 7".'.
No. 218, in clause 85, page 74, line 44, after 'determined', insert
No. 219, in page 75, line 7, at end insert--
Mr. Rowlands:
My amendment involves a point that I raised in Committee. The Minister said that he would consider it, but he has not responded. The ITC wishes to pursue the question of whether the qualifying revenues in clauses 83 and 85 cover revenues from home shopping channels. I would be grateful if he could answer that point. [Interruption.] Does the Minister wish me to elaborate further?
Mr. Sproat:
In the general uproar, I could not hear what the hon. Gentleman was saying. Perhaps he could swiftly repeat his point.
Mr. Rowlands:
In Committee, I asked whether, under clauses 83 and 85, home shopping channel revenues counted as qualifying revenues in respect of the £50,000 fines. The Minister promised that he would find out whether the ITC had a point. The fines involve a sum of up to £50,000 or up to a specified percentage of the qualifying revenue as defined in section 19 of the Broadcasting Act 1990. That includes advertising sponsorship and subscription income. The ITC is concerned about whether the large and growing home shopping channel revenues will be covered by the fines.
Mr. Sproat:
I thank the hon. Gentleman for his courtesy in repeating his question. The answer is no.
Mr. Rowlands:
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendments made: No. 86, in page 138, leave out lines 1 and 2.
No. 87, in page 139, line 4, leave out from 'State' to end of line.--[Mr. Wood.]
Amendments made: No. 10, in page 143, line 45, at end insert--
No. 141, in page 149, line 17, at end insert--
', subject to subsection (9B) below'.
'(9B) Where the payments received or to be received by the licence holder in connection with the licensed service derive wholly or mainly from the sale of goods or the supply of services not falling within subsection (2)(a) or (2)(b) of section 19, the qualifying
'(aa) rights and liabilities of the BBC under any agreement or arrangement for the payment of pensions, allowances and gratuities ,'.
10.--(1) A transfer in accordance with a transfer scheme may be made for consideration or for no consideration and, if it is made for consideration, the consideration may, in particular, take the form of the issue of shares or securities.
(2) In sub-paragraph (1), "transfer" has the meaning given by paragraph 1(1) of Schedule (Transfer schemes relating to the BBC transmission network: taxation provisions).'.--[Mr. Wood.]
Amendment made: No. 139, in page 105, line 33, at end insert
', or the issue of shares or securities,'.--[Mr. Wood.]
Amendment made: No. 253, in page 109, line 24, after 'sections' insert
'(Standards for transmission systems) and'.--[Mr. Wood.]
Amendments made: No. 11, in page 151, line 31, after 'paragraph (b)' insert--
'(i)''.
No. 12, in page 151, line 32, at end insert--
'(ii) after "television programme services" there is inserted "and multiplex services (as defined by section 1(1) of that Act), and
(iii) for "such services" there is substituted "television programme services.'.
No. 214, in page 151, line 47, at end insert--
'. In section 72 of the 1990 Act (local delivery services), in subsection (2)--
(a) after paragraph (c) there is inserted--
"(cc) any digital programme service (as defined by section 1(4) of the Broadcasting Act 1996);", and
(b) at the end there is inserted "and
(f) any digital sound programme service (as defined by section 36(5) of the Broadcasting Act 1996)." '
No. 13, in page 152, line 20, at end insert 'digital sound programme'.
No. 88, in page 152, line 26, at end insert--
'. In section 112 of the 1990 Act (licensable sound programme services), in subsection (2)(a), after "sound broadcasting service" there is inserted "or a radio multiplex service (as defined by section 36(1) of the Broadcasting Act 1996)".'
No. 89, in page 152, line 29, at end insert--
'. In section 176 of the 1990 Act (duty to provide advance information about programmes), in subsection (7), in the first column of the table--
(a) after "Welsh Authority" there is inserted "and the service referred to in section 57(1A)(a)", and
(b) after "Radio Authority" there is inserted ", any simulcast radio service (within the meaning of Part II of the Broadcasting Act 1996), and any national digital sound programme service (within the meaning of that Part of that Act) subject to regulation by the Radio Authority" '.
No. 97, in page 153, line 5, after 'company' insert
', a Channel 4 company'.
No. 98, in page 153, line 13, after 'the BBC' insert--
'( ) in relation to a Channel 4 company, the Channel Four Television Corporation,'
No. 90, in page 153, line 16, after 'inserted ",' insert
'a multiplex service (as defined by section 1(1) of the Broadcasting Act 1996),'.
No. 99, in page 153, line 30, after 'BBC company' insert
', a Channel 4 company'.
No. 100, in page 153, line 36, after 'the BBC' insert--
'( ) in relation to a Channel 4 company, the Channel Four Television Corporation,'
No. 101, in page 153, line 42, at end insert--
'( ) after the definition of "broadcast" there is inserted--
""a Channel 4 company" means--
(a) any body corporate which is controlled by the Channel Four Television Corporation, or
(b) any body corporate in which the Corporation or any body corporate falling within paragraph (a) above is (to any extent) a participant (as defined in paragraph 1(1) of Part I of Schedule 2);" '.--[Mr. Wood.]
Amendments made: No. 47, in page 156, line 45, column 3, after 'it,' insert
'in subsection (10) the words from "and for this purpose" onwards,'.
No. 215, in page 156, line 49, column 3, at end insert
'In section 72(2)(d), the word "and".'.
No. 48, in page 157, line 24, at end insert--
'S.I. 1991/1246 The Cable (Excepted Programmes) Order 1991. The whole order.' --[Mr. Wood.]
Amendments made: No. 7, in page 109, line 31, at end insert--
'( ) paragraphs 6 to 8 of Schedule 2 so far as relating to BBC companies (as defined by section 202(1) of the 1990 Act), and section 69 so far as relating to those paragraphs in their application to such companies,'.
No. 91, in page 109, line 35, at end insert--
'( ) section (Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision),'.
No. 140, in page 109, line 36, after '5' insert
', (Transfer schemes relating to the BBC transmission network: taxation provisions)'.
No. 164, in page 109, line 36, after '5' insert
', (Transfer schemes relating to the BBC transmission network: successor companies)'.--[Mr. Wood.]
Amendment made: No. 252, in page 110, line 8, after 'Act' insert
'except paragraph 24 of Schedule 7'.--[Mr. Wood.]
Amendment made: No. 172, in title, line 6, after 'interest' insert
'to amend in other respects the law relating to the provision of television and sound programme services'.--[Mr. Wood.]
Order for Third Reading read.
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