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back to previous amendments
| 226 | Page 21, line 10, leave out "may" and insert "must" |
| 227 | Page 21, line 17, after "for" insert "any of" |
| 228 | Page 21, leave out lines 21 and 22 |
| 229 | Page 21, line 33, leave out "or a county court" |
| | Lord Lucas gives notice of his intention to oppose the Question that Clause 19 stand part of the Bill. |
| 230 | Page 22, line 25, at end insert— |
| (a) | in England and Wales, the High Court or a county court, |
| (b) | in Scotland, the Court of Session or the sheriff, and |
| (c) | in Northern Ireland, the High Court;" |
| 231 | Page 23, leave out lines 5 to 8 |
| | BARONESS HOWE OF IDLICOTE |
| 232 | Page 23, line 27, after "perspectives" insert "on UK society and on the world" |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 22 stand part of the Bill. |
| 233 | Insert the following new Clause— |
| | "Repeal of Statements of Programme Policy |
| | Section 266 of the Communications Act 2003 (statements of programme policy) is repealed." |
| 234 | Page 32, line 6, at end insert— |
| "( ) | conditions requiring the appointed person to comply with the due impartiality provisions of section 319(2) of the Communications Act 2003." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 28 stand part of the Bill. |
| 235 | Insert the following new Clause— |
| | "News: increased penalty for contravention of due impartiality rule |
| | Notwithstanding any statutory provision or rule of law to the contrary, the maximum fine for failure to comply with a direction given by OFCOM in respect of the objective that news included in television or radio services is presented with due impartiality, in accordance with section 319(2)(c) of the Communications Act 2003, is increased to £500,000." |
| 236 | Page 33, line 17, after "to" insert "— |
| 237 | Page 33, line 19, at end insert "; and |
| ( ) | the needs of local and community radio stations; and |
| ( ) | the needs of analogue radio listeners." |
| 238 | Page 33, line 19, at end insert— |
| "(2A) | The Secretary of State may not nominate a date for switchover— |
| (a) | unless it can be established that all local commercial radio stations will have the opportunity to move to digital audio broadcasting, |
| (b) | until the proportion of homes in each of the four nations of the UK able to receive— |
| (i) | national BBC services, |
| (ii) | national commercial radio services, |
| (iii) | local BBC services, and |
| (iv) | local commercial radio services, |
| | via digital audio broadcasting is equal to the proportion able to receive them via analogue broadcasting, |
| (c) | until digital audio broadcasting accounts for at least 67 per cent of all radio listening, and |
| (d) | until digital audio broadcasting receivers are installed in 50 per cent of private and commercial vehicles." |
| 239 | Page 33, leave out line 21 and insert— |
| "( ) | must ensure that all commercial and BBC radio services broadcasting in the UK have the opportunity to switchover on the same date," |
| 240 | Page 33, line 33, at end insert— |
| "97AA | Disposal and recycling of domestic analogue radios |
| (1) | Following a decision to give notice to OFCOM under section 97A of a date for digital switchover, the Secretary of State must devise a scheme for the disposal and recycling of domestically owned analogue radios. |
| (2) | The scheme must include provision for a financial incentive for domestic owners of analogue radios to purchase a radio suitable for digital audio broadcasting following disposal and recycling of their analogue radios. |
| (3) | The financial incentive must be based on any profit made from the disposal and recycling of analogue radios and must not be derived from public funds." |
| 241 | Page 34, line 1, leave out "2" and insert "4" |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill. |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill. |
| 242 | Page 42, line 38, at end insert— |
| "( ) | In section 400 of the Communications Act 2003 (destination of licence fees and penalties), in subsection (1)(d), after "42" insert "or 43A"." |
| 243 | Insert the following new Clause— |
| | "Electromagnetic spectrum: access for European emergency service |
| 3 | (1) OFCOM must set aside a spectrum band or bands amounting to not less than 15 MHz in total and lying within that part of the spectrum that is expected, under Council recommendation 10141/09 or subsequent proposals, to be agreed upon for the extension of European emergency service access. |
| 9 | (2) OFCOM may not release any of the spectrum so set aside unless it sets aside equivalent spectrum, or determines after due consultation that the emergency services have no reasonable likelihood of requiring the spectrum to be released." |
| | [Amendments 244 and 245 are amendments to amendment 243] |
| 244 | Line 3, leave out "amounting to" and insert "commensurate with the requirements of the UK critical national infrastructure in addition to spectrum" |
| 245 | Line 9, after "that" insert "such spectrum for the critical national infrastructure or" |
| | BARONESS HOWE OF IDLICOTE |
| 246 | Page 43, line 9, at end insert— |
| (a) | in paragraph (b), for "mutilation or torture of, or other acts of gross" substitute "graphic"; |
| (b) | in paragraph (c), after "organs" insert "anus, breasts or buttocks"; |
| (i) | after "offences" insert— |
| "(e) | dangerous behaviour; |
| (f) | racist, homophobic or other discriminatory language"; |
| (ii) | after "paragraph (b)" insert ", (e) or (f)"." |
| 247 | Page 43, leave out lines 41 to 44 |
| | BARONESS HOWE OF IDLICOTE |
| 248 | Page 44, line 42, at end insert— |
| "( ) | Where there are two designated authorities, the video games authority must allocate to the video works authority— |
| (a) | if the primary purpose is not gaming; or |
| (b) | if the video game is likely to be rated R18." |
| 249 | Page 45, leave out lines 17 to 19 |
| 250 | Page 45, leave out lines 21 to 23 |
| | BARONESS HOWE OF IDLICOTE |
| 251 | Page 45, leave out lines 21 to 41 and insert— |
| | "Where there are two designated authorities, in the event that a video game includes one or more video works which are not video games, responsibility for making arrangements for determining whether such a video work is suitable for the issue of a classification certificate or for the issue of a classification certificate of a particular description falls with— |
| (a) | the video works authority for any video work included in the video game; |
| (b) | the video games authority for the rest of the video game." |
| 252 | Page 52, line 10, leave out sub-paragraphs (3) and (4) |
| 253 | Page 52, line 15, leave out sub-paragraph (4) |
| 254 | Page 52, line 19, leave out sub-paragraph (5) |
| 255 | Page 53, line 14, leave out paragraph 4 |
| 256 | Page 46, line 8, leave out "or other person" |
| 257 | Page 46, line 11, leave out "in favour of any person" |
| 258 | Page 46, line 13, after "another" insert "authorised licensing body or the copyright owner" |
| 259 | Page 46, line 13, leave out "person" |
| 260 | Page 46, line 14, leave out "may" and insert "shall" |
| 261 | Page 46, line 16, after "of" insert "reasonable" |
| 262 | Page 46, line 17, after first "the" insert "minimum" |
| 263 | Page 46, line 19, leave out "(as bona vacantia or otherwise)" and insert "in accordance with a scheme of distribution approved by the copyright owners represented by the licensing body" |
| 264 | Page 46, line 21, leave out "may" and insert "shall" |
| 265 | Page 46, line 21, leave out "determining the rights and obligations of any person" and insert "the licensing body to indemnify the licensee against any liability incurred by him by reason of his having infringed copyright by doing any act authorised by the licence" |
| 266 | Page 46, line 22, at end insert "and for providing maxima in respect of the period during which any claim by a returning copyright owner of an orphan work may be brought and the damages or other remedies that may be sought for any infringement" |
| 267 | Page 46, line 23, leave out "may" and insert "shall" |
| 268 | Page 46, line 24, leave out "person's" and insert "licensing body" |
| 269 | Page 46, line 26, leave out "a work as or as ceasing to be" and insert "— |
| (a) | a licensing body shall mean a body managing rights of the same category as the rights to be licensed and being a body owned or controlled by, and genuinely representative of, the copyright owners of the same type of works as the works being licensed; and |
| 270 | Page 46, line 26, at end insert "shall mean a work in which copyright subsists and where the copyright owner (or, where there is more than one owner of a copyright in the work, at least one of those copyright owners) remains unidentified or untraceable following diligent searches in accordance with subsection (7) and a reference to a work ceasing to be an orphan work shall be construed accordingly" |
| 271 | Page 46, leave out lines 27 and 28 |
| 272 | Page 46, line 29, leave out from "(6)" to end of line 30 and insert "shall require the person seeking a licence to have searched for the copyright owner with all due diligence and in accordance with best practice for the class of orphan work in question before applying for or being granted a licence (or both)" |
| 273 | Page 46, line 30, at end insert "representing both public and private interests" |
| 274 | Page 46, line 34, at end insert "licensing" |
| 275 | Page 46, line 35, after "the" insert "licensing" |
| 276 | Page 46, line 35, at end insert— |
| "( ) | The Secretary of State may only authorise a licensing body under subsection (1) if the licensing body has adopted a code of practice under Schedule A1." |
| 277 | Page 46, leave out line 37 |
| 278 | Page 46, leave out lines 38 and 39 |
| 279 | Page 46, line 38, after "rights" insert "specifically" |
| 280 | Page 46, line 39, at end insert ", or |
| ( ) | in respect of works other than orphan works, unless the Secretary of State has consulted, to the extent practicable, the copyright owners appearing to the Secretary of State to be likely to be affected" |
| 281 | Page 46, line 41, leave out "and (c)" |
| 282 | Page 46, line 42, at end insert— |
| "( ) | The Secretary of State must, within one year of the day on which the Digital Economy Act 2010 is passed, bring forward proposals under this section in respect of music, film and broadcast works in electronic form." |
| 283 | Page 47, leave out line 13 |
| 284 | Page 47, line 23, at end insert— |
| "116E | Registry of copyright |
| (1) | OFCOM shall maintain on the web a registry of other websites where copyright material may be located. |
| (2) | OFCOM shall, at the request of the website owner, add a website to the registry if that website complies with OFCOM's rules for such additions as are then in force. |
| (3) | The rules under subsection (2) shall require— |
| (a) | that each copyright work on the site may be readily identified from information openly provided on that site, |
| (b) | that accurate and complete information on how to licence each copyright work is provided on that site, |
| (c) | that each copyright work on that site is available for licence, and that there are arrangements in place for binding arbitration of disputes relating to the extent or the cost of a licence, |
| (d) | that the architecture of the site allows the search facilities that OFCOM provides under subsection (4) full access. |
| (4) | OFCOM shall maintain, and may charge for the use of, facilities to enable a user to establish whether a copyright work of a given description exists in any of the websites listed on the registry maintained under this section, and to provide a certificate of what such works exist or that no such work is to be found. |
| (5) | No claim may be made under section 116A that a work is an orphan work if a certificate under subsection (4) has not beeen obtained."" |
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