Amendment text (29 April 2003)

Communications Bill— Amendments to be debated in the House of Lords—continued	House of Lords

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Clause 261

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

189 Page 232, line 43, leave out subsection (2) and insert—

"(2)   The public service remit for every regional Channel 3 service is the provision of a wide range of high quality and diverse programming which, in particular, includes a substantial range of high quality original production and satisfies the tastes and interests of the part of the United Kingdom for which that service is licensed.

(2A)   The public service remit for every national Channel 3 service is the provision of a wide range of high quality and diverse programming which, in particular, includes a substantial range of high quality original production.

(2B)   The public service remit for Channel 5 is the provision of a range of high quality and diverse programming."

THE VISCOUNT FALKLAND
THE LORD McNALLY

190 Page 232, line 43, leave out subsection (2) and insert—

"(   )   The public service remit for every Channel 3 service is the provision of a broad range of high quality and diverse programming, including factual and entertainment programmes, in a manner which—

(a)   satisfies the tastes and interests of the part of the United Kingdom for which that service is licensed, and

(b)   reflects the regional diversity of the United Kingdom.

(   )   The public service remit for every Channel 5 service is the provision of a broad range of high quality and diverse programming, including factual and entertainment programmes, in a manner which—

(a)   satisfies the tastes and interests of the part of the United Kingdom for which that service is licensed, and

(b)   reflects the regional diversity of the United Kingdom."

Clause 263

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

191 Page 234, line 29, leave out subsections (2) and (3) and insert—

"(2)   This subsection requires the provider of the channel to have regard to the annual report of OFCOM under subsection (3) in preparing the statement.

(3)   OFCOM shall, within a period of eighteen months after the coming into force of section 262 and subsequently at annual intervals, publish a report giving their opinion on the performance of the provider of every licensed public service channel in the carrying out, during the relevant period, of the proposals contained in the relevant statement of programme policy."

Clause 266

THE LORD HOLME OF CHELTENHAM
THE LORD LIPSEY
THE LORD McNALLY
THE BARONESS BUSCOMBE

192 Page 237, line 22, at end insert—

(   )   Such failure shall include, without exclusion of other public service responsibilities, a failure to provide such coverage of the proceedings of Parliament, and other elected legislatures within the United Kingdom, as is appropriate and necessary for civic understanding of their purpose and practices."

THE BARONESS HOWE OF IDLICOTE
THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY

193 Page 237, line 24, leave out from "serious" to "and" in line 25

Clause 267

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

194 Page 239, line 11, after "order" insert "(other than an order modifying the public service remit for any public service channel)"

Clause 61

THE VISCOUNT FALKLAND
THE LORD AVEBURY

195 Page 62, line 23, at end insert—

"(g)   any local digital television service,

(h)   any access radio service."

Clause 273

THE LORD ALLI
THE LORD LIPSEY
THE LORD McNALLY

196 Page 245, line 7, after "total" insert "annual budget allocated to the production and acquisition of qualifying programmes included in the channel, and not less than 25 per cent of the total"

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

197 Page 245, line 15, after "programmes" insert "which are made by independent producers"

198 Page 245, line 21, at end insert—

"(   )   a reference to an independent producer is a reference to a producer who is not an employee of a broadcasting company and which is not a body corporate deriving more than 33 per cent of its gross annual revenue from a related broadcaster; and

(   )   a reference to a "related broadcaster" is a reference to a broadcaster which is either wholly or partly owned by, or wholly or partly owns, a producer."

THE LORD ALLI
THE LORD LIPSEY
THE LORD McNALLY

199 Page 245, line 21, at end insert—

"(d)   the reference to the total annual budget is a reference to a budget of such description as the Secretary of State may by order specify as a description of the budget that she considers should be the budget for the purposes of that subsection"

Clause 274

THE VISCOUNT FALKLAND
THE LORD McNALLY

199A Page 247, line 6, at end insert—

"(   )   In determining appropriate proportions for the purposes of subsections (1) and (2), OFCOM shall have regard to the number of viewers of the public service channel in question."

After Clause 274

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

200 Insert the following new Clause—

   "Reviews of certain production and programme-making requirements

(1)   It shall be the duty of OFCOM from time to time to carry out general reviews of the arrangements for the time being in place under sections 273, 274, 281 and 283 and paragraphs 1, 7 and 8 of Schedule 12.

(2)   The first such review must be carried out no later than two years after the coming into force of section 273.

(3)   Every subsequent review must be carried out no more than three years after the previous one.

(4)   Every review under this section shall consider—

(a)   the revenue of each licensed public service channel; and

(b)   the audience share of each public service channel.

(5)   If, on a review under this section, OFCOM are satisfied that modifications are required of the arrangements for the time being in place under sections 273, 274, 281 and 283 and paragraphs 1, 7 and 8 of Schedule 12, they may—

(a)   require the relevant licensee or the BBC or S4C to give effect to the modifications proposed by OFCOM; or

(b)   in the case of arrangements imposed by OFCOM, make those modifications themselves."

THE VISCOUNT FALKLAND
THE LORD McNALLY

201 [Re-tabled as amendment 199A]

Clause 276

THE BARONESS BUSCOMBE
THE LORD McNALLY

202 Page 249, line 11, leave out paragraphs (a) and (b)

203 Page 250, line 3, at end insert—

"(   )   In this section "appointed new provider" means the body corporate appointed for the purposes of subsection (2) as the appointed provider."

Clause 277

THE BARONESS BUSCOMBE
THE LORD McNALLY

204 Page 250, line 6, leave out "repeal" and insert "modify"

205 Page 250, line 6, leave out "and section 32 of the 1990 Act"

After Clause 277

THE BARONESS BUSCOMBE
THE LORD McNALLY

206 Insert the following new Clause—

   "Repeal of existing nominated news provider regime

   Section 32 of the 1990 Act shall cease to have effect."

Clause 281

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

207 Page 253, line 1, leave out "suitable" and insert "substantial"

THE VISCOUNT FALKLAND
THE LORD McNALLY

208 Page 253, line 3, at beginning insert "the nations and regions of"

209 Page 253, line 3, leave out "outside the M25 area"

210 Page 253, line 4, after "in" insert "the nations and regions of"

211 Page 253, line 5, leave out "outside the M25 area"

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

212 Page 253, line 7, leave out "suitable" and insert "substantial"

THE VISCOUNT FALKLAND
THE LORD McNALLY

213 Page 253, line 9, after "in" insert "the nations and regions of"

214 Page 253, line 10, leave out "outside the M25 area"

215 Page 253, line 13, at end insert—

"(   )   In determining suitable proportions for the purpose of subsection (1), OFCOM shall have regard to the number of viewers of Channel 3."

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

216 Page 253, line 20, leave out "suitable" and insert "substantial"

THE VISCOUNT FALKLAND
THE LORD McNALLY

217 Page 253, line 22, after "in" insert "the nations and regions of"

218 Page 253, line 22, leave out "outside the M25 area"

219 Page 253, line 23, after "in" insert "the nations and regions of"

220 Page 253, line 24, leave out "outside the M25 area"

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

221 Page 253, line 26, leave out "suitable" and insert "substantial"

THE VISCOUNT FALKLAND
THE LORD McNALLY

222 Page 253, line 27, after "in" insert "the nations and regions of"

223 Page 253, line 29, leave out "outside the M25 area"

224 Page 253, line 33, at end insert—

"(   )   In determining suitable proportions for the purpose of subsection (1), OFCOM shall have regard to the number of viewers of Channel 5."

Clause 282

THE VISCOUNT FALKLAND
THE LORD McNALLY

225 Page 254, line 10, leave out "sufficient" and insert "substantial"

226 Page 254, line 16, leave out "suitable" and insert "substantial and significant"

227 Page 254, line 22, leave out "suitable" and insert "substantial and significant"

228 Page 254, line 30, leave out "sufficient" and insert "substantial"

229 Page 254, line 39, leave out "suitable" and insert "substantial and significant"

230 Page 254, line 45, leave out "suitable" and insert "substantial and significant"

231 Page 255, line 11, leave out "sufficient" and insert "substantial"

232 Page 255, line 17, leave out "suitable" and insert "substantial and significant"

233 Page 255, line 24, leave out "suitable" and insert "substantial and significant"

Clause 283

THE VISCOUNT FALKLAND
THE LORD McNALLY

234 Page 256, line 26, at end insert—

"(   )   In determining suitable proportions for the purpose of subsection (1), OFCOM shall have regard to the number of viewers of Channel 4."

After Clause 294

THE VISCOUNT FALKLAND
THE LORD McNALLY

235 Insert the following new Clause—

   "Exclusion of licensed betting offices from free public showing or playing of broadcast or cable programme

(1)   Section 72 of the Copyright, Designs and Patents Act 1988 (c. 48) (free public showing or playing of broadcast or cable programme) is amended as follows.

(2)   In subsection (2), after paragraph (b) there is inserted—

"(c)   if that place is a licensed betting office."

(3)   After subsection (4), there is inserted—

"(5)   In this section, "licensed betting office" means premises in respect of which a betting office licence, within the meaning of section 9 of the Betting, Gaming and Lotteries Act 1963 (c. 2) (betting office licences and betting agency permits), is for the time being in force.""