Amendments proposed to the Communications Bill - continued House of Commons

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Mr Andrew Lansley

592

Clause     321,     page     277,     line     13,     at end insert ', having regard to the number of seats being contested by each party in relation to the number of seats being contested in the election;'.

   

Mr Andrew Lansley

593

Clause     321,     page     277,     line     15,     after 'broadcasts', insert ', having regard to levels of proven electoral support;'.

   

Mr Andrew Lansley

594

Clause     321,     page     277,     line     18,     at end insert—

    '(2A)   The rules made by OFCOM for the purposes of this section may make further provision prescribing which channel and service, including a relevant service of the BBC, is to be required to include party political broadcasts or referendum campaign broadcasts as appropriate; and such provision may be made by reference to such thresholds, based on calculation of audience share, as OFCOM may prescribe, having regard to the views expressed—

      (a) by the Electoral Commission;

      (b) by licensed public service channel providers;

      (c) by holders of licences for a television or radio licensable content service in respect of which an obligation to include party political broadcasts or referendum campaign broadcasts is proposed; or

      (d) by the BBC.'.


   

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

286

Clause     322,     page     277,     line     41,     after 'programme', insert '(including any subtitling or other services relating that programme)'.

   

Mr Simon Thomas

192

Clause     322,     page     278,     line     6,     at end insert—

      '(d) It shall be allowable for a service provider to enter into a contractual obligation with a third party in pursuance of compliance with paragraph (a) above.

   

Mr Stephen Timms
Dr Kim Howells

609

Clause     322,     page     278,     line     16,     leave out 'Chapter' and insert 'Part'.

   

Mr Stephen Timms
Dr Kim Howells

610

Clause     322,     page     278,     line     17,     leave out 'Chapter' and insert 'Part'.


   

Mr Stephen Timms
Dr Kim Howells

569

Schedule     12,     page     386,     line     29,     leave out 'sub-paragraph (1)' and insert 'this paragraph'.

   

Mr Stephen Timms
Dr Kim Howells

570

Schedule     12,     page     386,     line     30,     leave out 'the' and insert 'a'.

   

Mr Stephen Timms
Dr Kim Howells

571

Schedule     12,     page     386,     line     33,     leave out 'that sub-paragraph' and insert 'this paragraph'.

   

Mr Stephen Timms
Dr Kim Howells

572

Schedule     12,     page     386,     line     34,     leave out 'the' and insert 'a'.

   

Mr Stephen Timms
Dr Kim Howells

573

Schedule     12,     page     386,     line     37,     leave out 'that sub-paragraph' and insert 'this paragraph'.

   

Mr Stephen Timms
Dr Kim Howells

574

Schedule     12,     page     386,     line     39,     leave out 'the' and insert 'a'.

   

Mr Stephen Timms
Dr Kim Howells

575

Schedule     12,     page     387,     line     3,     at end insert—

    '(3A) The Secretary of State may also by order provide for the BBC to have the duty set out in sub-paragraph (3B), either instead of or as well as the one set out in sub-paragraph (1).

    (3B) That duty is a duty to secure that, in each year, not less than the percentage specified in the order of the programming budget for that year for the television broadcasting services provided by the BBC is applied in the acquisition of independent productions.

    (3C) The power to make an order under sub-paragraph (3A) includes power to provide that the BBC are again to be subject to a duty to which they have previously ceased to be subject by virtue of such an order, in addition to or instead of the duty to which they are subject (apart from the exercise of that power) by virtue of this paragraph.

    (3D) The Secretary of State is not to make an order for the BBC to be or to cease to be subject to the duty mentioned in sub-paragraph (1) or (3B) unless—

            (a)   OFCOM have made a recommendation to him that the BBC should be subject to that duty, or should cease to be subject to it; and

            (b)   the order gives effect to that recommendation.

    (3E) Where television broadcasting services are designated by or under an agreement having effect between the Secretary of State and the BBC for the purposes of section 193—

            (a)   as services that must be treated separately for the purposes of the duty imposed by sub-paragraph (1) or a duty imposed under sub-paragraph (3A), or

            (b)   as services that must be included in a group of services that must be taken together for the purposes of such a duty,

    that duty is to have effect in accordance with sub-paragraph (3F).

    (3F) A duty having effect in accordance with this sub-paragraph is to have effect as if (instead of applying to all the television broadcasting services provided by the BBC, taken together) it applied separately—

            (a)   in relation to each service that is required to be treated separately; and

            (b)   in relation to each group of services that are required to be taken together.

    (3G) The BBC must comply with directions given to them 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 their compliance with the duties imposed by virtue of sub-paragraph (1) or (3A); and

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

    (3H) For the purposes of this paragraph—

            (a)   the amount of the programming budget 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.'.

   

Mr Stephen Timms
Dr Kim Howells

576

Schedule     12,     page     387,     line     8,      at end insert—

    '(6) In this paragraph—

"acquisition", in relation to a programme, includes commissioning and acquiring a right to include it in a service or to have it broadcast; and"programming budget" means the budget for the production and acquisition of qualifying programmes.'.   

Michael Fabricant
Mr Andrew Lansley
Nick Harvey
Mr Richard Allan

235

Schedule     12,     page     387,     line     8,     at end insert—

    '1A(1)   It shall be the duty of the BBC to secure that, in each relevant period, not less than the prescribed percentage of the total amount of time allocated to the broadcasting of qualifying programmes in the radio broadcasting services provided by them is allocated to the broadcasting of a range and diversity of independent productions.

    (2)   In subparagraph (1)—

      (a) the reference to prescribed percentage is a reference to the percentage which the Secretary of State may by order specify;

      (b) the reference to qualifying programmes is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be qualifying programmes for the purposes of that section;

      (c) the reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of that subsection; and

      (d) the reference to a range of independent productions is a reference to a range of programmes in terms of cost of acquisition as well as in terms of the types of programme involved.

    (3)   Before making an order under subparagraph (2) above the Secretary of State shall consult with OFCOM.

    (4)   OFCOM shall, in each relevant period, make a report to the Secretary of State on the extent to which the BBC have performed their duty under subparagraph (1) above in that period.'.

   

Michael Fabricant

631

*Schedule     12,     page     387,     line     8,     at end insert—

    '1A(1)   It shall be the duty of the BBC to secure that, in each relevant period, not less than the prescribed percentage of the total amount of time allocated to the broadcasting of qualifying programmes in the radio broadcasting services provided by them is allocated to the broadcasting of a range and diversity of independent productions.

    (2)   In sub-paragraph (1)—

      (a) the reference to prescribed percentage is a reference to the percentage which OFCOM may by order specify;

      (b) the reference to qualifying programmes is a reference to programmes of such description as OFCOM may by order specify as describing the programmes that are to be qualifying programmes for the purposes of this paragraph;

      (c) the reference to independent productions is a reference to programmes of such description as OFCOM may by order specify as describing the programmes that are to be independent productions for the purposes of this paragraph; and

      (d) the reference to a range of independent productions is a reference to a range of programmes in terms of cost of acquisition as well as in terms of the types of programme involved.

    (3)   The provisions of section 388 shall apply to OFCOM's powers to make orders under this paragraph.

    (4)   OFCOM shall, in each relevant period, make a report to the Secretary of State on the extent to which the BBC have performed their duty under sub-paragraph (1) above in that period.'.

 
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