Vote Bundle Text (930121-02)

Amendments proposed to the Communications Bill - continued	House of Commons

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

453

Clause 265, page 235, line 33, at end add—

'(9) Any agreement made (whether before or after the coming into force of this section) between the BBC and Secretary of State to regulate the provision of the BBC's services shall contain such conditions as the Secretary of State considers appropriate for securing the three objectives set out in this section in respect of every service of television programmes provided by the BBC.'.

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

451

Clause 266, page 237, line 15, leave out subsection (11) and insert—

'(11) An order under section 395 must not appoint a day for provisions of this section to come into force that falls—

(a)	less than six months after the day on which the order is made;

(b)	more than six months before digital switchover.

(12) In this section a reference to digital switchover is a reference to the date fixed by the Secretary of State for the purposes of this section as the date which appears to him to be the date after which none of the licensed public service channels will broadcast to any significant extent in analogue form.'.

Mr Stephen Timms
Dr Kim Howells

529

Clause 269, page 238, line 10, leave out 'subsection (1)' and insert 'this section'.

Mr Stephen Timms
Dr Kim Howells

530

Clause 269, page 238, line 11, leave out 'the' and insert 'a'.

Mr Stephen Timms
Dr Kim Howells

531

Clause 269, page 238, line 14, leave out 'that subsection' and insert 'this section'.

Mr Stephen Timms
Dr Kim Howells

532

Clause 269, page 238, line 15, leave out 'the' and insert 'a'.

Mr Stephen Timms
Dr Kim Howells

533

Clause 269, page 238, line 18, leave out 'that subsection' and insert 'this section'.

Mr Stephen Timms
Dr Kim Howells

534

Clause 269, page 238, line 19, leave out 'the' and insert 'a'.

Mr Stephen Timms
Dr Kim Howells

535

Clause 269, page 238, line 24, at end insert—

'(3A) The Secretary of State may also by order provide for the regulatory regime for every licensed public service channel to include conditions falling within subsection (3B), either instead of or as well as those falling within subsection (1).

(3B) The conditions falling within this subsection are those that OFCOM consider appropriate for securing that, in each year, not less than the percentage specified in the order of the programming budget for that year for that channel is applied in the acquisition of independent productions.

(3C) The power to make an order under subsection (3A) includes power to provide that conditions that have previously ceased under such an order to be included in the regulatory regime for every licensed public service channel are again so included, in addition to or instead of the conditions already so included (apart from the exercise of that power) by virtue of this section.

(3D) The Secretary of State is not to make an order for the regulatory regime of every licensed public service channel to include or exclude conditions falling within subsection (1) or conditions falling within subsection (3B) unless—

(a)	OFCOM have made a recommendation to him for those conditions to be included or excluded; and

(b)	the order gives effect to that recommendation.

(3E) The regulatory regime for every licensed public service channel also includes a condition requiring the provider of the channel to comply with directions given to him by OFCOM for the purpose of—

(a)	carrying forward to one or more subsequent years determined in accordance with the direction any shortfall for any year in his compliance with the requirements of conditions imposed by virtue of subsection (1) or (3A); and

(b)	thereby increasing the percentage applicable for the purposes of those conditions to the subsequent year or years.

(3F) For the purposes of conditions imposed by virtue of this section—

(a)	the amount of the programming budget for a licensed public service channel for a year, and

(b)	the means of determining the amount of that budget that is applied for any purpose,

are to be computed in accordance with such provision as may be set out in an order made by the Secretary of State, or as may be determined by OFCOM in accordance with such an order.

(3G) The powers of the Secretary of State to make orders under this section do not include—

(a)	power to specify different percentages for the purposes of subsection (1), or of a condition falling within subsection (3B), for different regional Channel 3 services or for different national Channel 3 services; or

(b)	power to make different provision for different licensed public service channels as to whether conditions falling within subsection (1) or conditions falling within subsection (3B), or both, are included in the regulatory regimes for those services.'.

Mr Stephen Timms
Dr Kim Howells

536

Clause 269, page 238, line 30, leave out "'programme" does not include an advertisement' and insert—

'"acquisition", in relation to a programme, includes commissioning and the acquisition of a right to include it in a service or to have it broadcast;"programme" does not include an advertisement; and"programming budget" means the budget for the production and acquisition of qualifying programmes.'.

John Robertson
Mr Parmjit Dhanda

394

Clause 270, page 238, line 35, leave out from 'is' to 'proportion' in line 36 and insert 'a substantial and significant'.

Mr Simon Thomas

350

Clause 270, page 238, line 36, leave out 'an appropriate' and insert 'a substantial and significant'.

Mr Stephen Timms
Dr Kim Howells

537

Clause 270, page 239, line 24, at end insert—

'(6A) The power to specify descriptions of programmes by order under subsection (6) includes power to confer such discretions on OFCOM as the Secretary of State thinks fit.'.

Mr Simon Thomas

351

Clause 271, page 239, line 45, after 'matters', insert 'and, in respect of Channel 3, matters pertaining to the regions and nations of the United Kingdom'.

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

252

Page 240, line 35, leave out Clause 272.

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

256

Clause 273, page 242, line 8, at end insert—

'(3A) It shall be the duty of OFCOM to carry out a review of the operation of the provisions of section 272 of this Act and section 32 of the 1990 Act no more than 12 months after the commencement of this section.'.

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

253

Page 242, line 1, leave out Clause 273.

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

254

Page 242, line 12, leave out Clause 274.

Mr Stephen Timms
Dr Kim Howells

538

Clause 276, page 243, line 15, leave out 'that OFCOM consider appropriate' and insert '(if any) that OFCOM consider appropriate in the case of that service'.

John Robertson
Mr Parmjit Dhanda

395

Clause 276, page 243, line 17, leave out from first 'that' to end of line and insert 'a substantial and significant'.

Mr Stephen Timms
Dr Kim Howells

539

Clause 276, page 243, line 17, leave out ', in the case of that service,'.

Mr Simon Thomas

352

Clause 276, page 243, line 17, leave out from 'a' to end of line 19 and insert 'substantial and significant proportion of Channel 3 programmes made in the United Kingdom are programmes made in the regions and nations of the United Kingdom outside the M25 area'.

Mr Stephen Timms
Dr Kim Howells

540

Clause 276, page 243, line 22, leave out ', in the case of that service,'.

Mr Simon Thomas
John Robertson
Mr Parmjit Dhanda

353

Clause 276, page 243, line 22, leave out 'suitable' and insert 'wide'.

Mr Stephen Timms
Dr Kim Howells

541

Clause 276, page 243, line 23, leave out 'and'.

John Robertson
Mr Parmjit Dhanda

396

Clause 276, page 243, line 24, leave out from 'that' to 'proportion' and insert 'a substantial and significant'.