Moved by
Lord Parkinson of Whitley Bay
20: Clause 20, page 24, line 5, at end insert—
“(2AA) The conditions are—
(a) that the relevant service is provided by—
(i) the BBC or a person associated with the BBC otherwise than with a view to generating a profit,
(ii) the provider of a Channel 3 service, Channel 4 or Channel 5,
(iii) S4C, or
(iv) a person associated with a broadcaster mentioned in sub-paragraph (ii) or (iii);
(b) that, where it is provided by the BBC or a person associated with the BBC, the service contributes to the promotion of one or more of the BBC’s public purposes;
(c) that, where it is provided by a broadcaster referred to in paragraph (a)(ii) or (iii) or a person associated with such a broadcaster, the broadcaster’s latest statement of programme policy under—
(i) section 266 or 267 of the Communications Act 2003, or
(ii) paragraph 4 of Schedule 12 to that Act,
states that the service will be used to fulfil the public service remit for the Channel 3 service, Channel 4 or Channel 5 or (as the case may be) S4C’s public service remit.”
Member's explanatory statement
See the explanatory statement for my amendment to Clause 20 at page 24, line 3.
21: Clause 20, page 24, line 13, at end insert—
“(2C) Section 362AZ12(6) of the Communications Act 2003 (meaning of references to a person associated with a public service broadcaster) applies for the purposes of subsection (2AA) as it applies for the purposes of Part 3A of that Act.””
Member's explanatory statement
This amendment is consequential on my amendment to Clause 20 at page 24, line 5.
22: Clause 20, page 24, line 36, at end insert—
“(vii) it is not a service of the kind described in section 362AA(10)(c) of the Communications Act 2003 (internet programme services which provide programmes by means of an on-demand programme service or non-UK on-demand programme service and at least one other service).”
Member's explanatory statement
This amendment secures that “relevant service” does not include a service falling within section 362AA(10)(c) of the Communications Act 2003, inserted by Clause 28 (multi-service internet programme services that contain at least one relevant service).