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House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament


 
 

    (  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.


 
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