NOTICES OF AMENDMENTS
given up to and including
Friday 21st February 2003
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
COMMUNICATIONS BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Communications Bill (Programme) (No. 2) Order of the House (10th February).
NEW CLAUSES RELATING TO PARTS 3 AND 4
Composition of services in radio multiplexes
Secretary Tessa Jowell
Ms Secretary Hewitt
NC3
To move the following Clause:—
'(1) Section 54 of the 1996 Act (conditions attached to radio multiplex licences) shall be amended as follows.
(2) For paragraph (h) of subsection (1) (conditions as to composition of service) there shall be substituted—
| "(h) | that, while the licence is in force, at least the required percentage of the digital capacity on the frequency or frequencies on which the service is broadcast is used, or left available to be used, for the broadcasting of services falling within subsection (1A)." |
(3) After that subsection there shall be inserted—
"(1A) The services falling within this subsection are—
| (a) | digital sound programme services; |
| (b) | simulcast radio services; |
| (c) | programme-related services; and |
| (d) | relevant technical services." |
(4) In subsection (2) (meaning of services referred to in paragraph (h) of subsection (1))—
| (a) | for "paragraph (1)(h)" there shall be substituted "subsection (1A)"; and |
| (b) | in sub-paragraph (i), for the words from "(within" to "1990 Act" there shall be substituted "(within the meaning of section 240 of the Communications Act 2003)". |
(5) After that subsection there shall be inserted—
"(2A) In subsection (1)(h), the reference to the required percentage is a reference to such percentage equal to or more than 80 per cent. as OFCOM—
| (a) | consider appropriate; and |
| (b) | specify in the condition." |
(6) In subsection (3) (power to vary percentage in subsection (1)(h))—
| (a) | for "subsection (1)" there shall be substituted "subsection (2A)"; and |
| (b) | for "paragraph (h) of that subsection" there shall be substituted "that subsection".'. |
Investigation of the BBC by the National Audit Office
Mr Edward Leigh
NC4
To move the following Clause:—
'( ) In Part 2 of Schedule 4 to the National Audit Office Act 1983 (c. 44), the words "the British Broadcasting Corporation" shall be omitted.'.
BBC research on television licensing
Mr John Whittingdale
Mr John Greenway
Mr Mark Hoban
NC6
*To move the following Clause:—
'It shall be the duty of the BBC annually to commission and publish independent research into the efficacy, cost effectiveness and public acceptability of television licensing in the United Kingdom subject to such conditions and restrictions as the Secretary of State may by direction require.'.
OFCOM research on television licensing
Mr John Whittingdale
Mr John Greenway
Mr Mark Hoban
NC7
*To move the following Clause:—
'It shall be the duty of OFCOM annually to commission and publish independent research into the efficacy, cost effectiveness and public acceptability of television licensing in the United Kingdom subject to such conditions and restrictions as the Secretary of State may by direction require.'.
Preserved rights in respect of certain concessionary television licence fees
Mrs Angela Browning
NC8
*To move the following Clause:—
'(1) Part 1 of Schedule 2 to the Wireless Telegraphy (Television Licence Fees) Regulations 1997 (S.I. 1997/290) shall be amended as follows.
(2) After entry 5 in column 1 (type of licence), there shall be inserted—
| | "Television licence (including colour) (Accommodation for Residential Care (preserved rights))." |
(3) After entry 5 in column 2 (description of licence), there shall be inserted—
| | "A licence to install and use television receivers at such parts of accommodation which, in whole or in part, previously met the requirements specified in entry 5 in this column, where the resident of a unit of accommodation was resident in that accommodation at the time that the accommodation or part of that accommodation met the requirements specified in entry 5 in column 2 and was paying the issue fee specified in entry 5 in column 3." |
(4) After entry 5 in column 3 (issue fee), there shall be inserted—
| | "£5 for each unit of accommodation occupied by a resident, as defined in Part II of this Schedule, meeting the requirements specified in column 2.".'. |
Public services fund
Mr John Whittingdale
Mr John Greenway
Mr Mark Hoban
NC9
*To move the following Clause:—
'(1) The Secretary of State shall by order make provision for the establishment of a fund to be known as the Public Services Broadcasting Fund.
(2) There shall be at least 3 trustees of the Fund and the order shall make provision for the terms of their appointment, including their remuneration.
(3) The primary function of the Trustees shall be the making of financial contributions to groups or organisations which make or propose to make programmes of local, regional or sectional interest for inclusion in a programme service.
(4) The Trustees shall have such other powers as may be conferred on them by the order.
(5) The BBC shall pay to the Trustees for the Fund in January of each calendar year in accordance with the provisions of the order made under subsection (1) an amount equal to 1 per cent. of the licence fee received by the BBC in the preceding calendar year.
(6) The Secretary of State may by order vary the percentage for the time being specified in subsection (4).
(7) An order under this section shall not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.
Power to confer further functions on OFCOM relating to the BBC
Mr John Whittingdale
Mr John Greenway
Mr Mark Hoban
NC10
*To move the following Clause:—
'(1) The Secretary of State may by order amend this Act to such extent as he considers appropriate to give effect to the provisions of—
| (a) | any Royal Charter granted to the BBC after the commencement date; |
| (b) | any licence granted by the Secretary of State to the BBC after that date; |
| (c) | any agreement made by the Secretary of State and the BBC after that date. |
(2) In subsection (1) "the commencement date" means the date of commencement of section 193.
(3) An order under this section shall not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.
Meaning of control
Mr John Whittingdale
Mr John Greenway
Mr Mark Hoban
NC13
*To move the following Clause:—
'(1) Paragraph (1) of Part I of Schedule 2 to the 1990 Act shall have effect subject to the following amendments.
(2) For sub-paragraph (3) there shall be substituted—
"(3) For the purposes of this Schedule a person has control of a body corporate if that person is able, or it is reasonable to expect that person to be able, directly or indirectly to ensure that the affairs of a body are conducted in accordance with that person's wishes.
(3A) In determining whether a person controls a body corporate all relevant circumstances shall be taken into account including the level of participation in the body corporate of that person and the level of participation of other participants in the body, and if it is the case that the person does not ensure that the affairs of the body corporate are conducted in accordance with that person's wishes consistently or on a continuing basis, that fact shall be disregarded.
(3B) Without prejudice to the generality of sub-paragraph (3)—
| (a) | a person has control of a body corporate if that person is beneficially entitled to more than 50 per cent. of the equity share capital in the body or possesses more than 50 per cent of the voting power in it, and |
| (b) | a person has control of a body corporate if that person is beneficially entitled to 50 per cent. of the equity share capital in the body or possesses 50 per cent. of the voting power in it, and is party to an arrangement with another participant in the body corporate under which they agree to exercise their voting power or any of it in a particular way either generally or in relation to any particular issue or not to exercise their voting power or any of it in relation to any particular issue." |
(3) Sub-paragraph (5) shall cease to have effect.
(4) After paragraph 3 there shall be inserted—
3A.—(1) In this paragraph "guidance on control" means guidance on the matters which OFCOM consider should be taken into account in determining whether any person controls a body corporate within the meaning of paragraph 1(3) to (3A) above.
(2) In determining the question whether a person has control of a body corporate account shall be taken of any published guidance on control.
(3) OFCOM shall prepare guidance on control and shall publish a draft of the guidance in such manner as they consider appropriate for bringing it to the attention of persons who in OFCOM's opinion are likely to be affected by such guidance.
(4) OFCOM shall also publish, together with the draft, a notice that any person may make representations to OFCOM on the draft within such period as may be specified in the notice, not being less than one month from the date of publication.
(5) OFCOM shall take account of the representations made within the specified time in preparing the guidance on control and shall publish the guidance, not later than 3 months from the last day on which representations may be made under sub-paragraph (4), in such manner as they consider appropriate for bringing it to the attention of persons who in OFCOM's opinion are likely to be affected by such guidance.
(6) OFCOM shall keep the guidance on control under review and may publish revised guidance from time to time; and sub-paragraphs (3) to (5) above shall apply to any such revised guidance as they apply to the original guidance with any necessary modifications.
(5) In Part 2 of Schedule 2 to the 1990 Act after 5A there shall be inserted—
"5B. For the purposes of this Part two or more persons or bodies shall not be taken to control a body corporate otherwise than by virtue of paragraph 1(3A) or (3B) of Part I of this Schedule unless they are acting together in concert.".'.
