[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Page 1, line 11, leave out "staff" and insert "executive" |
| 2 | Page 1, line 12, leave out "staff" and insert "executive" |
| 3 | Page 1, line 18, leave out "staff" and insert "executive" |
| 4 | Page 2, line 1, leave out "staff" and insert "executive" |
| 5 | Page 2, line 5, leave out "staff" and insert "executive" |
| 6 | Page 2, line 7, leave out "staff" and insert "executive" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 7 | Page 2, line 32, leave out "both" |
| 8 | Page 2, line 32, after "regulators" insert ", the BBC" |
| 9 | Page 2, line 35, after "regulators" insert "or the BBC" |
| | THE LORD PILKINGTON OF OXENFORD |
| 10 | Page 2, line 38, at end insert— |
| "( ) | In fulfilment of the function relating to relevant proposals about regulation set out in subsection (1), OFCOM shall have regard to the need to establish an independent communications ombudsman service for investigating complaints by members of the public about invasion of their privacy or unfair treatment by any body or individual which it is proposed will be regulated by OFCOM." |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 11 | Page 2, line 38, at end insert— |
| "( ) | In fulfilment of the function set out in subsection (1), OFCOM shall have regard to the need (subject to subsection (2))— |
| (a) | to ensure fair and effective competition in the provision of services provided within the communications industry and those connected with them; and |
| (b) | to ensure needs of consumers are protected with regard to both economic consideration and access to communications services." |
| | THE LORD CORBETT OF CASTLE VALE |
| 12 | Page 2, line 38, at end insert— |
| "( ) | In fulfilment of the functions set out in subsection (1), OFCOM shall have regard to the need to promote the interests of citizens and consumers with regard to communications." |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 13* | Page 2, line 38, at end insert— |
| "( ) | It shall be the duty of OFCOM to work with the Office of Fair Trading to develop proposals for the exercise of concurrent powers under the Competition Act 1998 (c. 41)." |
| | THE LORD THOMSON OF MONIFIETH
THE VISCOUNT FALKLAND |
| 14 | Page 3, line 5, at end insert "; and |
| (c) | any proposals by the Secretary of State for the conferring on OFCOM of functions relating to restrictions on the holding of licences in Schedule 2 to the Broadcasting Act 1990 (c. 42)" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 15 | Page 3, line 21, at end insert— |
| "( ) | Borrowings under subsection (6) shall not exceed #6 million until legislative effect has been given to the proposals about the regulation of communications referred to in subsection (3)." |
| 16 | Insert the following new Clause— |
| | OFCOM shall, in managing their affairs, have regard— |
| (a) | to such general guidance concerning the management of the affairs of public bodies as OFCOM consider appropriate; and |
| (b) | subject to any such guidance and only to the extent that they may reasonably be regarded as applicable in relation to a statutory corporation, to generally accepted principles of good corporate governance." |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 17 | Page 3, line 41, after "regulators" insert "(other than the BBC)" |
| 18 | Page 4, line 2, at end insert— |
| "( ) | It shall be the duty of the BBC— |
| (a) | to prepare a scheme setting out— |
| (i) | proposals for the conferring on OFCOM or the regulation by OFCOM of any objects, powers, or duties of the BBC or functions of the Secretary of State relevant thereto; |
| (ii) | the means by which such proposals might be made effective; and |
| (iii) | the property, rights or liabilities the transfer of which would be appropriate to implement such proposals; |
| (b) | to consult with OFCOM about those proposals; |
| (c) | to submit that scheme to the Secretary of State who shall thereafter lay a copy of the scheme before each House of Parliament no later than the end of the period of one year beginning with the day on which this Act is passed." |
| | THE LORD LIPSEY
THE BARONESS ANELAY OF ST JOHNS
THE LORD McNALLY |
| 19 | Insert the following new Clause— |
| | "Implementation of proposals |
| (1) | The Secretary of State shall ensure that any bill containing provisions relating to the implementation of any relevant proposals within the meaning of section 2(3) is— |
| (a) | published in draft; and |
| (b) | subject to consultation. |
| (2) | The period for consultation shall be such as to allow scrutiny of any draft bill by a joint committee of both Houses of Parliament." |
| 20 | Page 4, line 24, after "abandonment" insert "or modification" |
| 21 | Page 4, line 26, leave out paragraph (b) |
| 22 | Page 4, line 30, leave out from first "of" to first "it" in line 31 and insert "the abandonment or modification of any relevant proposals about the regulation of communications" |
| 23 | Page 4, line 30, leave out "paragraph (a) or (b) of" |
| 24 | Page 4, line 33, leave out "that subsection" and insert "subsection (1)" |
| 25 | Page 5, line 21, leave out "or 2" and insert ", 2 or (Management of OFCOM)" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 26 | Page 5, line 23, at end insert— |
| | ""BBC" means the British Broadcasting Corporation;" |
| | THE LORD GORDON OF STRATHBLANE |
| 27* | Page 5, line 28, at end insert— |
| "(e) | the Board of Governors of the BBC;" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 28 | Page 5, line 47, at end insert "; and |
| (c) | references in section 3 to existing regulators include, for the purposes of that section, the BBC." |
| 29 | Page 6, line 3, leave out "and 2" and insert ", 2 and (Management of OFCOM)" |
| | THE LORD GORDON OF STRATHBLANE
THE BARONESS MILLER OF HENDON |
| 30 | Page 6, line 5, at end insert— |
| "(2A) | No order shall be made under subsection (2)— |
| (a) | until a bill to give effect to the proposals referred to in section 2(3) has been introduced into either House of Parliament, and |
| (b) | unless, before introduction, a draft of such a bill has been published and is available for scrutiny for at least eight sitting weeks of either House. |
| (2B) | If the conditions specified in subsection (2A) above are not fulfilled, no order shall be made under subsection (2) until a bill to give effect to the proposals referred to in section 2(3) has received a Second Reading in either House." |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 31 | Page 6, line 9, at end insert— |
| "( ) | Nothing in this Act shall come into force until a bill, draft or otherwise, to give effect to the proposals referred to in section 2(3) is introduced into either House of Parliament." |
| 32 | Page 7, line 4, leave out "non-staff" and insert "non-executive" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 33 | Page 7, line 7, at end insert— |
| "( ) | Before appointing a person as a non-staff member of OFCOM, the Secretary of State shall satisfy himself that the appointments panel has taken into account the views of the chairman before making their recommendations as to the appointments to be made." |
| 34 | Page 7, line 9, leave out "non-staff" and insert "non-executive" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 35 | Page 7, line 10, at end insert— |
| "( ) | Before appointing a person to be the chairman, the Secretary of State shall also satisfy himself that the person will have no employment or other commitments or responsibilities as are likely to affect prejudicially his ability to devote sufficient time to the undertaking of his functions as the chairman and as a member of OFCOM." |
| 36 | Page 7, line 13, leave out "non-staff" and insert "non-executive" |
| 37 | Page 7, line 14, leave out "non-staff" and insert "non-executive" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 38* | Page 7, line 27, at end insert— |
| "( ) | Before appointing members of OFCOM the Secretary of State shall ensure that at all times, where possible, at least two members of OFCOM are qualified lawyers or economists and who have appropriate experience and knowledge of competition law and practice. |
| ( ) | A lawyer will be qualified for these purposes only if— |
| (a) | he has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41), |
| (b) | he is an advocate or solicitor in Scotland of at least seven years' standing, or |
| (i) | a member of the Bar of Northern Ireland of at least seven years' standing, or |
| (ii) | a Solicitor of the Supreme Court of Northern Ireland of at least seven years' standing." |
| 39 | Page 7, line 30, leave out "non-staff" and insert "non-executive" |
| 40 | Page 7, line 32, leave out "non-staff" and insert "non-executive" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 41 | Page 7, line 34, at end insert— |
| "( ) | A person's appointment to be the chairman must also require him to devote to the undertaking of the functions of his office an average of no less than thirty-five hours per week." |
| 42 | Page 7, line 35, leave out "non-staff" and insert "non-executive" |
| 43 | Page 7, line 37, leave out "non-staff" and insert "non-executive" |
| 44 | Page 8, line 11, leave out "non-staff" and insert "non-executive" |
| 45 | Page 8, line 14, leave out "non-staff" and insert "non-executive" |
| 46 | Page 8, line 18, leave out "non-staff" and insert "non-executive" |
| 47 | Page 8, line 24, leave out "non-staff" and insert "non-executive" |
| 48 | Page 8, line 27, leave out "non-staff" and insert "non-executive" |
| 49 | Page 8, line 28, leave out "a staff" and insert "an executive" |
| 50 | Page 8, line 30, leave out "non-staff" and insert "non-executive" |
| 51 | Page 8, line 31, leave out "staff" and insert "executive" |
| 52 | Page 8, line 32, leave out "non-staff" and insert "non-executive" |
| 53 | Page 8, line 34, leave out "non-staff" and insert "non-executive" |
| 54 | Page 9, line 3, leave out "non-staff" and insert "non-executive" |
| 55 | Page 9, line 10, leave out "staff" and insert "executive" |
| 56 | Page 9, line 12, leave out "staff" and insert "executive" |
| 57 | Page 9, line 13, leave out "staff" and insert "executive" |
| 58 | Page 9, line 15, leave out "non-staff" and insert "non-executive" |
| 59 | Page 9, line 17, leave out "non-staff" and insert "non-executive" |
| 60 | Page 9, line 18, leave out "staff" and insert "executive" |
| 61 | Page 9, line 24, leave out "non-staff" and insert "non-executive" |
| 62 | Page 9, line 25, leave out "a staff" and insert "an executive" |
| 63 | Page 9, line 28, leave out "non-staff" and insert "non-executive" |
| 64 | Page 9, line 30, leave out "non-staff" and insert "non-executive" |
| 65 | Page 9, line 32, leave out "a staff" and insert "an executive" |
| 66 | Page 9, line 35, leave out "a staff" and insert "an executive" |
| 67 | Page 9, line 38, leave out "a staff" and insert "an executive" |
| 68 | Page 9, line 39, leave out "a staff" and insert "an executive" |
| 69 | Page 9, line 41, leave out "staff" and insert "executive" |
| 70 | Page 9, line 45, leave out "staff" and insert "executive" |
| 71 | Page 10, line 9, leave out "a staff member or a non-staff" and insert "an executive member or a non-executive" |
| 72 | Page 12, line 24, leave out "non-staff" and insert "non-executive" |
| 73 | Page 12, line 26, leave out "non-staff" and insert "non-executive" |
| 74 | Page 12, line 28, at end insert— |
| | "(3A) OFCOM shall publish, in such manner as they consider appropriate, any arrangements which they make under this paragraph." |
| 75 | Page 12, line 29, at end insert— |
| | "15A OFCOM shall make arrangements for the keeping of proper records— |
| (a) | of their proceedings; |
| (b) | of the proceedings of any committee established by them; |
| (c) | of the proceedings at any meeting of the chairman and other non-executive members of OFCOM; and |
| (d) | of anything done by an employee or member of OFCOM under paragraph 17(a)." |
| 76 | Page 12, line 33, leave out "non-staff" and insert "non-executive" |
| 77 | Page 12, line 42, leave out "non-staff" and insert "non-executive" |
| 78 | Page 13, line 3, at end insert— |
| | "(3A) It shall be the duty of OFCOM, in granting authorisations for the purposes of sub-paragraph (3)(b), to secure that a resolution for those purposes does not allow a person to take part in a discussion or decision at a meeting of a committee established by virtue of paragraph 14(1)(a) unless at least the following requirements are met— |
| (a) | the number of other members of the committee in favour of the resolution is not less than two thirds of those who are both present and entitled to vote on the resolution; and |
| (b) | the number of other members of the committee in favour of the resolution is not less than its quorum." |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MILLER OF HENDON |
| 79 | Page 13, line 3, at end insert— |
| "( ) | In the case of a resolution made under sub-paragraph (3)(a), OFCOM shall publish within 30 days a statement of the interest and the reasons why it was appropriate to disregard it." |
| 80 | Page 13, line 5, leave out "non-staff" and insert "non-executive" |
| 81 | Page 13, line 12, leave out "non-staff" and insert "non-executive" |
| 82 | Page 13, line 17, leave out "non-staff" and insert "non-executive" |
| 83 | Page 13, line 19, leave out "the other non-staff" and insert "other non-executive" |
| 84 | Page 13, line 42, leave out "Subject to the following provisions of this paragraph," |
| 85 | Page 14, line 2, leave out "non-staff" and insert "non-executive" |
| 86 | Page 14, line 39, at end insert— |
