(  14  )
	(4)           OFCOM—
	(a)                 are not required to publish a notice under this section, and
	(b)                 may specify a period of less than 28 days in such a notice as
	the period for representations,
	if they consider that the publication of the notice, or allowing a
	longer period for representations, would result in a delay that
	would be likely prejudicially to affect the interests of the licence
	holder.
	(5)           OFCOM are not required under this section—
	(a)                 to publish any matter that is confidential in accordance with
	subsection (6) or (7); or
	(b)                 to publish anything that it would not be reasonably
	practicable to publish without disclosing such a matter.
	(6)           A matter is confidential under this subsection if—
	(a)                 it relates specifically to the affairs of a particular body; and
	(b)                 its publication would or might, in OFCOM’s opinion,
	seriously and prejudicially affect the interests of that body.
	(7)           A matter is confidential under this subsection if—
	(a)                 it relates specifically to the private affairs of an individual;
	and
	(b)                 its publication would or might, in OFCOM’s opinion,
	seriously and prejudicially affect the interests of that
	individual.””
Clause 307
100	Page 271, line 6, after “services” insert “but, in the case of each such service, only
	if and to the extent (if any) that OFCOM consider appropriate in that case”
101	Page 271, line 7, leave out from “that” to end of line 8 and insert “, where such
	programmes are included in such a service, what appears to OFCOM to be a
	suitable proportion of them consists of locally-made programmes.”
102	Page 271, line 10, leave out “a code giving”
103	Page 271, line 12, leave out “code” and insert “guidance”
104	Page 271, line 14, leave out subsections (3) and (4)
105	Page 271, line 31, leave out “code may make different provision” and insert
	“guidance may be different”
106	Page 271, line 32, leave out “code” and insert “guidance”
107	Page 271, line 33, leave out “code” and insert “guidance”
108	Page 271, line 39, leave out “code and every revision of the code” and insert
	“guidance and every revision of it”
109	Page 271, line 42, leave out from beginning to end of line 2 on page 272
110	Page 272, line 4, leave out “(including news)”
111	Page 272, line 10, at end insert “or a part of it”
112	Page 272, line 13, at end insert—
	(  15  )
	““material” includes news, information and other spoken material
	and music; and
	“programme” does not include an advertisement.”
113	Page 272, line 14 , leave out second “in” and insert “within”
Clause 310
114	Page 273, line 42, at end insert—
	“(3A)       If OFCOM have decided to exercise any of their Broadcasting Act powers
	for a competition purpose, they must, on or before doing so, give a
	notification of their decision.
	(3B)       A notification under subsection (3A) must—
	(a)           be given to such persons, or published in such manner, as appears
	to OFCOM to be appropriate for bringing it to the attention of the
	persons who, in OFCOM’s opinion, are likely to be affected by their
	decision; and
	(b)           must describe the rights conferred by subsection (4) on the persons
	affected by that decision.”
Clause 312
115	Page 275, line 37, leave out “unsuitable advertising” insert “advertising which may
	be misleading, harmful or offensive”
Clause 314
116	Page 277, line 45, leave out “312(2)(g)” and insert “312(2)(a), (g)”
117	Page 278, line 44, leave out from beginning to “the” in line 46 and insert—
	“(7)       Provision included by virtue of this section in standards set under section
	312 is not to apply to, or to be construed as prohibiting”
118	Page 279, line 1, leave out from “political” to “paragraph” in line 5 and insert “or
	referendum campaign broadcast the inclusion of which is required by a condition
	imposed under section 326 or by”
Clause 330
119	Page 290, line 11,     leave out “fair treatment of” and insert “equalisation of
	opportunities for”
120	Page 290, line 27, at end insert—
	“( )       The conditions imposed by virtue of this section may include provision for
	treating obligations to make the arrangements mentioned in subsections (1)
	to (3), or to do anything mentioned in subsection (4), as discharged where
	a member of a group of companies to which the licence holder belongs—
	(a)           has made the required arrangements in relation to employment
	with the licence holder; or
	(b)           has done anything required by subsection (4) in relation to those
	arrangements.”
121	Page 290, line 31, leave out from beginning to “employs” in line 34 and insert—
	(  16  )
	“(b)              the requirements of both subsections (6) and (6A) are satisfied in the
	case of that service.
	(6)       The requirements of this subsection are satisfied in the case of a service
	provided by a person if—
	(a)                         that person”
122	Page 290, line 35, leave out “persons” and insert “individuals”
123	Page 290, line 36, leave out from “of” to “on” in line 38 and insert “licensed services;
	or
	(b)              the threshold number is exceeded by the aggregate number of
	individuals who are, or are likely to be, employed in that
	connection by members of a group of companies comprising that
	person and one or more other bodies corporate.
	(6A)       The requirements of this subsection are satisfied in the case of a service if
	the licence authorising the provision of that service authorises either that
	service or another service authorised by that licence to be provided”
124	Page 290, line 43, at end insert—
	““licensed service”, in relation to an employee or likely employee of a
	person, means a service the provision of which—
	(a)                 by that person, or
	(b)                 by a body corporate which is a member of the same group
	of companies as that person,
	is authorised by a Broadcasting Act licence;”
125	Page 291, line 1, leave out “persons” and insert “individuals”
126	Page 291, line 2, at end insert—
	“(7A)       For the purposes of this section a person is a member of a group of
	companies to which a person licensed to provide a service belongs if, and
	only if, both of them are bodies corporate and either—
	(a)           one of them is controlled by the other; or
	(b)           both of them are controlled by the same person.
	(7B)       In subsection (7A) “controlled” has the same meaning as in Part 1 of
	Schedule 2 to the 1990 Act.”
After Clause 339
127	Insert the following new Clause—
	“Statement of charging principles
	(1)    OFCOM are not to fix a tariff under section 4(3) or 87(3) of the 1990 Act or
	under section 4(3) or 43(3) of the 1996 Act (tariffs for fees payable under
	Broadcasting      Act licences for recovering OFCOM’s costs) unless—
	(a)           at the time they do so, there is in force a statement of the principles
	that OFCOM are proposing to apply in fixing that tariff; and
	(b)           the tariff is fixed in accordance with those principles.
	(  17  )
	(2)    Those principles must be such as appear to OFCOM to be likely to secure,
	on the basis of such estimates of the likely costs that it is practicable for
	them to make—
	(a)           that the aggregate amount of the Broadcasting Act licence fees that
	are required to be paid to OFCOM during a financial year is
	sufficient to enable them to meet, but does not exceed, the cost to
	them of the carrying out during that year of their functions relating
	to the regulation of broadcasting;
	(b)           that the requirement imposed by virtue of paragraph (a) is satisfied
	by the application to such fees of tariffs that are justifiable and
	proportionate to the matters in respect of which they are imposed;
	and
	(c)           that the relationship between meeting the cost of carrying out those
	functions and the tariffs applied to such fees is transparent.
	(3)    Before making or revising a statement of principles OFCOM must consult
	such of the persons who, in OFCOM’s opinion, are likely to be affected by
	those principles as they think fit.
	(4)    The making or revision of a statement of principles for the purposes of this
	section has to be by the publication of the statement, or revised statement,
	in such manner as OFCOM consider appropriate for bringing it to the
	attention of the persons who, in their opinion, are likely to be affected by it.
	(5)    As soon as reasonably practicable after the end of each financial year,
	OFCOM must publish a statement setting out, for that year—
	(a)           the aggregate amount received by them during that year in respect
	of Broadcasting Act licence fees required to be paid during that
	year;
	(b)           the aggregate amount outstanding and likely to be paid or
	recovered in respect of Broadcasting Act licence fees that are
	required to be so paid; and
	(c)           the cost to OFCOM of the carrying out during that year of their
	functions relating to the regulation of broadcasting.
	(6)    Any deficit or surplus shown (after applying this subsection for all
	previous years) by a statement under subsection (5) shall be—
	(a)           carried forward; and
	(b)           taken into account in determining what is required to satisfy the
	requirement imposed by virtue of subsection (2)(a) in relation to the
	following year.
	(  18  )
	(7)    References in this section to OFCOM’s functions relating to the regulation
	of broadcasting do not include references to any of their functions in
	relation to the BBC or the Welsh Authority.
	(8)    In this section—
	“Broadcasting Act licence fee” means a fee required to be paid to
	OFCOM in pursuance of conditions included in a Broadcasting Act
	licence under any of the following provisions—
	(a)                 section 4(1)(b) or 87(1)(c) of the 1990 Act; or
	(b)                 section 4(1)(b) or 43(1)(c) of the 1996 Act;
	“financial year” means a period of twelve months ending with 31st
	March.”
Clause 340
128	Page 295, leave out line 6
129	Page 295, line 8, leave out from “States);” to end of line 9 and insert “shall cease to
	have effect”
130	Page 295, line 10, leave out subsections (2) and (3) and insert—
	“( )       Paragraph 2 of that Part (disqualification for religious bodies) shall cease to
	have effect.”
Clause 343
131	Leave out Clause 343
Clause 344
132	Page 301, line 13, leave out from beginning to “in” in line 14 and insert—
	“(ii)                    is involved, to a substantial extent, in the provision of the
	programmes included”
133	Page 301, line 15, leave out “to be likely to be” and insert “is likely to become”
Clause 346
134	Page 303, line 34, leave out from beginning to “in” in line 35 and insert—
	“(ii)                    is involved, to a substantial extent, in the provision of the
	programmes included”
135	Page 303, line 36, leave out “to be likely to be” and insert “is likely to become”
Clause 348
136	Page 305, line 9, at end insert—
	“( )       The matters to which OFCOM must have regard in determining for the
	purposes of this section the character of a local sound broadcasting service,
	include, in particular, the selection of spoken material and music in
	programmes included in the service.”
137	Page 305, line 20, leave out from beginning to “in” in line 21 and insert—
	“(ii)                    is involved, to a substantial extent, in the provision of the
	programmes included”

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Revised 10 July 2003