|Amendments proposed to the Communications Bill - continued||House of Commons|
|back to previous text|
Action following review under s. [Changes of control of Channel 5]|
Mr Stephen Timms
NC40To move the following Clause:
'(1) If, on a review under subsection (2) of section [Changes of control of Channel 5], it appears to OFCOM that the relevant change of control is or would be prejudicial to one or more of the matters mentioned in subsections (4) and (5) of that section, they shall vary the licence in accordance with subsection (2).
(2) The variation
(4) A variation under this section must not provide for the inclusion of a new or varied condition in a licence unless the new condition, or the condition as varied, is one which (with any necessary modifications) would have been satisfied by the licence holder throughout the twelve months immediately before the relevant date.
(5) In subsection (4) "the relevant date" is the date of the relevant change of control or, if earlier, the date on which OFCOM exercise their powers under this section.
(6) A variation of a licence under this section shall be effected by the service of a notice of the variation on the licence holder.
(7) OFCOM are not to serve a notice of a variation under this section unless they have given the body on whom it is served a reasonable opportunity, after the publication of the report of the review under section [Changes of control of Channel 5], of making representations to them about the variation.
(8) Where, in a case of a proposed change of control, a notice varying a licence under this section is served before the change to which it relates takes place, the variation is not to take effect until the change takes place.
(9) A condition included in a licence by a variation under this section may be further varied by OFCOM either
Local content of local sound broadcasting services
NC41To move the following Clause:
'(1) It shall be the duty of OFCOM to secure that appropriate local content is included in the programmes broadcast by local sound broadcasting services.
(2) In carrying out its duty in subsection (1), OFCOM shall
(4) The code may, in particular include guidance as to the relevance of different descriptions of local content included in local sound broadcasting services.
(5) From time to time, OFCOM may revise the code or direct that it should be revised.
(6) The code and every revision of the code should be published in such manner as OFCOM considers appropriate.
(7) Before drawing up or revising the code, OFCOM must
(10) A code drawn up as a result of subsection (3) shall not have the effect of varying an existing sound broadcasting licence.'.
Test for setting or modifying conditions or directions
Mr Andrew Lansley
NC42To move the following Clause:
'(1) When exercising any of their Broadcasting Act powers for a competition purpose as defined in section 305, OFCOM must not
(2) That test is that the condition, direction or modification is
Procedure for setting, modifying and revoking conditions or directions
Mr Andrew Lansley
NC43To move the following Clause:
'(1) In relation to Part 3 of this Act
(4) OFCOM may give effect, with or without modifications, to a proposal with respect to which they have published a notification under subsection (2) only if they have considered every representation about the proposal that is made to them within the period specified in the notification.
(5) The publication of a notification under this section must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the notification to the attention of such persons as OFCOM consider appropriate.'.
Setting and publication of guidance and codes
Mr Andrew Lansley
NC44To move the following Clause
'(1) Before setting guidance and codes which includes matters which will have effect to any extent for a competition purpose under a provision of this Part of this Act (other than under sections 291, 294 or 312), of the 1990 Act or of the 1996 Act, OFCOM must publish, in such manner as they think fit, a draft of the proposed guidance or code.
(2) After publishing the draft guidance or code, OFCOM must consult every person who holds a relevant licence.
(3) Subsections (1) and (2) apply to a proposal by OFCOM to revise any guidance or a code as they apply to a proposal to set such guidance or code.
(4) Where OFCOM set guidance or a code, they must publish the guidance or code 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 the guidance or code.
(5) Where OFCOM revise a guidance or code, they shall similarly publish the guidance or code containing the standards as revised.
(6) Where OFCOM publish a guidance or code under subsection (4) or (5), they shall send a copy of it to the Secretary of State.
(7) In this section a person who holds a "relevant licence," in relation to draft guidance or a draft code, means