HC Deb 09 May 1990 vol 172 cc298-9

Amendments made: No. 383, in page 25, line 1, after `licence', insert 'which is in force at the commencement of the provision of Channel 5'.

No. 384, in line 5, after 'kept' insert '(being a request made before such date as is specified in the conditions)'.

No. 385, in line 7, leave out It' and insert 'the equipment'.

No. 386, in line 12, leave out 'the Commission may determine' and insert 'is specified in the conditions'.

No. 387, in line 15, at end insert— '(1A) Any such Channel 5 licence shall also include conditions requiring the holder of the licence to publicise, in such manner as may be approved by the Commission,. reformation with respect to—

  1. (a) the likelihood of different kinds of equipment suffering interference caused by the transmission of Channel 5;
  2. (b) the arrangements which the holder of the licence is required to make by virtue of conditions imposed in pursuance of subsection (1); and
  3. (c) the kinds of equipment in relation to which those arrangements are to be so made.'.

No. 388, in line 15, at end insert— `(1B) The holder of a Channel 5 licence shall not be required, by virtue of conditions imposed in pursuance of subsection (1), to make any such arrangements as are mentioned in that subsection in relation to any relevant equipment unless the equipment—

  1. (a) is, on the date of the making of such a request as is referred to in paragraph (a)(i) of that subsection, kept by the person in question wholly or mainly for domestic purposes, and
  2. (b) was so kept by that person on the commencement date (if that date occurred before the date mentioned in paragraph (a) above);
and, where any such equipment has been returned or otherwise modified in accordance with any such conditions, he holder of such a licence shall not be required by virtue of my such conditions to make arrangements on any subsequent occasion for the retuning or other modification of that equipment. (1C) Any dispute as to when the commencement date occurred in the case of any relevant equipment shall be determined by the Commission.'.

No. 389, in line 15, at end insert

`(1D) Where—

  1. (a) in accordance with section 26(2A), more than one Channel 5 licence is in force at the same time, and
  2. (b) each of the licences includes such conditions as are mentioned in subsections (1) and (1A),
the holders of the licences shall each comply with those conditions to such extent as the Commission may determine in relation to him.'.

No. 390, in page 25, line 16, leave out 'subsection (1)' and insert 'this section "the commencement date", in relation to any relevant equipment, means the date when Channel 5 began to be provided for reception in an area which includes the place where the equipment is kept on the date of the making of such a request as is referred to in subsection (1)(a)(i); and'.

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