Vote Bundle Text (930221-07)

Amendments proposed to the Communications Bill, As Amended - continued	House of Commons

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Secretary Tessa Jowell
Ms Secretary Hewitt

Page 108, line 39 [Clause 116], at end insert—

'( ) In this section—

"approved code" means a code for the time being approved under section 117; and"enforcement authority", in relation to such a code, means the person who under the code has the function of enforcing it.'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 108, line 44 [Clause 117], after 'service', insert—

'( )	that the code contains provision for regulating, to such extent (if any) as they think fit, the arrangements made by the providers of premium rate services for promoting and marketing those services;'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 109, line 19 [Clause 117], at end insert 'and provision for the enforcement of the code.

(3A) The provision for the enforcement of a code that may be approved under this section includes—

(a)	provision for the payment, to a person specified in the code, of a penalty not exceeding the maximum penalty for the time being specified in section 119(2);

(b)	provision requiring a provider of a premium rate service to secure that the provision of the service is suspended or otherwise ceases or is restricted in any respect;

(c)

provision for the imposition on a person, in respect of a contravention of the code, of a temporary or permanent prohibition or restriction on his working in connection with the provision of premium rate services or, in the case of a body corporate, on its providing such services or on its carrying on other activities in connection with their provision.'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 109, line 37 [Clause 118], at end insert—

'(aa)

provision imposing requirements with respect to the arrangements made by the providers of premium rate services for the promotion and marketing of those services;'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 109, line 38 [Clause 118], leave out 'those requirements' and insert 'requirements imposed by virtue of paragraph (a) or (aa)'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 110, line 7 [Clause 118], at end insert—

'( )	power to make provision falling within section 117(3A)(c) for the enforcement of the provisions of the order;'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 111, line 2 [Clause 120], leave out 'provider of an electronic communications service' and insert 'communications provider'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 111, line 14 [Clause 120], at end insert—

'( ) OFCOM may also give a direction under this section to a person who is a communications provider ("the contravening provider") if they are satisfied—

(a)	that he is, or has been, in contravention of conditions set under section 116 in respect of a premium rate service;

(b)	that the circumstances of the contravention make it appropriate for OFCOM to suspend or restrict the provision of premium rate services provided by the contravening provider without the conditions set out in subsection (1) being satisfied; and

(c)	that in those circumstances the giving of the direction is urgently required for reasons of public policy.'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 111, line 16 [Clause 120], leave out from 'direction' to end of line 20 and insert 'to the contravening provider to secure the suspension of the provision of premium rate services provided by him; or

(b)	a direction requiring him to secure compliance with restrictions, set out in the direction, on the provision of such services.'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 118, line 41 [Clause 129], leave out '94' and insert '95'.

Mr John Whittingdale

Mr John Greenway

Mr Mark Hoban

103

*Page 119, line 14 [Clause 130], leave out 'for a year or more'.

Mr John Whittingdale

Mr John Greenway

Mr Mark Hoban

104

*Page 119, line 18 [Clause 130], leave out 'for a year or more'.

Mr John Whittingdale

Mr John Greenway

Mr Mark Hoban

105

*Page 119, line 27 [Clause 130], leave out subsection (4) and insert—

'(4) A provision falling within subsection (2)(a) or (b)—

(a)	if it requires (expressly or otherwise) the consent of any person to be obtained before anything to which the provision relates is done, shall have effect as if it required that consent not to be unreasonably withheld;

(b)	in any other case, shall have the effect as if it required the consent of the lessor, licensor or other party to the agreement to the doing of anything to which the provision relates not to be unreasonably withheld'.

Mr John Whittingdale

Mr John Greenway

Mr Mark Hoban

106

*Page 119, line 30 [Clause 130], leave out from 'with' to end of line 31 and insert 'an electronic communications matter'.

Mr John Whittingdale

Mr John Greenway

Mr Mark Hoban

107

*Page 119, line 38 [Clause 130], leave out paragraphs (a) and (b) and insert 'with respect to any matter by virtue of which it falls within subsection (1) of (2)'.

Mr John Whittingdale
Mr John Greenway
Mr Mark Hoban

108

*Page 119, line 44, [Clause 130] at end insert 'of his choice (so that he is not confined to selecting a person with an interest in any premises or to a person selected by such a person).

(5A) The question whether consent has been unreasonably withheld in any case falling to be determined in accordance with subsection (5) shall be determined by OFCOM.

(5B) Where OFCOM has made such a determination, proceedings for breach of any provision of a lease or other agreement falling within subsection (2), which consists of or includes failure to obtain consent before doing anything to which that provision relates, shall not be instituted or continued in any court.'.

Mr John Whittingdale
Mr John Greenway
Mr Mark Hoban

109

*Page 119, line 45, [Clause 130], leave out subsection (6).

Mr John Whittingdale
Mr John Greenway
Mr Mark Hoban

110

*Page 120, line 23, [Clause 130], leave out subsection (9).

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 121, line 33 [Clause 132], leave out from beginning to end of line 47 and insert 'the purpose specified in subsection (2).

(2) That purpose is the carrying out—

(a)	with a view to publication, and

(b)	in the interest of the end-users of public electronic communications services,

of comparative overviews of the quality and prices of such services.'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 122, line 4 [Clause 132], leave out from 'them' to end of line 5 and insert ', for use for such statistical purposes as they think fit, with information relating to any electronic communications network, electronic communications service or associated facilities.'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 128, line 32 [Clause 139], leave out '94' and insert '95'.

Secretary Tessa Jowell
Ms Secretary Hewitt

Page 132, line 31 [Clause 146], after '116(9)', insert 'to (10)'.

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

*Page 135, line 28 [Clause 147], leave out from 'licence' to 'or' in line 29.

Nick Harvey
Mr Richard Allan

Page 136, line 23 [Clause 149], at end insert—

'(d)	the need to ensure sufficient spectrum is available for the transmission of audio-description, a text-based teletext service and other services designed to meet the needs of disabled people.'.

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

*Page 137, line 30 [Clause 151], leave out '3A' and insert '3'.

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

*Page 137, line 31 [Clause 151], leave out 'and grants of recognised spectrum access'.

Nick Harvey
Mr Richard Allan

Page 137, line 35 [Clause 151], at end insert—

'(6) In exercising his powers under this section, the Secretary of State must have regard to the need to ensure sufficient spectrum is made available for the transmission of audio-description, a text-based teletext service and other services designed to meet the needs of disabled people.'.