Moved by
Lord Parkinson of Whitley Bay
252A: Schedule 12, page 228, line 4, at end insert—
“(4A) The power to observe the carrying on of the regulated service at the premises includes the power to view, using equipment or a device on the premises, information generated in real time by the performance of a test or demonstration required by a notice given under paragraph 3.”
Member’s explanatory statement
This amendment ensures that during an inspection of a service, OFCOM have the power to observe a test or demonstration of which notice has been given.
252B: Schedule 12, page 228, line 7, leave out from “paragraph” to “is” in line 9 and insert “only so far as”
Member’s explanatory statement
This is a technical amendment consequential on the preceding amendment in my name.
252C: Schedule 12, page 228, line 15, leave out “or relevant documents to be produced,” and insert “relevant documents to be produced, or a relevant test or demonstration to be performed,”
Member’s explanatory statement
This amendment, and the next two amendments in my name, concern OFCOM giving advance notice to a provider that they will want to observe a test or demonstration during an inspection.
252D: Schedule 12, page 228, line 19, leave out “documents are “relevant” if they are” and insert “a document, test or demonstration is “relevant” if it is”
Member’s explanatory statement
See the explanatory statement to the preceding amendment in my name.
252E: Schedule 12, page 228, line 23, leave out “or the documents to be produced,” and insert “the documents to be produced, or the test or demonstration to be performed,”
Member’s explanatory statement
See the explanatory statement to the preceding amendment in my name.
252F: Schedule 12, page 229, line 3, at end insert—
“(da) to assist an authorised person to view, using equipment or a device on the premises, information demonstrating in real time the operation of systems, processes or features of a specified description, including functionalities or algorithms of a specified description;
“(db) to assist an authorised person to view, using equipment or a device on the premises, information generated in real time by the performance of a test or demonstration of a specified description;”
Member’s explanatory statement
This amendment makes it clear that the powers of OFCOM during an audit of a service extend to using equipment on the premises to view real time information showing the operation of the service or the performance of a test or demonstration, if specified in advance in the audit notice.
252G: Schedule 12, page 233, line 38, leave out paragraph (ii)
Member’s explanatory statement
This is a drafting change removing a redundant paragraph from the Bill.