HL Deb 18 July 1996 vol 574 cc1137-40

282A Page 45, line 5, leave out ("in relation to his additional services licence").

Lord Inglewood

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 282, and do propose the above consequential amendment to the Bill.

Moved, That the House do agree with the Commons in their Amendment No. 282, as amended by Amendment No. 282A.—(Lord Inglewood.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

283 Schedule 7, page 128, line 9, at end insert—

'. In paragraph 2(1) of Schedule 1 to the 1990 Act (persons disqualified for membership of the Independent Television Commission), for paragraphs (c) and (d) there is substituted—

"or

(c) a member or employee of the Broadcasting Standards Commission."'.

284 Page 128, line 9, at end insert—

'. In paragraph 2(1) of Schedule 3 to the 1990 Act (persons disqualified for membership of the Channel Four Television Corporation), for paragraphs (d) and (e) there is substituted—

"or

(d) a member or employee of the Broadcasting Standards Commission."'.

285 Page 128, line 9, at end insert—

'. In paragraph 2(1) of Schedule 6 to the 1990 Act (persons disqualified for membership of the Welsh Authority), for paragraphs (b) and (c) there is substituted—

"or

(b) a member or employee of the Broadcasting Standards Commission."'.

286 Page 128, line 9, at end insert—

'. In paragraph 2(1) of Schedule 8 to the 1990 Act (persons disqualified for membership of the Radio Authority), for paragraphs (d) and (e) there is substituted—

"or

(d) a member or employee of the Broadcasting Standards Commission." '.

287 Page 128, line 22, at end insert—

'PART III

AMENDMENTS OF OTHER ENACTMENTS

The Welsh Development Agency Act 1975 (c. 70)

15. In section 19 of the Welsh Development Agency Act 1975 (the Agency and the media) in subsection (11)—

  1. (a) in the definition of "the appropriate authority"—
    1. (i) in paragraph (a), after "Act 1990" there is inserted "or Part I of the Broadcasting Act 1996", and
    2. (ii) in paragraph (b), for "that Act" there is substituted "the Broadcasting Act 1990 or Part II of the Broadcasting Act 1996", and
    1138
  2. (b) in the definition of "relevant licence" for "(as the case may be) Part III of that Act" there is substituted "III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996.")

The Representation of the People Act 1983 (c. 2)

16. In section 75 of the Representation of the People Act 1983 (prohibition of expenses not authorised by election agent), in subsection (1)(i) after "Broadcasting Act 1990" there is inserted "or Part I or II of the Broadcasting Act 1996".

17. In section 93 of the Representation of the People Act 1983 (broadcasting during elections), in subsection (1), for the paragraphs (a) and (b) inserted by paragraph 35(4)(a) of Schedule 20 to the 1990 Act there is substituted—

  1. "(i) broadcast by the British Broadcasting Corporation or Sianel Pedwar Cymru, or
  2. (ii) included in any service licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996".

18. Without prejudice to the generality of section 20(2) of the Interpretation Act 1978, any reference in paragraph 16 or 17 to a provision of the Representation of the People Act 1983 includes a reference to that provision as applied by any regulations made under paragraph 2 of Schedule 1 to the European Parliamentary Elections Act 1978.

The Copyright, Designs and Patents Act 1988 (c. 48)

19. In section 69 of the Copyright, Designs and Patents Act 1988 (recording for purposes of supervision and control of broadcasts and cable programmes), for subsections (2) and (3) there is substituted—

"(2) Copyright is not infringed by anything done in pursuance of—

  1. (a) section 11(1), 95(1) or 167(1) of the Broadcasting Act 1990 or section 95(4) or (6), 96(5) or 97 of the Broadcasting Act 1996;
  2. (b) a condition which, by virtue of section 11(2) or 95(2) of the Broadcasting Act 1990, is included in a licence granted under Part I or III of that Act or Part I or II of the Broadcasting Act 1996; or
  3. (c) a direction given under section 109(2) of the Broadcasting Act 1990 (power of Radio Authority to require production of recordings etc).

(3) Copyright is not infringed by—

  1. (a) the use by the Independent Television Commission or the Radio Authority, in connection with the performance of any of their functions under the Broadcasting Act 1990 or the Broadcasting Act 1996, of any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or
  2. (b) the use by the Broadcasting Standards Commission, in connection with any complaint made to them under the Broadcasting Act 1996, of any recording or transcript requested or required to be provided to them, and so provided, under section 95(4) or (6) or 96(5) of that Act."

20. In Schedule 2 to the Copyright, Designs and Patents Act 1988 (rights in performances: permitted acts), in paragraph 17 for sub-paragraphs (2) and (3) there is substituted—

"(2) The rights conferred by Part II are not infringed by anything done in pursuance of—

  1. (a) section 11(1), 95(1) or 167(1) of the Broadcasting Act 1990 or section 95(4) or (6), 96(5) or 97 of the Broadcasting Act 1996;
  2. (b) a condition which, by virtue of section 11(2) or 95(2) of the Broadcasting Act 1990, is included in a licence granted under Part I or III of that Act or Part I or II of the Broadcasting Act 1996; or
    3. 1139
  3. (c) a direction given under section 109(2) of the Broadcasting Act 1990 (power of Radio Authority to require production of recordings etc).

(3) The rights conferred by Part II are not infringed by—

  1. (a) the use by the Independent Television Commission or the Radio Authority, in connection with the performance of any of their functions under the Broadcasting Act 1990 or the Broadcasting Act 1996, of any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or
  2. (b) the use by the Broadcasting Standards Commission, in connection with any complaint made to them under the Broadcasting Act 1996, of any recording or transcript requested or required to be provided to them, and so provided, under section 95(4) or (6) or 96(5) of that Act." '.

288 Schedule 8, page 128, line 24, at end insert—

'PART I

ENACTMENTS REPEALED'.

289 Page 128, line 45, column 3, at end insert—

'In section 32, in subsection (9), paragraph (b) and the word "and" immediately preceding it, in subsection (10) the words from 'and for this purpose' onwards and in subsection (13)(a), the word "and".'

290 Page 128, line 47, column 3, at end insert—

'In section 72(2)(d), the word "and".'.

291 Page 129, line 1, column 3, at end insert—

("Section 104(5) and (6)(a).")

292 Page 129, line 9, column 3, leave out 'paragraph 1(4)' and insert—

'paragraphs 1(4) and 2(2) and (3)'.

293 Page 129, line 11, column 3, at end insert—

'and paragraph 5(c) and (d)'.

294 Page 129, line 13, column 3, at end insert—

'In Schedule 20, paragraph 50.'

295 Page 129, line 13, at end insert—

'PART II

SUBORDINATE LEGISLATION REVOKED

Number Title Extent of revocation
S.I. 1991/1176. The Bro adcasting (Restrictions on the Holding of Licences) Order 1991. Article 2, and Parts II, III and IV.
S.I. 1991/1246. The Cable (Excepted Programmes) Order 1991. The whole order.
S.I. 1993/3199. The Bro adcasting (Restrictions on the Holding of Licences) (Amendment) Order 1993. The whole order.
S.I. 1995/1924. The Bro adcasting (Restrictions on the Holding of Licences) (Amendment) Order 1995. The whole order.

296 In the Title, line 6, after 'interest' insert 'to amend in other respects the law relating to the provision of television and sound programme services'.

Lord Inglewood

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 283 to 296. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 283 to 296.—(Lord Inglewood.)

On Question, Motion agreed to.