S.C.E.
Amendment Paper as at
Tuesday 28th 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].
Clause No. 302 (Local content and character of local sound broadcasting services).
Amendment (No. 603) proposed, in page 261, line 19, at the end, to insert the words—
'(7A) Before drawing up or revising the code, OFCOM shall have regard to the extent to which matters they are required to secure under this section are, or may be, secured by effective self-regulation; and, in the light of that, to consider to what extent it would be appropriate not to draw up, modify or withdraw a code under this section.
'(7B) In determining for the purposes of this section whether procedures for self-regulation are effective OFCOM may take account not only of self-regulation independent of those to whom it applies, but also of the extent to which the matters to be secured under this section are being, and are likely to be, secured without the further imposition of a code.'.—(Mr Andrew Lansley.)
Question proposed, That the Amendment be made.
Mr Andrew Lansley
618
Clause 304, page 262, line 28, leave out from 'appropriate' to end of line 29 and insert 'to promote the interests of consumers in markets relevant to the provision of licensed services or of connected services, where appropriate by promoting competition.'.
Mr Andrew Lansley
619
Clause 304, page 262, line 30, leave out subsection (2).
Mr Andrew Lansley
620
Clause 305, page 263, line 10, leave out 'and'.
Mr Andrew Lansley
621
Clause 305, page 263, line 12, at end insert 'and—
| (e) | every power of theirs to issue a code of practice or guidance to holders of such a licence.'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
645
Clause 305, page 263, line 13, leave out subsection (2) and insert—
'(2) OFCOM shall not exercise any of their Broadcasting Act powers in relation to any matter to the extent that such matter is capable of being dealt with under the Competition Act 1998 (c. 41).'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
649
Clause 305, page 263, line 17, leave out subsection (3).
Mr Andrew Lansley
622
Clause 305, page 263, line 20, at end insert—
'(3A) In any case where OFCOM decide to exercise any of their Broadcasting Act powers for a competition purpose, OFCOM shall give written notice to any person affected by that decision, stating that—
| (a) | the exercise of the power in question is to any extent for a competition purpose; and |
| (b) | any person so affected may appeal to the Competition Appeals Tribunal against the decision in accordance with this section.'. |
Mr Andrew Lansley
623
Clause 305, page 263, line 28, leave out from 'excludes' to 'to' in line 32 and insert 'consideration of whether any breach of subsection (2) has occurred or may occur, and accordingly that matter falls'.
Mr Andrew Lansley
624
Clause 305, page 263, line 34 after first 'a', insert 'Broadcasting Act'.
Mr Andrew Lansley
625
Clause 305, page 263, line 35 leave out from 'if' to end of line 41 and insert 'and to the extent that, that power is exercised by OFCOM in furtherance of the duty under section 3(1)(a) of this Act.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
650
Clause 305, page 263, line 41, at end insert—
'(7A) For the purposes of this section, a Broadcasting Act power exercised by OFCOM will be deemed to be exercised for a competition purpose to the extent that such power is exercised pursuant to the fulfilment of OFCOM's duties under one or both of the duties in section 3(1)(a) or 3(1)(c).'.
Mr Andrew Lansley
626
Clause 306, page 264, line 15, leave out 'and'.
Mr Andrew Lansley
627
Clause 306, page 264, line 17, at end insert '; and
| (d) | every condition imposed by them under or for the purposes of a broadcasting provision.'. |
Mr Andrew Lansley
628
Clause 306, page 264, line 18, leave out 'his' and insert 'their'.
Mr Andrew Lansley
629
Clause 306, page 264, leave out lines 24 to 30 and insert 'if, and to the extent that, the provision is made in furtherance of the duty under section 3(1)(a)'.
Mr Andrew Lansley
630
Clause 306, page 264, line 30, at end insert—
'(4A) If, and to the extent that, OFCOM determines that a provision subject to periodic review under this section is or may be expected no longer to be necessary—
| (a) | in order to secure fulfilment of their duties under section 3(1)(a); or |
| (b) | because the market to which the provision relates is effectively competitive and no licence holder is able to exercise significant market power, as defined under section 74 of this Act, |
then OFCOM shall be required to revoke or withdraw that provision, or modify it to the extent consistent with its continuing requirement under subsection (4).'.
Nick Harvey
Mr Richard Allan
522
Clause 307, page 264, line 43, after 'are', insert 'appropriately'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
589
Clause 307, page 264, line 43, at end insert 'from material likely to cause harm or disturbance'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
205
Clause 307, page 265, line 14, leave out 'unsuitable' and insert 'misleading or offensive'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
206
Clause 307, page 265, line 16, leave out 'unsuitable' and insert 'misleading or offensive'.
Mr Andrew Lansley
Brian White
Nick Harvey
604
Clause 307, page 265, line 23, at end insert—
| '(k) | that special regard is given to the unique status of the National Lottery and licensed lotteries.'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
Mr Andrew Lansley
651
Clause 307, page 265, line 25, at end insert—
'(3A) Before drawing up or revising the codes, OFCOM shall have regard to the extent to which matters they are required to secure under this section are, or may be, secured by effective self-regulation; and, in the light of that, to consider to what extent it would be appropriate not to draw up, modify or withdraw a code under this section.
(3B) In determining for the purposes of this section whether procedures for self-regulation are effective, OFCOM may take account not only of self-regulation independent of those to whom it applies, but also of the extent to which the matters to be secured under this section are being, and are likely to be, secured without the further imposition of a code.'.
Mr Andrew Lansley
Brian White
Nick Harvey
605
Clause 307, page 266, line 10, at end insert—
'(6A) Standards set to secure the standards objective specified in subsection 2(k) shall, in particular, contain provisions designed to ensure that nothing shall directly or indirectly prevent, limit or restrict programme service providers from including in programmes material which—
| (a) | informs viewers and listeners of the benefits to the public from the National Lottery; |
| (b) | informs viewers and listeners about the National Lottery and the features of licensed lotteries; |
| (c) | educates viewers and listeners on how to participate in licensed lotteries; |
| (d) | promotes the National Lottery and licensed lotteries. |
(6B) In this section and section 312 "National Lottery" shall be as defined in section 1 of the National Lottery etc. Act 1993 and "licensed lotteries" means those lotteries licensed by the National Lottery Commission pursuant to section 6 of that Act.'.
Nick Harvey
Mr Richard Allan
509
Clause 308, page 266, line 22, leave out first 'national'.
Nick Harvey
Mr Richard Allan
510
Clause 308, page 266, line 22, leave out 'and national'.
Nick Harvey
Mr Richard Allan
514
Clause 308, page 266, line 22, leave out 'and' and insert 'or'.
Nick Harvey
Mr Richard Allan
511
Clause 308, page 266, line 23, after 'service', insert 'and radio licensable content service'.
