S.C.E.
Amendment Paper as at
Tuesday 7th January 2003
STANDING COMMITTEE E
New Amendments handed in are marked thus *
COMMUNICATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [10th December].
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
109
Clause 95, page 90, line 19, leave out fourth 'the' and insert 'a'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
110
Clause 95, page 90, line 22, leave out 'the' and insert 'a'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
111
Clause 95, page 90, line 23, leave out from second 'that' to end of line 24 and insert 'a direction was justified, they may confirm the direction with or without modifications'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
95
Page 91, line 44, leave out Clause 97.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
115
Clause 98, page 93, line 3, leave out 'or 97'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
96
Clause 98, page 93, line 4, leave out 'or contravening supplier'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
97
Clause 98, page 93, line 10, leave out 'or the contravening supplier'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
116
Clause 98, page 93, line 14, leave out 'or 97'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
98
Clause 98, page 93, line 15, leave out 'or contravening supplier'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
117
Clause 98, page 93, line 23, leave out 'or 97'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
99
Clause 98, page 93, line 32, leave out 'or contravening supplier'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
118
Clause 98, page 93, line 39, leave out from '96' to end of line 40.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
112
Clause 100, page 94, line 14, leave out paragraph (a).
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
113
Clause 100, page 94, line 31, at end add—
'(4) Any proceedings brought against a person by virtue of subsection (2)(a) shall be suspended pending the outcome of any appeal under section 187 in respect of any decision of OFCOM in relation to the breach or alleged breach which is the subject matter of the proceedings and the outcome of such appeal shall be binding in relation to those proceedings.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
245
Clause 116, page 107, line 27, after 'content', insert ', promotion'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
274
Clause 116, page 107, line 40, after second 'power', insert—
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
275
Clause 116, page 107, line 41, at end insert 'and
| (b) | to determine, subject to such conditions as they think fit, that any premium rate service of any description, or any individually specified such service provided by a person, is not to be treated as a premium rate service for the purpose of any condition set under subsection (1).'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
247
Clause 116, page 108, line 5, at end insert 'and'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
295
Clause 116, page 108, line 5, at end insert 'and that charge is set at an amount or rate which exceeds such amount or rate as OFCOM may specify by order for the purposes of this section.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
296
Clause 116, page 108, line 6, leave out paragraphs (c) and (d) and insert—
'(7A) This section does not apply to a premium rate service unless—
| (a) | the charge for that service is required to be paid to the person providing the electronic communications service by means of which the premium rate service is received directly by the user of the premium rate service, and |
| (b) | that charge is imposed in the form of a charge made by that person for the use of that electronic communications service.'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
246
Clause 116, page 108, line 7, leave out first 'service' and insert 'network'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
248
Clause 116, page 108, line 8, leave out from 'provided' to end of line 10.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
276
Clause 116, page 108, line 14, leave out paragraph (b) and insert—
| '(b) | part of the overall charge paid being payment for the content of the electronic communications or other product or service delivered in the course of, or as a direct result of the electronic communication is passed on, directly or indirectly, to the person providing the premium rate service.'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
297
Clause 116, page 108, line 21, leave out paragraph (b) and insert—
| (i) | is the provider of the electronic communications service through which the premium rate service is received directly by the user of that premium rate service, and |
| (ii) | charges that user in respect of the use of the electronic communications service for the use or reception of that premium rate service, and |
| (iii) | has made an agreement with the content provider under which that charge is shared with the content provider. |
(9A) For the purposes of paragraph (b) of subsection (9) a person is a content provider in relation to a premium rate service if that person falls within paragraph (a) of that subsection in relation to that service.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
249
Clause 116, page 108, leave out lines 23 to 27 and insert—
| '(c) | he is the provider of an electronic communications network used for the transmission of communications comprised in the service.'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
298
Clause 116, page 108, line 39, at end add—
'(12) Section 388 shall apply to the power of OFCOM to make orders under this section.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
277
Clause 117, page 109, line 19, leave out 'the pricing of premium rate services' and insert 'the transparency of pricing of premium rate services and the maximum amounts payable for each transmission of a premium rate service before a transmission is terminated.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
278
Clause 118, page 109, line 37, after 'about', insert 'the transparency of'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
250
Clause 118, page 110, leave out line 8 and insert—
| '(ee) | power to provide for such a person to impose fines not exceeding £250,000 or to require the barring of access to particular premium rate services or to a range of premium rate services or to do both; |
| (ef) | power to provide for such a person to enforce, or to participate in the enforcement of, any such impositions or requirements made under such an order; and'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
251
Clause 120, page 111, line 14, at end insert—
'(1A) If OFCOM considers that there are reasonable grounds for suspecting that the case is urgent in that there is an immediate risk of a serious threat to the safety of the public, to public health or to national security, to public policy or to consumers and that the urgency of the case makes it appropriate for them to take immediate action then they may issue an immediate direction under this section, notwithstanding that the conditions in paragraphs (a) to (c) of subsection (1) are not satisfied.'.
