Amendment Paper as at
Tuesday 25th January 2000
CONSIDERATION OF BILL
ELECTRONIC COMMUNICATIONS BILL, AS AMENDED
NEW CLAUSES
Application of law to contracts
Mr Nick St. Aubyn
Mr David Ruffley
NC1
To move the following Clause:—
'.—All contracts to supply a service or a product enforceable under English law solely by virtue of the terms and provisions of this Act shall be governed by the law of the country of origin of such service or product, except when it is expressly agreed by all parties to such a contract that it shall be governed by the law of the country of destination of such service or product.'.
Report to select committee
Mr Nick St. Aubyn
Mr David Ruffley
NC2
To move the following Clause:—
'.—On each anniversary of the day on which this Act is passed, the Secretary of State shall publish for consideration by the Select Committee on Trade and Industry a report on—
(a) the regulation of cryptography support services provided in the Act;
(b) the commercial use of electronic signatures and related certificates under United Kingdom law;
(c) the exercise of the powers to modify legislation contained in Part II of this Act.'.
Country of origin
Mr David Ruffley
Mr Nick St. Aubyn
NC3
To move the following Clause:—
'When the country of origin differs from the country of destination for a service or product contracted through the medium of an electronic communication, the vendor shall fully disclose prior to binding confirmation of such contract the liability of the purchaser of such service or product for any duties, taxes or other levies arising in the country of destination; and the purchaser shall otherwise be entitled under English law to retain or reclaim from the vendor or his United Kingdom agents the amount of any such duties, taxes or other levies lawfully demanded by the tax authorities in such country of destination.'.
Mr Alan Duncan
5
Page 2, line 7 [Clause 2], at end insert—
'(1A) In order to grant an approval the Secretary of State must be satisified that that person—
(a) will comply, in providing the services in respect of which he is approved, with such technical and other requirements as may be prescribed;
(b) is a person in relation to whom such other requirements as may be prescribed are, and will continue to be, satisfied;
(c) is, and will continue to be, able and willing to comply with any requirements that the Secretary of State is proposing to impose by means of conditions of the approval; and
(d) is otherwise a fit and proper person to be approved in respect of those services.
(1B) Regulations made by virtue of paragraph (a) or (b) of subsection (1A) may frame a requirement for the purposes of that subsection by reference to the opinion of a person specified in the regulations, or of a person chosen in a manner determined in accordance with the regulations.'.
Mr Alan Duncan
6
Page 2, line 8 [Clause 2], after 'arrangements', insert 'for approval'.
Mr Alan Duncan
7
Page 2 [Clause 2], leave out lines 12 and 13.
Mr Alan Duncan
8
Page 2 [Clause 2], leave out lines 27 to 42.
Mr Alan Duncan
9
Page 2, line 44 [Clause 2], after 'conditions', insert 'referenced above in subsection (2)(b)'.
Mr Alan Duncan
10
Page 3, line 12 [Clause 2], leave out '(3)' and insert '(1A)'.
Mr Alan Duncan
11
Page 6, line 1 [Clause 6], leave out subsection (2) and insert—
'(2) References in this Part to the provision of cryptography support services exclude the supply of computer hardware or software, or the right to use them, except where that supply is an integral part of cryptography support services supplied by the same provider.'.
Mr Secretary Byers
13
Page 6, line 2 [Clause 6], after 'service' insert 'do not'.
Mr Secretary Byers
14
Page 6, line 3 [Clause 6], leave out from 'hardware' to 'of' in line 4 and insert 'except where the supply is integral to the provision'.
Mr Secretary Byers
1
Page 6, line 34 [Clause 7], leave out 'certified either' and insert 'made a statement confirming that'.
Mr Secretary Byers
2
Page 6, line 36 [Clause 7], leave out 'the means of producing or communicating' and insert 'a means of producing, communicating or verifying'.
Mr Secretary Byers
3
Page 6, line 38 [Clause 7], leave out 'as' and insert 'is (either alone or in combination with other factors)'.
Mr Alan Duncan
12
Page 13, line 37 [Clause 13], leave out 'deposit a key for electronic data with' and insert 'render electronic data intelligible to the satisfaction of'.
Mr Secretary Byers
4
Page 13, line 42 [Clause 13], leave out 'of making the data' and insert 'that the information contained in a record kept in pursuance of any provision made by or under any enactment or subordinate legislation becomes'.
