|
|
| ( 26 ) |
|
| ““purposes of public service television broadcasting in the United |
| Kingdom” shall be construed in accordance with subsection (4) of |
| section 260 and subsections (5) and (6) of that section shall apply for |
| the purposes of any provision of this Act referring to such purposes |
| as they apply for the purposes of a report under that section;” |
199 | Page 348 , line 8, after “of” insert “, or in connection with,” |
After Clause 401 |
200 | Insert the following new Clause— |
| “Modifications consequential on regulations implementing Directives |
| (1) This section applies if it appears to the Secretary of State that regulations |
| under section 2 of the European Communities Act 1972 (c. 68) for giving |
| effect to Community obligations imposed by the Communications |
| Directives have come into force before the passing of this Act. |
| (2) The Secretary of State may by order— |
| (a) repeal any relevant provision of this Act which appears to him to be |
| unnecessary, or to have become spent, in consequence of the |
| regulations; |
| (b) make such other modifications of the relevant provisions of this Act |
| as he considers appropriate in consequence of the regulations; |
| (c) revoke provision made by the regulations; and |
| (d) make transitory or transitional provision in relation to anything |
| done by or under the regulations. |
| (3) The Secretary of State’s power under this section includes power to make |
| consequential amendments of enactments not contained in this Act. |
| (4) In this section— |
| “the Communications Directives” means— |
| (a) the Access Directive, that is to say, Directive 2002/19/EC of |
| the European Parliament and of the Council on access to, |
| and interconnection of, electronic communications |
| networks and associated facilities; |
| (b) the Authorisation Directive, that is to say, Directive 2002/ |
| 20/EC of the European Parliament and of the Council on the |
| authorisation of electronic communications networks and |
| services; |
| (c) the Framework Directive, that is to say, Directive 2002/21/ |
| EC of the European Parliament and of the Council on a |
| common regulatory framework for electronic |
| communications networks and services; |
| (d) the Universal Service Directive, that is to say, Directive |
| 2002/22/EC of the European Parliament and of the Council |
|
|
| ( 27 ) |
|
| on universal service and users’ rights relating to electronic |
| communications networks and services; |
| “relevant provision of this Act” means a provision contained in— |
| (a) Part 1, 2 or 6; or |
| (b) Chapter 1 of Part 5. |
| (5) No order is to be made containing provision authorised by this section |
| unless a draft of the order has been laid before Parliament and approved by |
| a resolution of each House.” |
Clause 402 |
201 | Page 35 2 , line 39, leave out “or” |
Clause 403 |
202 | Page 35 3 , line 5, at end insert— |
| “( ) An order under subsection (2) may include provision making such |
| transitional or transitory provision, in addition to that made by Schedule |
| 18, as the Secretary of State considers appropriate in connection with the |
| bringing into force of any provisions of this Act; and the power to make |
| transitional or transitory provision includes power to make— |
| (a) different provision for different cases (including different provision |
| in respect of different areas); |
| (b) provision subject to such exemptions and exceptions as the |
| Secretary of State thinks fit; and |
| (c) such incidental, supplemental and consequential provision as he |
| thinks fit.” |
Schedule 1 |
203 | Page 355 , line 10, leave out paragraph (e) |
Schedule 11 |
204 | Page 400, line 37, at end insert— |
| “( ) Where the defaulter is a partnership constituted under the law of |
| Scotland, the power of the court to punish the defaulter includes power |
| to punish a member of the partnership.” |
Schedule 12 |
205 | Page 402, line 43, leave out from “under” to end of line 45 and insert “the BBC |
| Charter and Agreement” |
206 | Page 417, line 8, leave out “fair treatment of” and insert “equalisation of |
| opportunities for” |
Schedule 13 |
207 | Page 424 , line 14, after second “to” insert “television multiplex services and |
| general” |
208 | Page 424 , line 38, after second “to” insert “television multiplex services and |
|
|
| ( 28 ) |
|
| general” |
209 | Page 426 , line 31, leave out “national radio multiplex revenue” and insert “relevant |
| multiplex services” |
210 | Page 426 , line 40, leave out from “revenue” to “is” in line 43 and insert “attributable |
| to a person in relation to national radio multiplex services” |
211 | Page 426, line 44, leave out from “(3)” to “is” in line 45 and insert— |
| “(5B) A determination or estimate for the purposes of subsection (2A) |
| or (5) above of the share of multiplex revenue attributable to a |
| person in relation to television multiplex services or general |
| multiplex services” |
212 | Page 427 , line 17, leave out “national radio multiplex revenue” and insert “relevant |
| multiplex services” |
213 | Page 427 , line 29, leave out from “revenue” to “is” in line 32 and insert “attributable |
| to a person in relation to national radio multiplex services” |
214 | Page 427, line 33, leave out from “(3)” to “is” in line 34 and insert— |
| “(6B) A determination or estimate for the purposes of subsection (2A) |
| or (6) above of the share of multiplex revenue attributable to a |
| person in relation to general multiplex services” |
Schedule 15 |
215 | Page 437, line 12, leave out from “fees),” to end of line 16 and insert “the words |
| from “and the amount” onwards shall be omitted.” |
216 | Page 440, line 19, leave out “In” |
217 | Page 440, line 20, after “licence)” insert “shall be amended as follows. |
| (2)” |
218 | Page 440, line 21, at end insert— |
| “(3) In subsection (2), in the definition of “associated programme provider”, |
| for the words from “appears” to “inclusion” there shall be substituted “is |
| or is likely to be involved, to a substantial extent, in the provision of the |
| programmes included” |
219 | Page 441 , line 7, leave out paragraph 17 |
220 | Page 447, line 3, leave out from “fees),” to end of line 7 and insert “the words from |
| “and the amount” onwards shall be omitted.” |
221 | Page 450, line 12, after “interpretation)” insert— |
| “(a) in the definition of “associated programme provider”, for the |
| words from “appears” to “inclusion” there shall be substituted “is |
| or is likely to be involved, to a substantial extent, in the provision |
| of the programmes included”; and |
| (b) in the words after the definition of “the relevant period”,” |
222 | Page 458, line 7, at end insert— |
| “( ) In paragraph 1(6) of Part 1 (meaning of “more than a 20 per cent. |
| interest”), for “20 per cent.”, wherever occurring, there shall be |
| substituted “5 per cent.”.” |
|
|
| ( 29 ) |
223 | Page 461, line 1, leave out from “fees),” to end of line 5 and insert “the words from |
| “and the amount” onwards shall be omitted.” |
224 | Page 463 , line 24, at end insert— |
| “( ) for “a multiplex licence”, in each place, there shall be substituted |
| “a television multiplex service or a general multiplex service”; |
| ( ) for “the multiplex service to which the licence relates”, in each |
| place, there shall be substituted “that multiplex service”;” |
225 | Page 464 , line 24, at end insert “; and |
| (b) for “a multiplex licence” there shall be substituted “a television |
| multiplex service or a general multiplex service”.” |
226 | Page 470, line 35, leave out sub-paragraph (4) and insert — |
| “( ) In subsection (2), sub-paragraph (ii) of paragraph (b) and the word “or” |
| immediately preceding it shall be omitted. |
| ( ) In subsection (3) (fixing of fees), the words from “and the amount” |
| onwards shall be omitted.” |
227 | Page 474 , line 13, leave out paragraph 116 and insert— |
| “116 (1) Section 56 of the 1996 Act (multiplex revenue) shall be amended as |
| follows. |
| (2) In subsection (1)— |
| (a) for “section 55(1)” there shall be substituted “this Part”; |
| (b) for “the holder of a national radio multiplex licence” there shall |
| be substituted “the person who is the multiplex provider in |
| relation to a national radio multiplex service”; |
| (c) in paragraph (a)(i), “to which the licence relates” shall be omitted; |
| (d) in paragraphs (c) and (d), for “the holder of the radio multiplex |
| licence” there shall be substituted “the multiplex provider”. |
| (3) In subsections (2) to (8)— |
| (a) for “the holder of the radio multiplex licence”, “the licence |
| holder” and “the holder of the multiplex licence”, wherever |
| occurring, there shall be substituted, in each case, “the multiplex |
| provider”; and |
| (b) for “the Authority”, wherever occurring, there shall be |
| substituted “OFCOM”. |
| (4) In subsection (9)— |
| (a) for “a national radio multiplex licence”, in each place, there shall |
| be substituted “a national radio multiplex service”; |
| (b) for “the radio multiplex service to which the licence relates”, in |
| each place, there shall be substituted “that radio multiplex |
| service”; |
| (c) after the definition of “additional services provider” there shall |
| be inserted— |
| “‘multiplex provider’— |
| (a) in relation to a national radio multiplex service for |
| which a person holds a licence under this Part, |
| means the licence holder; and |
| (b) in relation to a national radio multiplex service |
| which is not licensed under this Part, means the |
| person who provides that service.”” |
|