division_name: Communications Bill
motion: <p pid="a.924.2/2" pwmotiontext="notmoved">[Amendments Nos. 190 to 192 not moved.]</p>
  
  <p pid="a.924.3/1" pwmotiontext="moved">moved Amendment No. 193:</p>
  
  <p class="indent" pid="a.924.3/2" pwmotiontext="moved">Before Clause 340, insert the following new clause&#8212;</p>
  
  <p pid="a.924.3/3" pwmotiontext="moved">"INTERIM RETENTION OF CERTAIN RESTRICTIONS ON NON-EEA OWNERSHIP</p>
  
  <p pid="a.924.3/4" pwmotiontext="moved">(1) For paragraph 1(2) and (3) of Part 2 of Schedule 2 to the 1990 Act, there shall be substituted&#8212;</p>
  
  <p pid="a.924.3/5" pwmotiontext="moved">"(2) Sub-paragraph (1) shall apply in relation to any Broadcasting Act licence other than a licence to provide a Channel 3 service and a Channel 5 licence as if paragraphs (a) and (b) (and the reference to those paragraphs in paragraph (i)) were omitted."</p>
  
  <p pid="a.924.3/6" pwmotiontext="moved">(2) OFCOM shall carry out the initial review for the purposes of this section within a year of the coming into force of this section.</p>
  
  <p pid="a.924.3/7" pwmotiontext="moved">(3) OFCOM may carry out a subsequent review for the purposes of this section at any time during the period which commences a year after the completion of the initial review under subsection (2) and which concludes with the coming into force of the order made under subsection (7).</p>
  
  <p pid="a.924.3/8" pwmotiontext="moved">(4) A review under this section shall consider whether, in the opinion of OFCOM&#8212;</p>
  
  <p pid="a.924.3/9" pwmotiontext="moved">(a) the provisions of section 273, 274 and 280 to 284 are operating in such a manner as to provide for a fair and transparent programme supply market with respect to Channels 3 and 5;</p>
  
  <p pid="a.924.3/10" pwmotiontext="moved">(b) the relevant provisions of Chapter 4 of this Part are operating in such a manner as to provide for effective content regulation of Channel 3 and Channel 5 services;</p>
  
  <p pid="a.924.3/11" pwmotiontext="moved">(c) the provisions of sections 260 to 267 are operating in such a manner as to provide for a continuing significant contribution by Channel 3 and Channel 5 services towards the achievement of the purposes of public service television broadcasting in the United Kingdom specified in section 260;</p>
  
  <p pid="a.924.3/12" pwmotiontext="moved">(d) the provisions of sections 344 to 349 provide adequate additional safeguards in case of change of control of Channel 3 services or Channel 5; and</p>
  
  <p pid="a.924.3/13" pwmotiontext="moved">(e) the powers available to OFCOM under the Competition Act 1998 (c. 41), Part 4 of the Enterprise Act 2002 (c. 40) and sections 309 to 311 of this Act are adequate to promote effective competition in the broadcasting market in the United Kingdom.</p>
  
  <p pid="a.924.3/14" pwmotiontext="moved">(5) When, as a result of a review carried out in accordance with subsections (2) or (3), OFCOM consider that each condition specified in subsection (4) has been met, they shall make a report to that effect to the Secretary of State, giving reasons.</p>
  
  <p pid="a.924.3/15" pwmotiontext="moved">(6) The Secretary of State shall lay any report made to him under subsection (5) before Parliament.</p>
  
  <p pid="a.924.3/16" pwmotiontext="moved">(7) When a report has been laid before Parliament in accordance with subsection (6), the Secretary of State may by order repeal paragraph 1(1)(a) and (b) of Part 2 of Schedule 2 to the 1990 Act and make such consequential amendments to that Part of that Schedule or to other provisions of that Act or this Act as he thinks fit.</p>
  
  <p pid="a.924.3/17" pwmotiontext="moved">(8) No order is to be made containing provision authorised by subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."</p>
  
  <p pid="a.939.3/1" pwmotiontext="considered">On Question, Whether the said amendment (No. 193) shall be agreed to?</p>
  
  <p pid="a.939.3/2" pwmotiontext="divided">Their Lordships divided: Contents, 116; Not-Contents, 127.</p>