S.C.B.
Amendment Paper as at
Tuesday 14th December 1999
STANDING COMMITTEE B
New Amendments handed in are marked thus *
ELECTRONIC COMMUNICATIONS BILL
Mr Alan Duncan
Mrs Eleanor Laing
12
Page 3, line 28, leave out Clause 3.
Mr Brian Cotter
Mr Richard Allan
25
Clause 4, page 5, leave out lines 16 to 18.
Mr Alan Duncan
Mrs Eleanor Laing
13
Clause 5, page 5, line 28, at beginning insert 'Except where otherwise provided,'.
Mr Alan Duncan
Mrs Eleanor Laing
14
Clause 5, page 5, leave out lines 31 to 35.
Mr Alan Duncan
Mrs Eleanor Laing
15
Clause 6, page 6, leave out lines 1 to 5.
Mr Alan Duncan
Mrs Eleanor Laing
16
Clause 6, page 6, leave out line 8.
Mr Alan Duncan
Mrs Eleanor Laing
17
Clause 6, page 6, leave out lines 9 and 10.
Mr Alan Duncan
Mrs Eleanor Laing
18
Clause 6, page 6, line 12, leave out 'or' and insert 'and'.
Mr Alan Duncan
Mr Nick St. Aubyn
48
Clause 7, page 6, line 23, at end insert 'where the recipient of the electronic communication or data shall have taken reasonable steps to protect its integrity at receipt'.
Mr Alan Duncan
Mr Nick St. Aubyn
49
Clause 7, page 6, line 36, leave out second 'or'.
Mr Alan Duncan
Mr Nick St. Aubyn
50
Clause 7, page 6, line 37, at end insert 'or'.
Mr Alan Duncan
Mr Nick St. Aubyn
51
Clause 7, page 6, line 37, at end insert—
'(d) data logically associated with the means of producing the signature for use in a procedure to be applied to the signature'.
Mr Alan Duncan
Mr Nick St. Aubyn
52
Clause 7, page 6, line 39, after second 'data', insert 'or the formality of a contract'.
Mr Brian Cotter
Mr Richard Allan
47
Clause 8, page 6, line 40, leave out 'may' and insert 'shall, within one year of the coming into force of this section,'.
Ms Patricia Hewitt
29
Clause 8, page 7, line 4, after 'is' insert 'required'.
Ms Patricia Hewitt
30
Clause 8, page 7, line 5, after 'done' insert 'or evidenced'.
Ms Patricia Hewitt
31
Clause 8, page 7, line 7, after 'is' insert 'required'.
Ms Patricia Hewitt
32
Clause 8, page 7, line 9, after 'is' insert 'required'.
Ms Patricia Hewitt
33
Clause 8, page 7, line 11, after 'be' insert 'delivered as a deed or'.
Ms Patricia Hewitt
34
Clause 8, page 7, line 20, after 'is' insert 'required'.
Mr Alan Duncan
Mr Nick St. Aubyn
53
Clause 8, page 7, leave out lines 42 and 43.
Mr Alan Duncan
Mr Nick St. Aubyn
54
Clause 8, page 8, line 11, after 'storage', insert 'except that no provision may be made for any institution or person to charge a fee for the electronic storage of a record which heretofore has carried no charge'.
Mr Alan Duncan
Mr Nick St. Aubyn
55
Clause 8, page 8, line 26, at end insert—
'(m) provision for confirmation that no electronic signature has been transmitted under duress for such signatures as heretofore would have required witnessing'.
Mr Alan Duncan
Mr Nick St. Aubyn
56
Clause 8, page 8, line 48, at end insert—
'(8) No order under this section shall require an electronic signature to be certified by any person other than its maker unless (apart from this Act or any order made under it) a signature (not being an electronic signature) made for the same purpose is required to be notarised or otherwise authenticated by a person other than its maker. A requirement for a signature to be witnessed shall not be treated for this purpose as a requirement for it to be authenticated.'.
Mr Alan Duncan
Mr Nick St. Aubyn
57
Clause 8, page 8, line 48, at end insert—
'(9) No order under this section shall make any provision inconsistent with the following provisions of this section.
(10) Unless otherwise agreed between the purported sender and the recipient of an electronic communication, the purported sender of the electronic communication is bound by that communication only if the communication was sent by the purported sender or with the authority of the purported sender.
(11) Unless otherwise agreed between the purported maker of an electronic signature and any person relying on it (or any person through or under whom the person relying on it claims), the purported maker of the electronic signature is bound by that signature only if the signature was made by the purported maker or with the authority of the purported maker.
(12) Subsections (10) and (11) are not intended to affect the operation of a law (whether written or unwritten) that makes provision for:
(a) conduct engaged in by a person within the scope of the person's actual or apparent authority to be attributed to another person; or
(b) a person to be bound by conduct engaged in by another person within the scope of the other person's actual or apparent authority.'.
Mr Alan Duncan
Mr Nick St. Aubyn
58
Clause 9, page 9, leave out lines 27 to 29.
Ms Patricia Hewitt
35
Clause 9, page 9, line 40, leave out subsection (7) and insert—
'(7) In the case of any matter which is not one of the reserved matters within the meaning of the Scotland Act 1998 or in respect of which functions are, by virtue of section 63 of that Act, exercisable by the Scottish Ministers instead of by or concurrently with a Minister of the Crown, this section and section 8 shall apply to Scotland subject to the following modifications—
(a) subsections (1) and (2) of this section are omitted;
(b) any reference to the appropriate Minister is to be read as a reference to the Secretary of State;
(c) any power of the Secretary of State, by virtue of paragraph (b), to make an order under section 8 may also be exercised by the Scottish Ministers with the consent of the Secretary of State; and
(d) where the Scottish Ministers make an order under section 8—
(i) any reference to the Secretary of State (other than a reference in this subsection) shall be construed as a reference to the Scottish Ministers; and
(ii) any reference to Parliament or to a House of Parliament shall be construed as a reference to the Scottish Parliament.'
Ms Patricia Hewitt
36
Clause 10, page 10, line 39, leave out from 'so' to end of line 42.
Ms Patricia Hewitt
37
Clause 10, page 12, leave out lines 1 to 18.
Ms Patricia Hewitt
38
Clause 10, page 12, line 34, leave out ', (3)'.
Ms Patricia Hewitt
39
Clause 10, page 12, line 41, leave out from 'objected' to end of line 48.
Ms Patricia Hewitt
40
Clause 10, page 13, line 1, leave out 'or (3)(b)'.
Ms Patricia Hewitt
41
Clause 10, page 13, line 14, leave out from beginning to 'and' in line 19.
Ms Patricia Hewitt
42
Clause 10, page 13, line 24, leave out 'or (3)'.
Ms Patricia Hewitt
43
Clause 10, page 13, line 26, leave out 'or who has already objected to it'.
Ms Patricia Hewitt
44
Clause 10, page 13, line 28, leave out from beginning to end of line 8 on page 14.
Ms Patricia Hewitt
45
Clause 10, page 14, line 28, leave out subsection (6).
Ms Patricia Hewitt
46
Page 14, line 31, leave out Clause 11.
Mr Alan Duncan
Mr Nick St. Aubyn
59
Clause 13, page 15, line 43, leave out from beginning to end of line 5 on page 16 and insert—
'(a) treating an electronic communication as not having been made if the intended recipient is not in possession of a key for electronic data comprised in that communication and so notifies the sender within a reasonable time; or
(b) imposing on a person who is under a duty to store and make available any data, and who stores it in any electronic form such that a key is required to gain access to the data or to make it intelligible, a duty to secure that the key is available when the data is required to be made available.'.
Mr Alan Duncan
Mr Nick St. Aubyn
60
Clause 15, page 17, line 12, leave out '7'.
Mr Alan Duncan
Mr David Ruffley
Mr Nick St. Aubyn
61
*Clause 15, page 17, line 17, leave out 'five' and insert 'two'.
NEW CLAUSE
Appeals against modifications of licence conditions
Ms Patricia Hewitt
NC1
To move the following Clause:—
'. In subsection (1) of section 46B of the Telecommunications Act 1984 (appeals against decisions of the Secretary of State or the Director), after paragraph (d) there shall be inserted—
"(da) a decision with regard to the modification under section 12 of a condition of a licence granted under section 7 above to a particular person;"'.
