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Mr Stephen Timms
Dr Kim Howells
586
Schedule 12, page 393, line 47, at end insert—
| 9A | (1) | It shall be the duty of the Welsh Authority to draw up and from time to time revise a code of practice setting out the principles that are to be applied when they or an S4C company are for a relevant purpose agreeing terms for the commissioning of independent productions. |
| (2) | A relevant purpose is a purpose connected with the provision by the Welsh Authority or an S4C company of a programme service. |
| (3) | It shall also be the duty of the Welsh Authority— |
(a) at all times to comply with the code of practice which is for the time being in force under this paragraph;
(b) to take all reasonable steps for securing that the code is complied with by S4C companies;
(c) to exercise their power to revise that code to take account of revisions from time to time of the guidance issued by OFCOM for the purposes of this paragraph; and
(d) to comply with such directions as may be given to the Authority by OFCOM for securing that they properly perform their duties under paragraphs (a) and (b).
| (4) | The code for the time being in force under this paragraph must be such as to secure, in the manner described in guidance issued by OFCOM— |
(a) that a reasonable timetable is applied to negotiations for the commissioning of an independent production and for the conclusion of a binding agreement;
(b) that there is sufficient clarity when an independent production is commissioned about the different categories of rights to broadcast or otherwise to make use of or exploit the commissioned production that are being disposed of;
(c) that there is sufficient transparency about the amounts to be paid in respect of each category of rights;
(d) that satisfactory arrangements are made about the duration and exclusivity of those rights;
(e) that procedures exist for reviewing the arrangements adopted in accordance with the code and for demonstrating compliance with it;
(f) that those procedures include requirements for the monitoring of the application of the code and for the making of reports to OFCOM;
(g) that provision is made for resolving disputes arising in respect of the provisions of the code (by independent arbitration or otherwise) in a manner that appears to OFCOM to be appropriate.
| (5) | The Welsh Authority must also ensure that the drawing up or revision of a code by virtue of this paragraph is in accordance with guidance issued by OFCOM as to— |
(a) the times when the code is to be drawn up or reviewed with a view to revision;
(b) the consultation to be undertaken before a code is drawn up or revised;
(c) the publication of every code or revised code.
| (6) | The Welsh Authority must submit to OFCOM for approval a draft of— |
(a) every code that is required to be drawn up under this paragraph; and
(b) every revision made by that Authority of such a code.
| (7) | A code drawn up by the Welsh Authority or a revision of such a code — |
(a) is to have effect for the purposes of this paragraph only if approved by OFCOM; and
(b) if approved by OFCOM subject to modifications, is to have effect with those modifications.
(a) must issue and may from time to time revise guidance for the purposes of this paragraph;
(b) must ensure that there is always guidance for those purposes in force;
(c) must, before issuing their guidance or revised guidance, consult the providers of licensed public service channels, persons who make independent productions (or persons appearing to OFCOM to represent them), the BBC and the Welsh Authority; and
(d) must publish their guidance or revised guidance in such manner as they think appropriate.
| (9) | Guidance issued by OFCOM for the purposes of this paragraph must be general guidance and is not to specify particular terms to be included in agreements to which the guidance relates. |
| (10) | OFCOM may by a direction to the Welsh Authority specify that a code which— |
(a) was drawn up by the Authority before the commencement of this paragraph, and
(b) is identified in the direction,
is to be treated as drawn up in pursuance of this paragraph and approved by OFCOM.
| (11) | In this paragraph "independent production" has the same meaning as in paragraph 7.'. |
Mr Stephen Timms
Dr Kim Howells
612
Schedule 12, page 396, line 43, at end insert—
| 18A | (1) | It shall be the duty of the Welsh Authority— |
(a) in respect of every programme included in any of their public television services, to retain a recording of the programme in the form, and for the period, specified by OFCOM;
(b) to comply with any request to produce such recordings to OFCOM for examination or reproduction; and
(c) to comply, to the extent that they are able to do so, with any request to produce to OFCOM a script or transcript of a programme included in any of their public television services.
| (2) | The period specified for the purposes of sub-paragraph (1)(a) must be a period not exceeding ninety days.'. |
Mr Stephen Timms
Dr Kim Howells
608
Schedule 12, page 398, line 9, at end insert—
'( ) No order is to be made containing provision authorised by sub-paragraph (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.
Mr Stephen Timms
Dr Kim Howells
549
Clause 329, page 282, line 17, at end insert—
| '(bb) | the requirements imposed by paragraph 9A of that Schedule (code relating to programme commissioning) or by a direction under sub-paragraph (3)(d) of that paragraph;'. |
Mr Stephen Timms
Dr Kim Howells
611
Clause 329, page 282, line 28, at end insert—
| '( ) | the requirement imposed by paragraph 18A of that Schedule (monitoring of programmes);'. |
Mr Simon Thomas
193
Clause 329, page 282, line 41, leave out '£250,000' and insert '£10,000'.
Mr Simon Thomas
358
Clause 335, page 285, line 8, leave out subsection (1).
Nick Harvey
Mr Richard Allan
404
Clause 335, page 285, line 10, leave out paragraph (a).
Nick Harvey
405
Clause 335, page 285, line 11, after 'States)', insert—
| '(aa) | paragraph 2 (disqualification of religious bodies);'. |
Mr Andrew Lansley
Nick Harvey
21
Clause 335, page 285, line 12, leave out paragraph (b).
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
229
Clause 335, page 285, leave out line 12 and insert—
| '(b) | paragraphs 2 and 6 (disqualification of religious bodies and advertising agencies).'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
Nick Harvey
230
Clause 335, page 285, line 13, leave out subsections (2) and (3).
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
231
Clause 335, page 286, line 30, leave out subsections (5), (6) and (7).
Brian White
601
Clause 336, page 287, line 8, at end insert—
| '(c) | in sub-paragraph 1(1)(h) after "interest" there shall be inserted "and where that participant is a body falling within paragraph (c) the body corporate is a regulated company for the purposes of the Local Government and Housing Act 1989".'. |
Brian White
602
Clause 336, page 287, line 8, at end insert—
| '(c) | in sub-paragraph 1(1)(h) before "a body corporate" there shall be inserted "subject to sub-paragraph (4)"; |
| (d) | after sub-paragraph 3 there shall be inserted— |
| "4A | Sub-paragraph (1)(h) does not apply to a person in relation to a licence if— |
| (i) | OFCOM have made a determination under this paragraph in the case of that person; |
| (ii) | that determination is one made as respects licences of a description applicable to that licence; and |
| (iii) | the determination remains in force. |
| (4B) | OFCOM are to make a determination under this paragraph in a person's case and as respects a particular description of licence only if they are satisfied that it is appropriate notwithstanding sub-paragraph (1)(h) for that person to hold a licence of that description. |
| (4C) | OFCOM are not to make a determination under this paragraph except on an application made to them for the purpose. |
| (4D) | A determination under this paragraph may be made as respects only one or more of the following descriptions of licence— |
| (a) | a licence to provide a restricted service within the meaning of Part 1 of this Act; |
| (b) | a digital programme licence (within the meaning given by section 18 of the 1996 Act for the purposes of Part 1 of that Act); |
| (c) | a digital additional services licence (within the meaning given by section 25 of the 1996 Act for the purposes of Part 1 of that Act); |
| (d) | a licence to provide a television licensable content service (within the meaning of Part 3 of the Communications Act 2003); |
| (e) | a licence under Part 3 of this Act which is not a national licence; |
| (f) | a national digital sound programme licence (within the meaning given by section 60 of the 1996 Act for the purposes of Part 2 of that Act); |
| (g) | a local digital sound programme licence (within the meaning given by that section for those purposes); |
| (h) | a digital additional services licence (within the meaning given by section 64 of the 1996 Act for the purposes of Part 2 of that Act). |
| (4E) | OFCOM must publish guidance for persons making applications to them under this paragraph as to the principles that they will apply when determining for the purposes of sub-paragraph (b) what is appropriate. |
| (4F) | OFCOM must have regard to guidance for the time being in force under sub-paragraph (e) when making determinations under this paragraph. |
| (4G) | OFCOM may revise any guidance under sub-paragraph (e) by publishing their revisions of it. |
| (4H) | The publication of guidance under sub-paragraph (e), or of any revisions of it, is to be in whatever manner OFCOM consider appropriate.".'. |
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