HC Deb 09 May 1990 vol 172 cc303-4

Amendments made: No. 392, in page 25, line 41, leave out subsection (1) and insert—

`(1) With a view to securing that, at the commencement of section 29(2), there is at least one body corporate nominated under this section as a nominated news provider, the Commission shall, before the commencement of that provision, invite bodies corporate appearing to them to be qualified for nomination to make applications to be so nominated.

(1A) Where a body corporate—

  1. (a) applies to the Commission (whether before or after the commencement of section 29(2)) to be nominated under this section as a nominated news provider, and
  2. (b) appears to the Commission to be qualified for nomination,
the Commission shall so nominate that body unless they are satisfied that to do so would be likely, in view of the number of bodies already so nominated, to be prejudicial to the provision of high quality news programmes for broadcasting in regional Channel 3 services (taken as a whole).'.

No. 393, in page 26, line 8, leave out 'subsection (1)' and insert 'this section'.

No. 394, in page 26, line 11, leave out subsection (3) and insert— '(3) Where the Commission have refused to nominate a body corporate under this section on the ground that they are satisfied as mentioned in subsection (1A), the Commisslion shall from time to time thereafter, at such intervals as they may determine, review the performance as nominated news providers of all of the bodies for the time being nominated under this section; and if on any such review they are satisfied, in the case of such body so nominated as they may determine, that another body corporate which—

  1. (a) is not a nominated news provider, but
  2. (b) appears to them to be qualified for nomination,
would offer a better service than the first-mentioned body as respects the provision of high quality news programmes for broadcasting in regional Channel 3 services, they shall (subject to subsection (5)) by notice terminate that body's nomination, and shall nominate the other body under this section in its place.'.

No. 395, in page 26, line 28, leave out from 'If' to end of line 29 and insert 'at any time the Commission—'.

No. 396, in page 26, line 33, leave out from 'that' to end of line 39 and insert `to terminate that body's nomination would not be prejudicial to the provision of high quality news programmes for broadcasting in regional Channel 3 services (taken as a whole),'.

No. 397, in page 26, line 41, leave out from `nomination' to end of line 42.

No. 398, in page 26, line 45, leave out 'matters complained of' and insert `proposed termination of its nomination'.

No. 399, in page 26, line 46, at end insert— '(5A) Before nominating or terminating the nomination of, any body under this section the Commission shall consult every person who is the holder of a licence to provide a regional Channel 3 service.'.

No. 400, in page 27, line 1, leave out 'subsection (1)' and insert 'this section'.

No. 401, in page 27, line 17, leave out 'Channel 3 licences' and insert 'licences to provide regional Channel 3 services'.

No. 402, in page 27, line 21, leave out subsection (8) and insert— '(8) Any limit imposed in accordance with subsection (7)(a) shall have effect in relation to a particular participant as if he and every person connected with him were one person; and for this purpose the following persons shall be treated as connected with a particular participant, namely—

  1. (a) a person who controls the participant;
  2. (b) an associate of the participant or of a person falling within paragraph (a); and
  3. (c) a body which is controlled by the participant or by any associate of the participant.'.

No. 403, in page 27, line 28, at end insert— '(9A) A body corporate shall be disqualified for being nominated under this section if, by virtue of any provision in Part II of Schedule 2, it would be a disqualified person in relation to any description of licence granted by the Commission; and any reference in this section to a body corporate appearing to the Commission to be qualified for nomination is a reference to a body corporate appearing to them to be both—

  1. (a) effectively equipped and adequately financed to provide high quality news programmes for broadcasting in regional Channel 3 services; and
  2. (b) not disqualified for being nominated under this section by virtue of this subsection.'.

No. 404, in page 27, line 29, after '(10)% insert 'In this section—

  1. (a) references to a nominated news provider are references to a body corporate for the time being nominated under this section; and
  2. (b) references to nomination under this section are references to nomination under this section for the purposes of section 29(2);
and'.—[Mr. Mellor.]

Forward to