HL Deb 30 October 1990 vol 522 cc1797-9

5 Clause 122, page 98, line 21, leave out subsection (2) and insert:

("(2) The programmes provided by a programme contractor under his contract for inclusion in any broadcasting service provided by the Commission or the Radio Authority in accordance with Part II or III of Schedule 9 shall not be transmitted by, or under arrangements made by, the Commission or the Radio Authority (as the case may be) but shall be transmitted —

  1. (a) by the nominated company in pursuance of a contract made between that company and the programme contractor in accordance with section (Variation of programme contracts to take account of new transmission arrangements), or
  2. (b) under arrangements made in accordance with subsection (3) (a) of that section in a case where any such contract made between a DBS programme contractor and that company is terminated by the contractor as mentioned in that provision.

(3) The programmes broadcast on Channel 4 and S4C respectively during the interim period in accordance with Part II of Schedule 9 shall not be transmitted by, or under arrangements made by, the Commission but shall be transmitted by the nominated company—.

  1. (a) in the case of the programmes broadcast on Channel 4, in pursuance of such a contract made between that company and the Channel 4 company as is mentioned in subsection (4), and
  2. (b) in the case of the programmes broadcast on S4C, in pursuance of such a contract made between the nominated company and the Welsh Authority as is mentioned in subsection (6).

(4) The contract referred to in subsection (3) (a) is a contract which makes provision for and in connection with the transmission by the nominated company during the interim period of the programmes to be broadcast on Channel 4 during that period, and in particular makes provision—

  1. (a) for specified standards relating to technical quality, coverage and reliability to be attained in connection with the transmission of those programmes by that company; and
  2. (b) for the transmission of those programmes to be suspended, if the Commission so direct in circumstances falling within subsection (5), for such period, or in the case of such programme or programmes, as they may specify.

(5) The circumstances referred to in subsection (4) (b) are circumstances where the Commission consider it necessary to require the transmission of the programmes in question to be suspended in order for them to comply, or secure compliance, with the provisions of the Broadcasting Act 1981 (as it has effect in accordance with Part II of Schedule 9 to this Act) or with any restriction or requirement imposed thereunder.

(6) The contract referred to in subsection (3) (b) is a contract which makes provision for and in connection with the transmission by the nominated company during the interim period of the programmes to be broadcast on S4C during that period, and in particular makes provision for specified standards relating to technical quality, coverage and reliability to be attained in connection with the transmission of those programmes by that company.

(7) In the following provisions, namely—

  1. (a) Parts II and III of Schedule 9 to this Act, and
  2. (b) any provision of the Broadcasting Act 1981 which is to be construed as referring to the Commission or to the Radio Authority by virtue of either of those Parts of that Schedule,

any reference (however expressed) to the broadcasting of programmes, or to programmes broadcast, by the Commission or the Radio Authority shall, in consequence of subsections (2) and (3) above, be read as a reference to the broadcasting of programmes, or to programmes broadcast, by that body whether the transmission of the programmes is undertaken (according to the circumstances of the case)—

  1. (i) by, or under arrangements made by, that body, or
  2. (ii) by the nominated company in pursuance of any such contract as is referred to in either of those subsections or subsection (6), or
  3. (iii) under any such arrangements as are referred to in subsection (2) (b);
and those Parts of that Schedule contain other modifications of provisions of that Act which are consequential on those subsections.

(8) This section and section (Variation of programme contracts to take account of new transmission arrangements) shall have effect in relation to any teletext service provided by the Commission in accordance with Part II of Schedule 9 as if—

  1. (a) any reference to a programme or television programme were a reference to a teletext transmission; and
  2. (b) any reference to a programme contractor were a reference to a teletext contractor.

(9) This section and section (Variation of programme contracts to take account of new transmission arrangements) shall, in so far as they apply to the transmission of the programmes provided by a DBS programme contractor under his contract for inclusion in any DBS service provided by the Commission in accordance with Part II of Schedule 9, be construed as applying only to the carrying on of such activities in connection with the transmission of those programmes as were being so carried on by the IBA immediately before the transfer date.

(10) In this section—

(11) The reference in subsection (4) or (6) to specified standards is a reference to such standards as the IBA shall specify for the purposes of that subsection before the transfer date.")

The Commons agreed to the above amendment with the following amendment—

5A Line 66, leave out "(or subsection (6))"

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 5A to Lords Amendment No. 5.

This is a minor technical amendment to correct a defect in the original drafting of the amendment.

Moved, That the House do agree with the Commons in their Amendment No. 5A to Lords Amendment No. 5.—(Earl Ferrers.)

On Question, Motion agreed to.