Right of Reply and Press Standards Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Right of Reply and Press Standards Bill

Right of Reply and Press Standards Bill
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Register
(1)
It shall be the duty of the Board to establish and maintain a publicly accessible
register of information about relevant publications.
(2)
In relation to each newspaper and periodical, the register shall specify—
(a)
the name of the editor,
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(b)
the name of the person designated by that newspaper or periodical as
being responsible for responding to complaints,
(c)
the ways in which the persons specified in paragraphs (a) and (b) may
be contacted (which shall include a postal address in respect of at least
one of them), and
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(d)
the website address of any website version of the newspaper or
periodical.
(3)
The register shall include a list of newspapers and periodicals in respect of
which a notice of exemption has been issued under section 26(2).
Miscellaneous and final provisions
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Orders and regulations
(1)
Any power of the Secretary of State to make orders or regulations under this
Act includes power—
(a)
to make different provision for different cases, and
(b)
to make incidental, supplementary, consequential or transitional
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provision or savings.
(2)
The power of the Secretary of State to make orders and regulations under this
Act is exercisable by statutory instrument.
(3)
No statutory instrument (other than an order under section 33) may be made
unless a draft of the instrument has been laid before and approved by each
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House of Parliament.
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Interpretation
(1)
In this Act—
“the Adjudicator” means the Press Standards Adjudicator appointed in
accordance with the provisions of section 2;
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“the Board” means the Press Standards Board established under section 1;
“the database” means the database maintained in accordance with the
provisions of section 17;
“editor”, in relation to a newspaper or periodical, means a person having
editorial or equivalent responsibility for the editorial material of the
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newspaper or periodical;
“editorial material” means all content of the relevant publication except
advertisements (other than advertisements to which subsection (2)
applies);
“enforcement notice” has the meaning given by section 20;
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“further compliance proceedings” has the meaning given by section 22;
“an initial complaint” has the meaning given by section 7;
“initial compliance proceedings” has the meaning given by section 19;

Right of Reply and Press Standards Bill
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“newspaper” means a daily, Sunday or local (other than daily or Sunday)
newspaper circulating wholly or mainly in the United Kingdom;
“notice of exemption” means a notice issued in accordance with the
provisions of section 26;
“the register” (other than in paragraph 15(2) of Schedule 1) means the
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register established and maintained in accordance with the provisions
of section 28;
“relevant publication” has the meaning given by section 26;
“a response by a relevant publication” has the meaning given by section 8;
“right of reply” has the meaning given by section 6;
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“a website version of a newspaper or periodical” has the meaning given
by section 27.
(2)
This subsection applies to advertisements—
(a)
for other editions of the relevant publication in which the
advertisement appears, or
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(b)
for a relevant publication which is part of the same newspaper
enterprise as the relevant publication in which the advertisement
appears.
(3)
In subsection (2), “newspaper enterprise” has the same meaning as in section
58A(3) of the Enterprise Act 2002 (c. 40) (meaning of newspaper enterprise).
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Expenses
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown in consequence of this
Act, and
(b)
any increase attributable to this Act in the sums payable out of money so
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provided under any other Act.
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Consequential amendments
Schedule 2 (which makes consequential amendments of other Acts) has effect.
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Short title and commencement
(1)
This Act may be cited as the Right of Reply and Press Standards Act 2005.
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(2)
This Act (other than sections 29 to 31 and this section) shall come into force on
such date as the Secretary of State may by order determine.

Right of Reply and Press Standards Bill
Schedule 1 — Constitution, etc., of the Board
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Schedules
Schedule 1
Section 1

Constitution, etc., of the Board
Status
1     (1)
The Board is a body corporate.
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      (2)
The Board is not the servant or agent of the Crown, it does not enjoy any
status, immunity or privilege of the Crown and its property is not to be
regarded as property of or as held on behalf of the Crown.
Membership
2     (1)
The Board shall consist of members appointed in accordance with the
10
provisions of this paragraph.
      (2)
The Secretary of State shall appoint five members of the Board.
      (3)
In making appointments under sub-paragraph (2), the Secretary of State
shall seek to secure that, at any time, two members of the Board are persons
who appear to him to represent the interests of relevant publications.
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      (4)
Each of the following shall appoint one member of the Board—
(a)
the Scottish Ministers,
(b)
the National Assembly for Wales.
3
The Chairman of the Board shall be elected by the Board from amongst its
members.
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Disqualification
4
A person is disqualified for being appointed as a member of the Board if he
holds office as or is appointed an editor of a relevant publication.
5     (1)
A person is disqualified for being appointed as chairman or other member
of the Board if—
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(a)
he is the subject of a bankruptcy restrictions order or interim order,
(b)
a bankruptcy order has been made against him by a court in
Northern Ireland, his estate has been sequestrated by a court in
Scotland or, under the law of Northern Ireland or Scotland, he has
made a composition or arrangement with, or granted a trust deed
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for, his creditors, or
(c)
in the last five years he has been convicted in the United Kingdom,
the Channel Islands or the Isle of Man of an offence and has had a
qualifying sentence passed on him.

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Schedule 1 — Constitution, etc., of the Board
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      (2)
Where a person is disqualified under sub-paragraph (1)(b) because a
bankruptcy order has been made against him or his estate has been
sequestrated, the disqualification shall cease—
(a)
on his obtaining a discharge, or
(b)
if the bankruptcy order is annulled or the sequestration of his estate
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is recalled or reduced, on the date of that event.
      (3)
Where a person is disqualified under sub-paragraph (1)(b) because of his
having made a composition or arrangement with, or granted a trust deed
for, his creditors, the disqualification shall cease—
(a)
at the end of the period of five years beginning with the date on
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which the terms of the deed of composition or arrangement or trust
deed are fulfilled, or
(b)
if, before then, he pays his debts in full, on the date on which the
payment is completed.
      (4)
For the purposes of sub-paragraph (1)(c), the date of conviction shall be
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taken to be the ordinary date on which the period allowed for making an
appeal or application expires or, if an appeal or application is made, the date
on which the appeal or application is finally disposed of or abandoned or
fails by reason of its non-prosecution.
      (5)
In sub-paragraph (1)(c), the reference to a qualifying sentence is to a sentence
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of imprisonment for a period of not less than three months (whether
suspended or not) without the option of a fine.
Tenure of office
6     (1)
Subject to the provisions of paragraphs 7 to 9, the members of the Board shall
hold and vacate office in accordance with the terms of their respective
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appointments.
      (2)
The terms of appointment of the members of the Board shall be such as the
person making the appointment may determine.
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A person holding office as a member of the Board may resign that office by
giving notice in writing to the person who appointed him.
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8
A person holding office as a member of the Board shall cease to hold that
office if he ceases to be qualified for appointment to it by reason of
paragraph 4 or 5.
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A person holding office as a member of the Board who is not at that time
chairman may be removed from office by the person who appointed him if
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the person who appointed him is satisfied that the member of the Board—
(a)
has been absent from meetings of the Board for six consecutive
months, or longer, without the permission of the Board, or
(b)
is unable or unfit to carry out his functions as a member of the Board.
10    (1)
The chairman shall be elected for a period of three years.
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      (2)
A person may be elected on more than one occasion to the position of
chairman, but may not be elected for more than two successive periods of
three years.
      (3)
A person may be removed from office as chairman by a decision of the Board
if he is unable or unfit to carry out his functions as chairman.
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Right of Reply and Press Standards Bill
Schedule 1 — Constitution, etc., of the Board
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Remuneration, pensions etc. of members
11    (1)
The Board may pay to the chairman or any of the other members of the Board such
remuneration as the Secretary of State may determine.
      (2)
The Board may pay, or make provision for paying, to or in respect of the chairman
or any of the other members of the Board such pensions, allowances, fees, expenses
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or gratuities as the Secretary of State may determine.
      (3)
The Board may make a payment to a person who ceases to hold office as chairman or
other member of the Board otherwise than on the expiry of his term of office if it
appears to the Secretary of State that there are special circumstances which make it
right for that person to receive compensation.
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      (4)
A payment under sub-paragraph (3) shall be of such amount as the Secretary of State
may determine.
Staff
12
The Board may appoint such staff as it considers appropriate, on such terms and
conditions as it may determine.
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Proceedings
13
Subject to any provision of this Act, the Board may regulate its own
procedure (including quorum).
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The validity of any proceedings of the Board shall not be affected by—
(a)
any vacancy in the office of—
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(i)
chairman,
(ii)
a member to be appointed by a particular provision of
paragraph 2,
(b)
any defect in a person’s appointment as chairman or other member,
or
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(c)
the composition for the time being of the membership of the Board.
Members’ interests
15    (1)
The Board shall establish and maintain a system for the declaration and
registration of private interests of its members.
      (2)
The Board shall publish entries recorded in the register of members’
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interests.
Accounts and audit
16    (1)
The Board shall keep proper accounts and proper records in relation to its
accounts.
      (2)
The Board shall prepare a statement of accounts in respect of each of its
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financial years.
      (3)
Any such statement of accounts must comply with any directions given by
the Secretary of State with the approval of the Treasury as to—
(a)
the information to be contained in the statement,
(b)
the manner in which that information is to be presented, and
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Right of Reply and Press Standards Bill
Schedule 1 — Constitution, etc., of the Board
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(c)
the methods and principles according to which the statement is to be
prepared.
      (4)
The Board shall send a copy of each statement of accounts required by sub-
paragraph (2) to—
(a)
the Secretary of State,
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(b)
the Scottish Ministers,
(c)
the National Assembly for Wales, and
(d)
the Comptroller and Auditor General,

before the end of such period after the end of the financial year to which the
statement relates as the Secretary of State may specify by notice given to the
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Board.
      (5)
The Comptroller and Auditor General shall—
(a)
examine, certify and report on each statement of accounts received
by him under sub-paragraph (4)(d), and
(b)
lay a copy of each such statement of accounts, and of his report on it,
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before each House of Parliament.
      (6)
The power under sub-paragraph (3) to give directions includes power to
vary or revoke directions given in previous exercise of the power.
      (7)
In this paragraph, “financial year” means—
(a)
the period beginning with the date on which the Board is established
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and ending with the next 31st March, and
(b)
each successive period of 12 months ending with 31st March.
Instruments
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The application of the seal of the Board shall be authenticated by the
signature of any member of the Board or of any other person who has been
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authorised for the purpose by the Board, whether generally or specially.
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A document purporting—
(a)
to be duly executed under the seal of the Board, or
(b)
to be signed on its behalf,

shall be received in evidence and be taken, without further proof, to be so
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executed or signed unless the contrary is shown.
Supplementary powers
19
The Board may do anything which is calculated to facilitate, or is conducive
or incidental to, the carrying out of its functions, but may not borrow money.
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The Board may delegate any of its functions (to such extent as it may
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determine)—
(a)
to any member of the Board,
(b)
to any member of staff of the Board, or
(c)
to a committee consisting of persons each of whom is—
(i)
a member of the Board, or
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(ii)
a member of the staff of the Board.