§ 7 Schedule 9, page 179, line 39, at end insert:
§ ("Provisions relating to DBS services
§ 4A.—(1) The following provisions of the 1981 Act, namely—
- (a) in section 2(2), paragraph (c) and in paragraph (b) the words "and a proper balance and wide range in their subject matter",
- (b) in section 4(1), paragraph (d) and so much of paragraph (b) as relates to the giving of a sufficient amount of time in the programmes to news and features,
- (c) section 20(2) (b) and (3),
- (d) section 22, and
- (e) section 24,
§ shall not have effect by virtue of paragraph 1(3) or 2(2) above in connection with the provision of DBS services by the Commission or (as the case may be) in relation to DBS contractors or their contracts.
§ (2) Every contract between the Commission and a DBS programme contractor shall contain all such provisions as the Commission think necessary or expedient to ensure that the financial and other arrangements for the provision of the satellite transponder are made by the contractor.
§ (3) For the purpose of enabling a DBS programme or teletext contractor to make charges for the reception of programmes provided by him or transmissions containing material so provided, the Commission may, notwithstanding anything in the 1981 Act as it has effect in accordance with this Part of this Schedule, broadcast the programmes or transmissions in such a form (whether scrambled, encoded or otherwise) as will prevent persons from receiving them unless they obtain from the contractor the means of doing so.
§ (4) Where under the power conferred by sub-paragraph (3) the Commission broadcast programmes or transmissions in such a form as is mentioned in that sub-paragraph, nothing in the 1981 Act (as it so has effect) shall be taken as requiring the Commission to permit advertisements to be included in the programmes or transmissions.
§ (5) Where any service falling within section 41(1) of this Act is provided during the interim period on any of the spare capacity within the frequencies on which any DBS services are provided by the Commission in accordance with this Part of this Schedule, that service is licensable under section 42 of this Act as a licensable programme service, and not otherwise; and in this sub-paragraph "spare capacity" has the same meaning as in Part I of this Act.")
§ The Commons agreed to the above amendment with the following amendment—
§ 7A Line 39, leave out from "(otherwise)" to end of line 40.1801
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 7A to Lords Amendment No. 7. This is a minor technical amendment necessary to correct the drafting of the original amendment.
Moved, That the House do agree with the Commons in their Amendment No. 7A to Lords Amendment No. 7.—(Earl Ferrers.)
§ On Question, Motion agreed to.