Digital Switchover (Disclosure of Information) Bill
REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Instruction of 7th November 2005, as follows—
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Page 1, line 13, at end insert— |
| "( ) | A local authority may, at the request of a relevant person, supply a relevant person with dwelling information for use (by the person to whom it is supplied or another relevant person) in connection with switchover help functions." |
| | VISCOUNT ASTOR
LORD FOWLER |
| 2 | Page 1, line 13, at end insert— |
| "( ) | A report shall be laid before Parliament detailing the likely expenditure which the Secretary of State has calculated will be incurred by— |
| (a) | the Secretary of State, |
| (b) | the Northern Ireland Department, and |
| | in supplying information under this Act." |
| | LORD CLEMENT-JONES
BARONESS BONHAM-CARTER OF YARNBURY |
| 3 | Page 1, line 15, leave out paragraph (a) |
| 4 | Page 1, leave out line 16 |
| 5 | Page 1, line 17, leave out sub-paragraph (i) |
| 6 | Page 1, line 19, leave out "the BBC or" |
| 7 | Page 2, line 1, leave out paragraph (c) and insert— |
| "(c) | the person or persons duly appointed to manage and operate the switchover help scheme." |
| 8 | Page 2, line 6, after "persons" insert ", including persons who have moved to a specified region that has completed the digital switchover scheme from a specified region that has not completed the digital switchover scheme," |
| | VISCOUNT ASTOR
LORD HOWARD OF RISING |
| 9 | Page 2, line 10, at end insert— |
| "( ) | The National Audit Office shall publish an annual report on the expenditure incurred in the course of disclosing information under this Act." |
| 10 | Page 2, line 10, at end insert— |
| "(6) | On request from the National Audit Office, the BBC must make available to the National Audit Office its accounts relating to all expenditure incurred in the course of disclosing information under this Act. |
| (7) | The National Audit Office may request information in subsection (6) annually. |
| (8) | Following a disclosure from the BBC under subsection (6) the National Audit Office may publish a report." |
| 11 | Page 2, line 37, leave out from "section" to end of line 38 and insert ""information of a prescribed description" means information prescribed in Schedule 1" |
| 12 | Page 2, line 44, after "disclose" insert ", knowingly or recklessly," |
| | LORD CLEMENT-JONES
BARONESS BONHAM-CARTER OF YARNBURY |
| 13 | Page 3, line 21, leave out "a defence for a person charged with" and insert "not" |
| 14 | Page 3, line 21, leave out "prove that" and insert "disclose information without lawful authority if" |
| 15 | Page 3, line 22, leave out "he" and insert "the person charged" |
| 16 | Page 4, line 42, at end insert ", whether by digital terrestrial, digital satellite, digital cable or any other platform and regardless of provider" |
| | LORD CLEMENT-JONES
BARONESS BONHAM-CARTER OF YARNBURY |
| 17 | Insert the following new Clause— |
| | "Digital switchover scheme |
| | This Act shall not come into force before the digital switchover scheme is published and presented to both Houses of Parliament." |
| 18A* | Insert the following new Schedule— |
| | Provisions about information to be disclosed |
| | "relevant person" has the same meaning as in section 1; |
| | "recipient" means a recipient of help under the help scheme. |
| | Prescription of information |
| 2 | Information disclosed by the Secretary of State under sections 1 and 2 of this Act is confined to the kinds of information in paragraph 3 of this Schedule. |
| 3 | A relevant person must not disclose information that is not— |
| (a) | information described in section 2, |
| (b) | personal information about a recipient including— |
| (i) | his name and any alias, |
| (iv) | whether he lives in a care home, |
| (v) | whether the recipient is entitled to free assistance under the scheme, |
| (vi) | the fact that a recipient has died, where that is the case, |
| (c) | the name, alias and address of a person appointed to act on behalf of a recipient. |
| 4 | A relevant person in section 1 must ensure that information disclosed to him in connection with digital switchover help functions is destroyed on completion of the scheme." |
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