|
|
| ( 7 ) |
|
Clause 131 |
30 | Page 124, line 8, at end insert— |
| “( ) The consent of the Secretary of State is required for the making by OFCOM |
| of an order under this section.” |
31 | Page 124, line 9, at end insert— |
| “( ) A statutory instrument containing an order made by OFCOM under this |
| section shall be subject to annulment in pursuance of a resolution of either |
| House of Parliament.” |
Clause 156 |
32 | Page 143, line 29, leave out paragraphs (b) and (c) |
Clause 195 |
33 | Page 175, line 23, leave out paragraph (a) and insert— |
| “(a) the BBC Charter and Agreement, and” |
34 | Page 175, line 29, leave out “an agreement falling within subsection (1)(a)” and |
| insert “or under the BBC Charter and Agreement” |
35 | Page 175, line 32, leave out “the agreement” and insert “that Charter and |
| Agreement” |
36 | Page 175, line 33, leave out “such an agreement” and insert “that Charter and |
| Agreement” |
37 | Page 175, line 34, leave out subsection (3) and insert— |
| “(3) The BBC must pay OFCOM such penalties in respect of contraventions by |
| the BBC of provision made by or under— |
| (a) this Part, or |
| (b) the BBC Charter and Agreement, |
| as are imposed by OFCOM in exercise of powers conferred on them by that |
| Charter and Agreement.” |
38 | Page 176, line 2, leave out “by virtue of subsection (3)” and insert “by OFCOM in |
| exercise of a power conferred by virtue of the BBC Charter and Agreement” |
Clause 199 |
39 | Page 177, line 20, after “may” insert “by order” |
Clause 202 |
40 | Page 179, line 24, leave out “broadcasting” and insert “programme” |
41 | Page 179, line 26, leave out “broadcasting” and insert “programme” |
Clause 216 |
42 | Page 192, line 16, at end insert— |
| “(4A) The licence must contain the conditions that OFCOM consider appropriate |
| for securing that persons with disabilities affecting their sight or hearing or |
|
|
| ( 8 ) |
|
| both are able, so far as practicable, to make use of the service for all the |
| same purposes as persons without such disabilities.” |
Clause 226 |
43 | Page 201, line 37, leave out subsection (6) |
Clause 245 |
44 | Page 218, line 38, leave out “or” |
45 | Page 218, line 40, at end insert “; or |
| ( ) it is comprised in a television licensable content service.” |
After Clause 257 |
46 | Insert the following new Clause— |
| “Renewal of radio multiplex licences |
| In section 58(2) of the 1996 Act (renewal for twelve years of radio multiplex |
| licences granted within six years of commencement)— |
| (a) for “which is granted within six years” there shall be substituted |
| “granted within ten years”; and |
| (b) for the words from “for a period” onwards there shall be |
| substituted— |
| “(a) in the case of a licence granted within six years of that |
| commencement, for a period of twelve years beginning with |
| the date on which it would otherwise expire; and |
| (b) in any other case, for a period of eight years beginning with |
| that date.”” |
Clause 260 |
47 | Page 231, line 20, after “facilitating” insert “civic understanding and” |
48 | Page 231, line 28, at end insert “, of programmes of an educational nature and of |
| other programmes of educative value” |
49 | Page 231, line 31, after “religion” insert “and other beliefs” |
50 | Page 231, line 32, at end insert— |
| “( ) that the programmes included in those services that deal with |
| religion and other beliefs include— |
| (i) programmes providing news and other information about |
| different religions and other beliefs; |
| (ii) programmes about the history of different religions and |
| other beliefs; and |
| (iii) programmes showing acts of worship and other ceremonies |
| and practices (including some showing acts of worship and |
| other ceremonies in their entirety);” |
51 | Page 231, line 34, after “quantity” insert “and range” |
52 | Page 232, line 19, leave out from beginning to second “and” and insert “the BBC |
| Charter and Agreement” |
|
|
| ( 9 ) |
53 | Page 232, line 38, at end insert— |
| “( ) In this section— |
| “belief” means a collective belief in, or other adherence to, a |
| systemised set of ethical or philosophical principles or of mystical |
| or transcendental doctrines; and |
| “drama” includes contemporary and other drama in a variety of |
| different formats.” |
Clause 266 |
54 | Page 238, line 41, leave out subsection (11) |
Clause 271 |
55 | Page 244, line 29, at end insert— |
| “( ) In determining whether it is appropriate, by an order under subsection (2), |
| to add a service to the list of must-provide services or to remove a service |
| from that list, the Secretary of State must have regard, in particular, to— |
| (a) the public benefit to be secured by the addition of the service to the |
| list, or by its retention in the list; |
| (b) the likely effect of the proposed modification as respects the costs to |
| be borne, under arrangements entered into or imposed under |
| section 270, by the persons who, after the coming into force of the |
| modification, would have to be parties to those arrangements; and |
| (c) the extent to which that effect is proportionate to the benefit |
| mentioned in paragraph (a).” |
Clause 276 |
56 | Page 249, line 11, leave out paragraphs (a) and (b) |
57 | Page 249, line 16, leave out “such an appointment is made” and insert “a body is |
| appointed as the appointed news provider” |
58 | Page 249, line 18, leave out from beginning to “appointment” in line 19 and insert |
| “body’s finances are adequate, throughout the period of its” |
59 | Page 249, line 22, leave out “such” |
60 | Page 249, line 22, at end insert— |
| “(3A) The conditions imposed under this section must include the conditions that |
| OFCOM consider appropriate for securing that arrangements maintained |
| between— |
| (a) the holders of regional Channel 3 licences, and |
| (b) the body which is the appointed the news provider, |
| ensure that that body is subject to an obligation, enforceable by OFCOM, to |
| provide OFCOM with all such information as they may require for the |
| purpose of carrying out their functions.” |
61 | Page 249, line 25, leave out “person who” and insert “body which” |
62 | Page 250, line 2, after “(d)” insert “or (3A)” |
63 | Page 250, line 3, at end insert— |
|
|
| ( 10 ) |
|
| “( ) Section 32 of the 1990 Act (nomination of bodies eligible for appointment |
| as news providers) shall cease to have effect.” |
After Clause 276 |
64 | Insert the following new Clause— |
| “Disqualification from appointment as news provider |
| (1) The regulatory regime for every regional Channel 3 service includes the |
| conditions that OFCOM consider appropriate for securing— |
| (a) that a body is not appointed as the appointed news provider if it |
| falls within subsection (2); and |
| (b) that the appointment of a body as the appointed news provider |
| ceases to have effect if it becomes a body falling within that |
| subsection. |
| (2) A body falls within this subsection if— |
| (a) it is a disqualified person under Part 2 of Schedule 2 to the 1990 Act |
| in relation to a Channel 3 licence; or |
| (b) there would be a contravention of Part 1 of Schedule 14 to this Act |
| (whether by that body or by another person) if that body held a |
| licence to provide a Channel 3 service, or held a licence to provide |
| such a service for a particular area for which such a service is |
| provided.” |
Clause 277 |
65 | Page 250, line 6, leave out from “repeal” to end of line and insert “or otherwise |
| modify any of the provisions of section 276 or (Disqualification from appointment as |
| news provider)” |
Clause 278 |
66 | Page 250, line 22, leave out from “276” to end of line 23 and insert “or |
| (Disqualification from appointment as news provider)” |
67 | Page 250, line 25, leave out from “276” to end of line and insert “or (Disqualification |
| from appointment as news provider)” |
68 | Page 250, line 30, leave out “person” and insert “body” |
Clause 281 |
69 | Page 253, line 39, at end insert— |
| “( ) A proportion is not to be regarded by OFCOM as suitable for the purposes |
| of a provision of this section if it constitutes less than a significant |
| proportion of the programmes or expenditure in question.” |
Clause 282 |
70 | Page 255, line 34, at end insert— |
|
|
| ( 11 ) |
|
| “( ) A proportion is not to be regarded by OFCOM as suitable for the purposes |
| of a provision of this section if it constitutes less than a significant |
| proportion of the programmes in question.” |
Clause 283 |
71 | Page 256, line 30, at end insert— |
| “( ) A proportion is not to be regarded by OFCOM as suitable for the purposes |
| of a provision of this section if it constitutes less than a significant |
| proportion of the programmes or expenditure in question.” |
Clause 298 |
72 | Page 264, line 41, at end insert— |
| “(iii) persons with a dual sensory impairment,” |
73 | Page 265, line 3, leave out subsection (2) and insert— |
| “(1A) The code must include provision for securing that every provider of a |
| service to which this section applies ensures that adequate information |
| about the assistance for disabled people that is provided in relation to that |
| service is made available to those who are likely to want to make use of it. |
| (2) The code must also require that, from the fifth and tenth anniversaries of |
| the relevant date, the obligations in subsections (2A) and (3), respectively, |
| must be fulfilled by reference to averages computed over each of the |
| following— |
| (a) the twelve month period beginning with the anniversary in |
| question; and |
| (b) every twelve month period ending one week after the end of the |
| previous period for which an average fell to be computed. |
| (2A) The obligation to be fulfilled from the fifth anniversary of the relevant date |
| is that at least 60 per cent. of so much of every service which— |
| (a) is a service to which this section applies, and |
| (b) has a relevant date after the passing of this Act, |
| as consists of programmes that are not excluded programmes must be |
| accompanied by subtitling.” |
74 | Page 265, line 9, leave out “Those obligations” and insert “The obligations to be |
| fulfilled from the tenth anniversary of the relevant date” |
75 | Page 265, line 10, leave out “in every week” |
76 | Page 265, line 13, leave out “in every week” |
77 | Page 265, line 16, leave out “in every week” |
78 | Page 265, line 20, leave out “in every week” |
79 | Page 265, line 24, after “in” insert “subsection (2A) or in” |
80 | Page 265, line 26, after “that” insert “subsection or” |
81 | Page 265, line 28, after “to” insert “subsection (2A) and” |
82 | Page 265, line 30, after “that” insert “subsection or” |
83 | Page 266, line 3, leave out from “(9),” to “and” in line 4 and insert “from dates |
|
|
| ( 12 ) |
|
| falling before an anniversary mentioned in subsection (2); |
| ( ) requirements on persons providing such services to meet further |
| targets from dates falling after the anniversary mentioned in |
| subsection (3);” |
84 | Page 266, line 11, leave out from “(2)” to end of line 12 |
85 | Page 266, line 23, leave out paragraph (f) |
Clause 300 |
86 | Page 267, line 13, at end insert “or” |
87 | Page 267, line 14, leave out from “service” to end of line 16 |
Clause 301 |
88 | Page 267, line 29, at end insert— |
| “( ) Where it appears to the Secretary of State, in the case of services of a |
| particular description, that the obligation specified in section 298(2A) has |
| been or is likely to be fulfilled in their case before the anniversary so |
| specified, he may by order modify section 298 so as to do one or both of the |
| following— |
| (a) increase the percentage so specified in relation to services of that |
| description; |
| (b) substitute a different anniversary for the anniversary by which that |
| obligation must be fulfilled in the case of such services.” |
89 | Page 267, line 32, leave out “specified in subsection (2) of that section” and insert |
| “by which the obligations specified in subsection (3) of that section must be |
| fulfilled” |
90 | Page 267, line 34, leave out “different” and insert “higher” |
91 | Page 267, line 35, leave out “subsection (3) of that section” and insert “that |
| subsection” |
92 | Page 267, line 36, leave out “virtue of subsection (1)” and insert “an order under |
| this section” |
93 | Page 268, line 1, leave out “subsection (1)” and insert “this section” |
Clause 304 |
94 | Page 269, line 9, leave out from second “promotion” to end of line 11 and insert |
| “, for members of its intended audience, of the programmes included in each |
| public service channel; and |
| (b) the facilities, in the case of each such channel, for members of its |
| intended audience to select or access the programmes included in |
| it.” |
95 | Page 269, line 11, at end insert— |
| “( ) The practices required by the code must also include the incorporation of |
| such features in electronic programme guides as OFCOM consider |
|
|
| ( 13 ) |
|
| appropriate for securing that persons with disabilities affecting their sight |
| or hearing or both — |
| (a) are able, so far as practicable, to make use of such guides for all the |
| same purposes as persons without such disabilities; and |
| (b) are informed about, and are able to make use of, whatever |
| assistance for disabled people is provided in relation to the |
| programmes listed or promoted.” |
96 | Page 269, line 26, at end insert— |
| “( ) In this section “intended audience”, in relation to a service of any |
| description, means— |
| (a) if the service is provided only for a particular area or locality of the |
| United Kingdom, members of the public in that area or locality; |
| (b) if it is provided for members of a particular community, members |
| of that community; and |
| (c) in any other case, members of the public in the United Kingdom.” |
97 | Page 269, line 28, leave out paragraph (a) |
Clause 306 |
98 | Page 270, line 23, at end insert— |
| “(1B) The matters to which OFCOM must have regard in determining for |
| the purposes of this section the character of a service provided |
| under a local licence include, in particular, the selection of spoken |
| material and music in programmes included in the service.”” |
After Clause 306 |
99 | Insert the following new Clause— |
| “Consultation about change of character of local services |
| After section 106 of the 1990 Act there shall be inserted— |
| “106ZA Consultation about change of character of local services |
| (1) Before deciding for the purposes of a condition imposed under |
| subsection (1A) of section 106 whether to consent to a departure |
| from the character of a service provided under a local licence on any |
| of the grounds mentioned in paragraphs (b) to (d) of that |
| subsection, OFCOM must publish a notice specifying— |
| (a) the proposed departure; and |
| (b) the period in which representations may be made to |
| OFCOM about the proposal. |
| (2) That period must end not less than 28 days after the date of |
| publication of the notice. |
| (3) The notice must be 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 the |
| departure. |
|