Amendments proposed to the Communications Bill - continued House of Commons

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OFCOM review duties in relation to BBC's services

   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

NC20

To move the following Clause:—

    '(1)   Prior to the Secretary of State approving under the Charter or the Agreement the provision by the BBC of any new service or changes to an existing service whether or not a broadcasting or programme supply service it shall be the duty of OFCOM to prepare and publish a report commenting on whether the proposed new service or changes to the existing service will satisfy the objectives set out in subsection (2).

    (2)   The objectives referred to in subsection (1) are—

      (a) the new service or the changes to the existing service are compatible with the BBC's primary public service role as set out in the Charter and Agreement and that it shall further any or all of the public purposes of the BBC or any of the services it provides as set out in those documents;

      (b) that the value to the public of the new service or changes to an existing service will be proportionate to the likely impact on the market;

      (c) that the new service will be universally accessible within a reasonable period of time free at the point of use;

      (d) that the new service or the changes to the existing service will represent value for money for licence fee payers.

    (3)   The BBC shall—

      (a) as soon as practicable after the coming into force of this section and subsequently at annual intervals prepare and publish a statement of programme policy for each of the BBC's services; and

      (b) monitor its own performance in the carrying out of the proposals contained in the statements.

    (4)   Every statement of programme policy must include—

      (a) proposals for securing that during the following year—

      (i) the public service role of the BBC and the BBC's services will be fulfilled;

      (ii) the functions, duties and obligations of the BBC and the BBC's services as set out in the Charter and Agreement will be fulfilled;

      (iii) such other matters as OFCOM may determine from time to time;

      (b) a report on the performance of the BBC in the carrying out, during the period since the previous statement, of the proposals contained in that statement.

    (5)   It shall be the duty of OFCOM as soon as practicable after the end of the period of twelve months beginning with the commencement of this section and thereafter at such periods as OFCOM may determine to prepare and publish a report which must—

      (a) comment on the extent to which new services provided by the BBC and changes to existing services—

      (i) comply with the terms of the approval granted by the Secretary of State for such new services or changes to existing services; and

      (ii) satisfy the objectives set out in subsection (2);

      (b) comment on the extent to which the BBC has—

      (i) fulfilled any statement of programme policy made by it;

      (ii) made an adequate contribution towards the satisfaction of the general purposes of public service television broadcasting in the United Kingdom set out in section 256(4);

      (c) specify the changes which in the opinion of OFCOM are required to the agreement between the BBC and the Secretary of State to ensure that the BBC fulfils the statements of programme policy referred to in subsection (3) and that the BBC makes an adequate contribution to public service television broadcasting in the United Kingdom.

    (6)   In this section—

       "Charter" means the Royal Charter for the Continuance of the British Broadcasting Corporation—May 1996 and any renewal or replacement thereof;

       "Agreement" means any agreement made (whether before or after the coming into force of this section) between the BBC and the Secretary of State to regulate the provision of the BBC's services and to carrying on by the BBC of other activities for purposes connected with the provision of those services.

    (7)   In this section "new services" shall mean all new services approved (whether before or after the coming into force of this section) by the Secretary of State under the Charter or the Agreement.'.


Publication of reasons relating to orders amending section 58(2A) or (2B)

   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

NC21

To move the following Clause:—

       'In section 107 of the Enterprise Act 2002 (further publicity requirements, reasons etc)—

      (a) in subsection (8)(b) at the beginning there shall be inserted "subject to subsection (8A)", and

      (b) after subsection (8) there shall be inserted—

          "(8A) Such reasons shall, in the case of subsection (7)(b) where the order affects section 58(2A) or (2B), be published not later than the time the order is published or if it is not reasonably practicable to publish the reasons by that time, not later than three weeks after that time.

          (8B) Where such reasons ("the main reasons") are published after the time an order affecting section 58(2A) or (2B) is made, the reasons for the delay in publication shall be published together with the main reasons.".'.


Free of charge newspapers

   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

NC22

To move the following Clause:—

       'In section 129 of the Enterprise Act 2002 (other interpretation provisions) after subsection (4) there shall be inserted—

          "(5)   For the purposes of determining any market share of a newspaper by reference to the number of copies sold in any market, copies of a newspaper which is distributed free of charge (rather than sold) which are distributed in that market shall be taken into account as if they had been sold.".'.


Better regulation principles to apply in relation to newspaper mergers

   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

NC23

To move the following Clause:—

       'The following section shall be inserted in the Enterprise Act 2002 after section 119—

          "119A.   Application of better regulation principles

             In carrying out their functions under this Part in respect of newspaper mergers, the OFT and OFCOM shall have regard to the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed.".'.


Restricted covenants affecting freehold property

   

Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban

NC24

To move the following Clause:—

    '(1)   This section applies where by virtue of a restrictive covenant the owner of any premises is restricted, either absolutely or to any extent—

      (a) in choosing an electronic communications services or a supplier of such services, or

      (b) with respect to any other electronic communications matter.

    (2)   Where this section applies, the covenant, to the extent that it restricts the owner of premises as mentioned in subsection (1),

      (a) if it requires the consent of any person to be obtained before anything to which the restriction relates is done, shall have effect as if it required that consent not to be unreasonably withheld;

      (b) in any other case, shall have effect as if it required the consent of the person entitled to the benefit of the restrictive covenant to be obtained to the doing of anything to which the restriction relates and as if it required that consent not to be unreasonably withheld.

    (3)   Subsections (5) to (7) of section 130 shall apply in relation to a restriction falling within subsection (2) of this section as those subsections apply in relation to a prohibition or restriction falling within subsection (1) or (2) of section 130.

    (4)   This section applies to restrictive covenants whenever made, but shall not apply to a covenant in existence before the commencement of this section if OFCOM by order excludes such covenants from this section.

    (5)   Section 388 applies to the powers of OFCOM to make orders under this section.'.


NEW SCHEDULE

   

Nick Harvey
Mr Richard Allan

NS1

To move the following Schedule:—

'Enforcement of sections [notification requirements for satellite
packagers] and [conditions applying to satellite packagers]

Part 1

Failure to notify under section [notification requirements for satellite packagers]

    Notification of failure    1 (1)   Where OFCOM determine that there are reasonable grounds for believing that a person has failued to give a notification that he is required to give by section [notification requirements for satellite packagers], they may give him a notification under this paragraph.

    (2)   A notification under this paragraph is one which—

      (a) sets out the determination made by OFCOM; and

      (b) specifies the period during which the person notified has an opportunity of doing the things specified in sub-paragraph (4).

    (3)   That period must be a reasonable period.

    (4)   Those things are—

      (a) making representations about the determination; and

      (b) providing OFCOM with the information which the notified person should have provided for the purposes of section [notification requirement for satellite packagers] but has not.

    (5)   A notification under this paragraph—

      (a) may be given in respect of more than one contravention of section [notification requirements for satellite packages]; and

      (b) if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

    (6)   Where a notification under this paragraph has been given to any person in respect of a particular contravention of section [notification requirements for satellite packagers], OFCOM may give a further notification in respect of that contravention if, and only if—

      (a) the subsequent notification is in respect of so much of a period during which the contravention in question was continuing as falls after any period to which the earlier notification relates; or

      (b) the earlier notification has been withdrawn without a penalty having been imposed by reference to the notified contravention.

    Enforcement notification for failure    2 (1)   This paragraph applies where—

      (a) a person ("the notified packager") has been given a notification under paragraph 1;

      (b) OFCOM have allowed the notified packager an opportunity of making representations about the notified determination; and

      (c) the period allowed for the making of the representations has expired.

    (2)   OFCOM may give the notified packager an enforcement notification if they are satisfied—

      (a) that he is or has been in contravention, in any of the respects notified, of section [notification requirements for satellite packagers]; and

      (b) that he has not himself, during the period allowed under paragraph 1, taken all such steps as OFCOM consider appropriate for providing them with the information which he should have provided to them but has not.

    (3)   An enforcement notification is a notification which imposes a requirement on the notified packager to take all such steps for providing OFCOM with that information as may be specified in the notification.

    (4)   A decision of OFCOM to give an enforcement notification to any person must fix a reasonable period for the taking of the steps required by the notification.

    (5)   It shall be the duty of a person to whom an enforcement notification has been given to comply with it.

    (6)   That duty shall be enforceable in civil proceedings by OFCOM for an injunction, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36), or for any other appropriate remedy or relief.

    Penalty for failure    3 (1)   This paragraph applies (in addition to paragraph 2) where—

      (a) a person ("the notified packager") has been given a notification under paragraph 1;

      (b) OFCOM have allowed the notified packager an opportunity of making representations about the matters notified; and

      (c) the period allowed for the making of the representations has expired.

    (2)   OFCOM may impose a penalty on the notified packager if he has been in contravention, in any of the respects notified, of section [notification requirements for satellite packagers].

    (3)   Where a notification under paragraph 1 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.

    (4)   Where such a notification relates to a continuing contravention, no more than one penalty may be imposed in respect of the period specified in the notification during which that contravention continued.

    (5)   OFCOM may also impose a penalty on the notified packager if he has contravened, or is contravening, a requirement of an enforcement notification given in respect of the notified contravention.

    (6)   The amount of a penalty imposed under this paragraph is to be such amount not exceeding £10,000 as OFCOM, having regard to the matters mentioned in sub-paragraph (7), determine to be—

      (a) appropriate; and

      (b) proportionate to the contravention in respect of which it is imposed.

    (7)   Those matters are—

      (a) any representations made to OFCOM by the notified packager, and

      (b) any steps taken by him towards complying with his obligations under section [notification requirements for satellite packagers].

    (8)   Where OFCOM impose a penalty on a person under this paragraph they shall—

      (a) notify the person penalised; and

      (b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

    (9)   A penalty imposed under this paragraph—

      (a) must be paid to OFCOM; and

      (b) if not paid within the period fixed by them, is to be recoverable by them accordingly.

    (10)   The Secretary of State may by order amend this paragraph so as to substitute a different maximum penalty for the maximum penalty for the time being specified in sub-paragraph (6).

Part 2

Contravention of must-distribute obligations

    Notification of failure    4 (1)   Where OFCOM determine that there are reasonable grounds for believing that a person has contravened or is contravening a must-distribute obligation, they may give him a notification under this paragraph.

    (2)   A notification under this paragraph is one which—

      (a) sets out the determination made by OFCOM;

      (b) specifies the obligation and contravention in respect of which that determination has been made; and

      (c) specifies the period during which the person notified has an opportunity of doing the things specified in sub-paragraph (4).

    (3)   That period must be a reasonable period.

    (4)   Those things are—

      (a) making representations about the matters notified;

      (b) complying with notified obligations of which he remains in contravention; and

      (c) remedying the consequences of notified contraventions.

    (5)   A notification under this paragraph—

      (a) may be given in respect of more than one contravention; and

      (b) if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

    (6)   Where a notification under this paragraph has been given to any person in respect of a particular contravention, OFCOM may give a further notification in respect of that contravention if, and only if—

      (a) the contravention is in respect of so much of a period during which the contravention in question was continuing as falls after any period to which the earlier notification relates; or

      (b) the earlier notification has been withdrawn without a penalty having been imposed with respect to the notified contravention.

    Enforcement notification for failure    5 (1)   This paragraph applies where—

      (a) a person ("the notified packager") has been given a notification under paragraph 4;

      (b) OFCOM have allowed the notified packager an opportunity of making representations about the matters notified; and

      (c) the period allowed for the making of the representations has expired.

    (2)   OFCOM may give the notified packager an enforcement notification if they are satisfied—

      (a) that he is or has been in contravention, in any of the respects notified, of an obligation notified in the notification under paragraph 4; and

      (b) that he has not himself, during the period allowed under that paragraph, taken all such steps as OFCOM consider appropriate for—

      (i) complying with that obligation; and

      (ii) remedying the consequences of the notified contravention of that obligation.

    (3)   An enforcement notification is a notification which imposes one or more of the following requirements on the notified packager—

      (a) a requirement to take such steps for complying with the notified obligation as may be specified in the notification;

      (b) a requirement to take such steps for remedying the consequences of the notified contravention as may be so specified.

    (4)   A decision of OFCOM to give an enforcement notification to any person must fix a reasonable period for the taking of the steps required by the notification.

    (5)   It shall be the duty of a person to whom an enforcement notification has been given to comply with it.

    (6)   That duty shall be enforceable in civil proceedings by OFCOM for an injunction, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36), or for any other appropriate remedy or relief.

    Penalty for failure    6 (1)   This paragraph applies (in addition to paragraph 5) where—

      (a) a person ("the notified packager") has been given a notification under paragraph 4;

      (b) OFCOM have allowed the notified packager an opportunity of making representations about the matters notified; and

      (c) the period allowed for the making of the representations has expired.

    (2)   OFCOM may impose a penalty on the notified packager if he is, or has been, in contravention, in any of the respects notified, of an obligation notified in the notification under paragraph 4.

    (3)   Where a notification under paragraph 4 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.

    (4)   Where such a notification relates to a continuing contravention, no more than one penalty may be imposed in respect of the period specified in the notification during which that contravention continued.

    (5)   OFCOM may also impose a penalty on the notified packager if he has contravened, or is contravening, a requirement of an enforcement notification given in respect of the notified contravention.

    (6)   Where OFCOM impose a penalty on a person under this paragraph they shall—

      (a) notify the person penalised; and

      (b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

    (7)   A penalty imposed under this paragraph—

      (a) must be paid to OFCOM; and

      (b) if not paid within the period fixed by them, is to be recoverable by them accordingly.

    Amount of penalty    7 (1)   The amount of a penalty imposed under paragraph 6 is to be such amount not exceeding ten per cent. of the turnover of the notified packager's relevant business for the relevant period as OFCOM, having regard to the matters mentioned in sub-paragraph (2), determine to be—

      (a) appropriate; and

      (b) proportionate to the contravention in respect of which it is imposed.

    (2)   Those matters are—

      (a) any representations made to OFCOM by the notified packager;

      (b) any steps taken by him towards complying with the obligation contraventions of which have been notified to him under paragraph 4; and

      (c) any steps taken by him for remedying the consequences of those contraventions.

    (3)   For the purposes of this paragraph—

      (a) the turnover of a person's relevant business for any period shall be calculated in accordance with such rules as may be set out by order made by the Secretary of State; and

      (b) provision may also be made by such an order for determining what is to be treated as the business by reference to which the calculation of that turnover falls to be made.

    (4)   No order is to be made containing provision authorised by sub-paragraph (3) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

    (5)   The Secretary of State may by order amend this paragraph so as to substitute a different percentage for the percentage for the time being specified in sub-paragraph (1).

    (6)   In this paragraph—

       "relevant business" means (subject to the provisions of any order under sub-paragraph (3)) so much of any business carried on by the person in respect of whose contravention the penalty is imposed as consists in the supply of satellite packages to members of the public;

       "relevant period", in relation to a contravention by any person of a must-distribute obligation, means—

      (a) except in a case falling within paragraph (b) or (c), the period of one year ending with the 31st March next before the time when notification of the contravention was given under paragraph 4;

      (b) in the case of a person who at that time, has been carrying on that business for a period of less than a year, the period, ending with that time, during which he has been carrying it on; and

      (c) in the case of a person who at that time has ceased to carry on that business, the period of one year ending with the time when he ceased to carry it on.

    (7)   In this paragraph "the notified packager" has the same meaning as in paragraph 6.

    Suspending or restricting entitlement for contravention of must-distribute obligations    8 (1)   OFCOM may give a direction under this paragraph to a person who is a satellite packager ("the contravening packager") if they are satisifed—

      (a) that he is or has been in serious and repeated contravention of a must-distribute obligation;

      (b) that the imposition of penalties and the giving of enforcement notifications under paragraph 5 have failed to secure compliance by that person with the obligation that he has contravened; and

      (c) that the giving of the direction is both appropriate and proportionate to the contraventions in respect of which it is imposed.

    (2)   A direction under this paragraph is—

      (a) a direction that the entitlement of the contravening packager to act as a satellite packager is suspended (either generally or in particular respects); or

      (b) a direction that that entitlement is restricted in the respects set out in the direction.

    (3)   A direction under this paragraph—

      (a) must specify the activities to which it relates; and

      (b) except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to the person to whom it is given.

    (4)   A direction under this paragraph—

      (a) in providing for the effect of a suspension or restriction to be postponed may provide for it to take effect only at a time determined by or in accordance with the terms of the direction; and

      (b) in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening packager as appear to OFCOM to be appropriate for the purpose of protecting the packager's customers.

    (5)   Those conditions may include a condition requiring the making of payments by way of compensation for loss or damage, or for any annoyance, inconvenience or anxiety, that is suffered by the contravening packager's customers as a result of the direction.

    (6)   Where OFCOM give a direction under this paragraph, they shall, as soon as practicable after doing so, provide that person with an opportunity of—

      (a) making representations about the effect of the direction; and

      (b) proposing steps for remedying the situation.

    (7)   If OFCOM consider it appropriate to do so (whether in consequence of any representations or proposals made to them under sub-paragraph (6) or otherwise), they may revoke a direction under this paragraph—

      (a) with effect from such time as they may direct;

      (b) subject to compliance with such requirements as they may specify; and

      (c) to such extent and in relation to such activities as they may determine.

    (8)   For the purposes of this paragraph there have, in any person's case, been repeated contraventions of must-distribute obligations if—

      (a) more than one notification under paragraph 4 has been given to that person in respect of the same contravention or in respect of different contraventions of the same obligation; and

      (b) the latest of those notifications was given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of paragraph 5 or 6 that the contravention to which the earliest notification related did occur.

    Enforcement of directions under paragraph 8    9 (1)   A person is guilty of an offence if he acts as a satellite packager—

      (a) while his entitlement to do so is suspended by a direction under paragraph 8; or

      (b) in contravention of any restriction contained in such a direction.

    (2)   A person guilty of an offence under sub-paragraph (1) shall be liable—

      (a) on summary conviction, to a fine not exceeding the statutory maximum;

      (b) on conviction on indictment, to a fine.

    (3)   Paragraphs 4 to 7 apply in relation to a contravention of conditions imposed by a direction under paragraph 8 as they apply in relation to a contravention of a must-distribute obligation.

    Civil liability for contravention of must-distribute obligations    10 (1)   The obligation of a person to comply with—

      (a) a must-distribute obligation applying to him,

      (b) a requirement imposed on him by an enforcement notification under paragraph 5, and

      (c) the conditions of a direction under paragraph 8,

       shall be a duty owed to every person who may be affected by a contravention of the condition or requirement.

    (2)   Where a duty is owed by virtue of this paragraph to any person—

      (a) any breach of the duty that causes that person to sustain loss or damage, and

      (b) any act which by inducing a breach of the duty or interfering with its performance causes that person to sustain loss or damage and which is done wholly or partly for achieving that result,

       shall be actionable at the suit or instance of that person.

    (3)   In any proceedings brought against a person by virtue of sub-paragraph (2)(a), it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid contravening the obligation requirement or condition in question.

Part 3

Information Provisions

    Power to require information    11 (1)   OFCOM may require a person appearing to them to be a satellite packager to provide them with all such information as they consider necessary for the purpose of ascertaining whether any person is contravening or has contravened—

      (a) a requirement to give notification under section [notification requirements for satellite packages]; or

      (b) a must-distribute obligation.

    (2)   OFCOM may also require a satellite packager to provide them with information for statistical purposes.

    (3)   OFCOM shall not require the provision of any information under this paragraph except—

      (a) by a demand for the information that describes the required information and sets out OFCOM's reasons for requiring it; and

      (b) where the making of a demand for that information is proportionate to the use to which the information is to be put in the carrying out of OFCOM's functions.

    (4)   The reasons for requiring information for statistical purposes must define the statistical purposes for which the information is required.

    (5)   A person required to provide information under this paragraph must provide it in such manner and within such reasonable period as may be specified by OFCOM.

    Application of Part 2 of Schedule to enforcement of information requirements    12 (1)   Subject to sub-paragraph (2), Part 2 of this Schedule applies for the enforcement of a requirement imposed under paragraph 11 as it applies for the enforcement of a must-distribute obligation.

    (2)   The amount of a penalty imposed under paragraph 6 by virtue of this paragraph must not exceed £50,000.

    (3)   The Secretary of State may by order amend this paragraph so as to substitute a different sum for the sum for the time being specified in sub-paragraph (2).

    (4)   For the purposes of paragraph 8 (as applied by this paragraph) there have, in any person's case, been repeated contraventions of requirements imposed under paragraph 11 if—

      (a) more than one notification under paragraph 4 (as applied) has been given to that person in respect of the same contravention or in respect of contraventions of different requirements; and

      (b) the latest of those notifications was given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of paragraph 5 or 6 (as applied) that the contravention to which the earliest notification related did occur.

    Offences    13 (1)   A person who fails to provide information in accordance with any requirement of OFCOM under paragraph 11 is guilty of an offence and shall be liable—

      (a) on summary conviction, to a fine not exceeding the statutory maximum;

      (b) on conviction on indictment, to a fine.

    (2)   In proceedings against a person for an offence under sub-paragraph (1) it shall be a defence for that person to show—

      (a) that it was not reasonably practicable for him to comply with the requirement within the period specified by OFCOM; but

      (b) that he has taken all reasonable steps to provide the required information after the end of that period.

    (3)   A person is guilty of an offence if—

      (a) in pursuance of any requirement under paragraph 11, he provides any information that is false in any material particular; and

      (b) at the time he provides it, he either knows it to be false or is reckless as to whether or not it is false.

    (4)   A person guilty of an offence under sub-paragraph (3) shall be liable—

      (a) on summary conviction, to a fine not exceeding the statutory maximum;

      (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

    (5)   No proceedings for an offence under sub-paragraph (1) are to be brought unless—

      (a) OFCOM have given the person a notification, in relation to the contravention in question, under paragraph 4 (as applied by paragraph 12);

      (b) the period allowed under paragraph 4 for the provision of the information to which the contravention relates has expired without the information being provided; and

      (c) OFCOM are satisfied that the case is not one in which it would be appropriate to impose a financial penalty under paragraph 6 (as so applied).

    Statement of policy on information gathering    14 (1)   It shall be the duty of OFCOM to prepare and publish a statement of their general policy with respect to—

      (a) the exercise of their powers under paragraph 11; and

      (b) the uses to which they are proposing to put information obtained under that paragraph.

    (2)   OFCOM may from time to time revise that statement as they think fit.

    (3)   Where OFCOM make or revise their statement of policy under this paragraph, they shall publish that statement or, as the case may be, the revised statement in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.

    (4)   It shall be the duty of OFCOM, in exercising the powers conferred on them by this Part of this Schedule to have regard to the statement for the time being in force under this paragraph.

    Obligation of OFCOM to provide information    15 (1)   On application made for the purpose by any person, OFCOM must comply with any request contained in that application—

      (a) to notify the applicant whether or not any notification is required to be submitted by him under section [notification requirements for satellite packagers]; and

      (b) to notify the applicant whether any notification submitted by him for the purposes of that section satisfies the requirements of that section.

    (2)   An application for the purposes of this paragraph must be made in such manner and form as OFCOM may require.

    (3)   OFCOM shall not be required to comply with a request contained in an application under this section if (without having been asked to do so) they have already given that person the notification or information for which he is asking.

    (4)   Any notification or information which under sub-paragraph (1) must be given or provided by OFCOM must be given or provided before the end of the period of one week beginning with the day on which the application for the notification or information was made to OFCOM.

Part 4

Interpretation of Schedule

    16 (1)   In this Schedule "must-distribute obligation", in relation to any person means an obligation imposed by a condition applied to him under section [conditions applying to satellite packagers].

    (2)   For the purposes of this Schedule, where there is a contravention of an obligation that requires a person to do anything within a particular period or before a particular time that contravention shall be taken to continue after the end of that time, until that thing is done.

    (3)   References in this Schedule to remedying the consequences of a contravention include references to paying an amount to any person by way of compensation for loss or damage suffered by that person, or in respect of any annoyance, inconvenience or anxiety to which he has been put.

    (4)   In determining for the purposes of any provision of this Schedule whether a contravention is a repeated contravention for any purposes, a notification of a contravention under any such provision shall be disregarded if it has been withdrawn before the imposition of a penalty in respect of the matters notified.'.


ORDER OF THE HOUSE [3rd DECEMBER 2002]

That the following provisions shall apply to the Communications Bill—

Committal

(1) The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

(2) Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 6th February 2003.

(3) The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

(6) Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill (including any proceedings on consideration of Lords amendments or any further messages from the Lords) may be programmed.


ORDER OF THE COMMITTEE [10th DECEMBER 2002]

That—

    (1)   during proceedings on the Communications Bill (in addition to its first meeting at half-past Ten o'clock on Tuesday 10th December 2002) the Standing Committee do meet—

      (a) on Tuesday 10th December 2002 at half-past Four o'clock;

      (b) on Thursday 12th December 2002 at five minutes to Nine o'clock and at half-past Two o'clock;

      (c) on Tuesday 17th December 2002 at half-past Ten o'clock and at half-past Four o'clock;

      (d) on Thursday 19th December 2002 at five minutes to Nine o'clock;

      (e) on Tuesday 7th January 2003 at half-past Four o'clock; and

      (f) thereafter on Tuesdays and Thursdays at five minutes to Nine o'clock and at half-past Two o'clock;

    (2)   the proceedings to be taken on the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown;

    (3)   the proceedings which under paragraph (2) are to be taken on any sitting shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table;

    (4)   paragraph (2) does not prevent proceedings being taken (in the order shown in the second column of the Table) at any earlier sitting than that provided for under paragraph (2) if previous proceedings have already been concluded.

TABLE

SittingProceedingsTime for conclusion of proceedings
1stClauses 1 and 2, Schedule 1, Clauses 3 to 26, Schedule 2 and Clause 27
2ndClauses 1 and 2, Schedule 1, Clauses 3 to 26, Schedule 2 and Clause 27 (so far as not previously concluded)
3rdClauses 1 and 2, Schedule 1, Clauses 3 to 26, Schedule 2 and Clause 27 (so far as not previously concluded)11.25 a.m.
4thClauses 28 to 59 and Clauses 61 to 68
5thClauses 28 to 59 and Clauses 61 to 68 (so far as not previously concluded)1 p.m.
6thClauses 69 and 70, Clauses 73 to 102, Schedule 3, Clauses 103 to 114, Schedule 4 and Clauses 115 to 146
7thClauses 69 and 70, Clauses 73 to 102, Schedule 3, Clauses 103 to 114, Schedule 4 and Clauses 115 to 146 (so far as not previously concluded)
8thClauses 69 and 70, Clauses 73 to 102, Schedule 3, Clauses 103 to 114, Schedule 4 and Clauses 115 to 146 (so far as not previously concluded)7 p.m.
9thClauses 147 to 152, Clause 154, Schedule 5, Clauses 155 to 157, Clauses 159 to 169, Clauses 173 to 175, Schedule 6, Clauses 176 and 177, Schedule 7, Clauses 178 to 187, Schedule 8 and Clauses 188 to 192
10thClauses 147 to 152, Clause 154, Schedule 5, Clauses 155 to 157, Clauses 159 to 169, Clauses 173 to 175, Schedule 6, Clauses 176 and 177, Schedule 7, Clauses 178 to 187, Schedule 8 and Clauses 188 to 192 (so far as not previously concluded)5 p.m.
11thClauses 193 and 194, Schedule 9, Clauses 195 to 214, Schedule 10, Clauses 215 to 237, Clause 153, Clauses 170 to 172 and Clause 238
12thClauses 193 and 194, Schedule 9, Clauses 195 to 214, Schedule 10, Clauses 215 to 237, Clause 153, Clauses 170 to 172 and Clause 238 (so far as not previously concluded)
13thClauses 193 and 194, Schedule 9, Clauses 195 to 214, Schedule 10, Clauses 215 to 237, Clause 153, Clauses 170 to 172 and Clause 238 (so far as not previously concluded)11.25 a.m.
14thClauses 239 to 263, Clause 60, Clauses 71 and 72, Clauses 264 to 275
15thClauses 239 to 263, Clause 60, Clauses 71 and 72, Clauses 264 to 275 (so far as not previously concluded)
16thClauses 239 to 263, Clause 60, Clauses 71 and 72, Clauses 264 to 275 (so far as not previously concluded)5 p.m.
17thClauses 276 to 284, Schedule 11, Clauses 285 to 326, Schedule 12, Clauses 327 to 333, Schedule 13 and Clause 334
18thClauses 276 to 284, Schedule 11, Clauses 285 to 326, Schedule 12, Clauses 327 to 333, Schedule 13 and Clause 334 (so far as not previously concluded)
19thClauses 276 to 284, Schedule 11, Clauses 285 to 326, Schedule 12, Clauses 327 to 333, Schedule 13 and Clause 334 (so far as not previously concluded)11.25 a.m.
20thClauses 335 to 337, Schedule 14, Clauses 338 to 346, Schedule 15, Clauses 347 to 354
21stClauses 335 to 337, Schedule 14, Clauses 338 to 346, Schedule 15, Clauses 347 to 354 (so far as not previously concluded)
22ndClauses 335 to 337, Schedule 14, Clauses 338 to 346, Schedule 15, Clauses 347 to 354 (so far as not previously concluded)5 p.m.
23rdClauses 355 to 375 and Schedule 16
24thClauses 355 to 375 and Schedule 16 (so far as not previously concluded)5 p.m.
25thClauses 376 to 386, Clause 158, Clauses 387 to 391, Schedules 17 to 19, Clauses 392 to 395, New Clauses, New Schedules and remaining proceedings on the Bill
26thClauses 376 to 386, Clause 158, Clauses 387 to 391, Schedules 17 to 19, Clauses 392 to 395, New Clauses, New Schedules and remaining proceedings on the Bill (so far as not previously concluded)5 p.m.

ORDER OF THE COMMITTEE [12TH DECEMBER]

That the Order of the Committee of 10th December be amended as follows—

      (a) in the Table, in respect of the third sitting, in the third column, the words '11.25 a.m.' be omitted;

      (b) in the Table, in respect of the fourth sitting, the words in the second column be omitted and the following words be inserted—

       'Clauses 1 and 2, Schedule, 1, Clauses 3 to 26, Schedule 2 and Clause 27 (so far as not previously concluded)';

      (c) in the Table, in respect of the fourth sitting, in the third column, the words '5.00 p.m.' be inserted.


 
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