Lords Amendment — 16 Jul 2003 at 16:50

130 Clause 340, page 295, line 10, leave out subsections (2) and (3) and insert-

"( ) Paragraph 2 of that Part (disqualification for religious bodies) shall cease to have effect." The Commons disagree to this amendment but propose the following amendments in lieu thereof-

130A Page 295, line 10, leave out subsections (2) and (3) and insert-

"( ) In sub-paragraph (1) of paragraph 2 of that Part (disqualification of religious bodies etc.), for the words before paragraph (a) there shall be substituted-

"2 (1) The following persons are disqualified persons in relation only to licences falling within sub-paragraph (1A)-" ( ) For sub-paragraphs (2) and (3) of that paragraph there shall be substituted-

"(1A) A licence falls within this sub-paragraph if it is-

(a) a Channel 3 licence;

(b) a Channel 5 licence;

(c) a national sound broadcasting licence;

(d) a public teletext licence;

(e) an additional television service licence;

(f) a television multiplex licence; or

(g) a radio multiplex licence. (1B) In this paragraph-

'additional television service licence' means a licence under Part 1 of this Act to provide an additional television service within the meaning of Part 3 of the Communications Act 2003;

'Channel 3 licence' and 'Channel 5 licence' each has the same meaning as in Part 1 of this Act;

'national sound broadcasting licence' means a licence to provide a sound broadcasting service (within the meaning of Part 3 of this Act) which is a national service (within the meaning of that Part);

'public teletext licence' means a licence to provide the public teletext service (within the meaning of Part 3 of the Communications Act 2003);

'radio multiplex licence' means a licence under Part 2 of the Broadcasting Act 1996 to provide a radio multiplex service within the meaning of that Part; and

'television multiplex licence' means a licence under Part 1 of the Broadcasting Act 1996 to provide a multiplex service within the meaning of that Part.""

130B Page 296, line 28, leave out "or 2A"

130C Page 296, line 29, leave out "or both of them"

130D Page 296, line 30, leave out "either or both of those paragraphs" and insert "that paragraph and any enactment referring to it."

130E Page 298, line 3, after "Act", insert "and requires approval for the holding of certain licences by religious bodies etc."

130F Page 436, line 3, at end insert-

"Part 3A

Religious bodies etc.

Approval required for religious bodies etc. to hold licences

1 (1) A person mentioned in paragraph 2(1) of Part 2 of Schedule 2 to the 1990 Act (religious bodies etc.) is not to hold a Broadcasting Act licence not mentioned in paragraph 2(1A) of that Part unless-

(a) OFCOM have made a determination in his case as respects a description of licences applicable to that licence; and

(b) that determination remains in force. (2) OFCOM are to make a determination under this paragraph in a person's case and as respects a particular description of licence if, and only if, they are satisfied that it is appropriate for that person to hold a licence of that description.

(3) OFCOM are not to make a determination under this paragraph except on an application made to them for the purpose.

(4) OFCOM must publish guidance for persons making applications to them under this paragraph as to the principles that they will apply when determining for the purposes of sub-paragraph (2) what is appropriate.

(5) OFCOM must have regard to guidance for the time being in force under sub-paragraph (4) when making determinations under this paragraph.

(6) OFCOM may revise any guidance under sub-paragraph (4) by publishing their revisions of it.

(7) The publication of guidance under sub-paragraph (4), or of any revisions of it, is to be in whatever manner OFCOM consider appropriate.

Power to amend Part 3A of Schedule

14B The Secretary of State may by order repeal or otherwise modify the restriction imposed by this Part of this Schedule."

130G Page 454, line 7, at end insert- "( ) In subsection (4), at the end there shall be inserted "and who would not be in contravention of the requirements imposed by or under Schedule 14 to the Communications Act 2003 if he held such a licence.""

130H Page 551, line 9, after "51", insert- "( ) Part 3A of Schedule 14 to this Act is to have effect-

(a) in relation to times before the television transfer date as if references to OFCOM were, in relation to licences under Part 1 of the 1990 Act or Part 1 of the 1996 Act, references to the ITC; and

(b) in relation to times before the radio transfer date as if references to OFCOM were, in relation to licences under Part 3 of the 1990 Act or Part 2 of the 1996 Act, references to the Radio Authority."

130I Page 551, line 10, leave out from "Act" to end of line 13 and insert "which is in force immediately before the commencement of Part 3A of Schedule 14 to this Act is to have effect on and after its commencement as a determination under paragraph 14A of that Schedule to this Act." 130J Page 551, line 16, leave out from first "of" to end of line 18 and insert "Part 3A of Schedule 14 to this Act is to have effect on and after its commencement as guidance published under paragraph 14A(4) of that Schedule to this Act." 130K Page 551, line 18, at end insert- "( ) Anything done under paragraph 14A of Schedule 14 by the ITC or the Radio Authority which is in force immediately before the relevant transfer date is to have effect on and after that date as if done under that paragraph by OFCOM." 130LPage 562, leave out line 32

rose to move, as an amendment to the Motion that the House do not insist on its Amendment No. 130 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 130A to 130L in lieu thereof, leave out from "House" to end and insert "do insist on its Amendment No. 130".

On Question, Whether the said amendment (No. 130M) shall be agreed to?

Their Lordships divided: Contents, 111; Not-Contents, 165.

Debate in Parliament | Historical Hansard | Source |