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Digital Economy Bill Digital Economy Bill [AS AMENDED ON REPORT] CONTENTS PART 1 ACCESS TO DIGITAL SERVICES 1 Universal service broadband obligations 2 General conditions: switching communications provider 3 Bill limits for mobile phone contracts 4 Automatic compensation for failure to meet performance standards PART 2 DIGITAL INFRASTRUCTURE Electronic communications code 5 The electronic communications code 6 Power to make transitional provision in connection with the code 7 Power to make consequential provision etc in connection with the code 8 Application of the code: protection of the environment Dynamic spectrum access services 9 Regulation of dynamic spectrum access services Other regulation of spectrum 10 Statement of strategic priorities 11 Penalties for contravention of wireless telegraphy licences 12 Fixed penalties under Wireless Telegraphy Act 2006 13 Search warrants under Wireless Telegraphy Act 2006 14 Disposal of seized property under Wireless Telegraphy Act 2006 15 Time limits for prosecutions under Wireless Telegraphy Act 2006 HL Bill 122 56/2 ii Digital Economy Bill PART 3 ONLINE PORNOGRAPHY 16 Internet pornography: requirement to prevent access by persons under the age of 18 17 Meaning of “pornographic material” 18 The age-verification regulator: designation and funding 19 Parliamentary procedure for designation of age-verification regulator 20 Age-verification regulator’s power to require information 21 Enforcement of sections 16 and 20 22 Financial penalties 23 Age-verification regulator’s power to give notice of contravention to payment-services providers and ancillary service providers 24 Meaning of “extreme pornographic material” 25 Age-verification regulator’s power to direct internet service providers to block access to material 26 No power to give notice under section 25(1) where detrimental to national security etc 27 Guidance to be published by age-verification regulator 28 Exercise of functions by the age-verification regulator 29 Guidance by Secretary of State to regulator 30 Requirements for notices given by regulator under this Part 31 Code of practice for commercial social media platform providers on online abuse 32 Report on this Part 33 Part 3: general and interpretation PART 4 INTELLECTUAL PROPERTY 34 Lending of e-books by public libraries 35 Offences: infringing copyright and making available right 36 Registered designs: infringement: marking product with internet link 37 Copyright etc where broadcast retransmitted by cable PART 5 DIGITAL GOVERNMENT CHAPTER 1 PUBLIC SERVICE DELIVERY 38 Disclosure of information to improve public service delivery 39 Disclosure of information to gas and electricity suppliers etc 40 Disclosure of information by gas and electricity suppliers etc 41 Disclosure of information to water and sewerage undertakers etc 42 Disclosure of information by water and sewerage undertakers etc 43 Further provisions about disclosures under any of sections 38 to 42 44 Confidentiality of personal information 45 Information disclosed by the Revenue and Customs 46 Code of practice Digital Economy Bill iii 47 Regulations under this Chapter 48 Interpretation of this Chapter etc CHAPTER 2 CIVIL REGISTRATION 49 Disclosure of information by civil registration officials 50 Consequential provision CHAPTER 3 DEBT OWED TO THE PUBLIC SECTOR 51 Disclosure of information to reduce debt owed to the public sector 52 Further provisions about power in section 51 53 Confidentiality of personal information 54 Information disclosed by the Revenue and Customs 55 Code of practice 56 Duty to review operation of Chapter 57 Regulations under this Chapter 58 Interpretation of this Chapter CHAPTER 4 FRAUD AGAINST THE PUBLIC SECTOR 59 Disclosure of information to combat fraud against the public sector 60 Further provisions about power in section 59 61 Confidentiality of personal information 62 Information disclosed by the Revenue and Customs 63 Code of practice 64 Duty to review operation of Chapter 65 Regulations under this Chapter 66 Interpretation of this Chapter CHAPTER 5 SHARING FOR RESEARCH PURPOSES 67 Disclosure of information for research purposes 68 Provisions supplementary to section 67 69 Bar on further disclosure of personal information 70 Information disclosed by the Revenue and Customs 71 Information disclosed by the Welsh Revenue Authority 72 Information disclosed by Revenue Scotland 73 Code of practice 74 Accreditation for the purposes of this Chapter 75 Delegation of functions of Statistics Board 76 Interpretation of this Chapter iv Digital Economy Bill CHAPTER 6 DISCLSOURE BY REVENUE AUTHORITIES 77 Disclosure of non-identifying information by HMRC 78 Disclosure of non-identifying information by the Welsh Revenue Authority 79 Disclosure of non-identifying information by Revenue Scotland 80 Disclosure of employer reference information by HMRC CHAPTER 7 STATISTICS 81 Disclosure of information by HMRC to the Statistics Board 82 Disclosure of information by public authorities to the Statistics Board 83 Access to information by Statistics Board 84 Disclosure by the Statistics Board to devolved administrations PART 6 MISCELLANEOUS OFCOM: reports etc 85 OFCOM reports on infrastructure etc 86 Comparative overviews of quality and prices OFCOM: information 87 Conditions about allocation of telephone numbers 88 Provision of information to OFCOM 89 Information required from communications providers Appeals 90 Appeals from decisions of OFCOM and others: standard of review Regulation and functions of BBC 91 Functions of OFCOM in relation to the BBC 92 BBC Licence Fee Commission 93 Duty of the Secretary of State to consult and lay recommendation before Parliament 94 Duty of the Secretary of State in determining funding settlement 95 TV licence fee concessions by reference to age Provision of children's programmes 96 Provision of children’s programmes OFCOM powers relating to criminal content etc 97 Suspension of radio licences for inciting crime or disorder 98 Digital additional services: seriously harmful extrinsic material Digital Economy Bill v On-demand programme services 99 On-demand programme services: accessibility for people with disabilities 100 On-demand programme services: specially restricted material Public sector broadcasting prominence 101 Public sector broadcasting prominence Direct marketing code 102 Direct marketing code Televising events of national interest 103 Televising events of national interest: power to amend qualifying conditions Other provisions relating to OFCOM 104 Strategic priorities and provision of information 105 OFCOM and Northern Ireland 106 Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006 107 International recognition of satellite frequency assignments: power of OFCOM to charge fees Internet filters 108 Internet filters Duty to provide information about tickets 109 Duty to provide information about tickets Offence of breaching limit on ticket sales 110 Power to create offence of breaching limits on internet and other ticket sales Communication devices used for drug dealing 111 Prevention or restriction of use of communication devices for drug dealing Charges payable to the Information Commissioner 112 Regulations about charges payable to the Information Commissioner 113 Functions relating to regulations under section 112 114 Supplementary provision relating to section 112 115 Amendments relating to section 112 Payment and securities settlement systems 116 Power to apply settlement finality regime to payment institutions 117 Bank of England oversight of payment systems vi Digital Economy Bill Qualifications in information technology 118 Qualifications in information technology: payment of tuition fees Guarantee of pension liabilities under Telecommunications Act 1984 119 Guarantee of pension liabilities under Telecommunications Act 1984 120 Regulations under section 119 PART 7 GENERAL 121 Financial provisions 122 Commencement 123 Extent 124 Short title Schedule 1 — The electronic communications code Schedule 2 — The electronic communications code: transitional provision Schedule 3 — Electronic communications code: consequential amendments Part 1 — General provision Part 2 — Amendments of particular enactments Schedule 4 — Public service delivery: specified persons for the purposes of section 38 Schedule 5 — Public service delivery: specified persons for the purposes of sections 39 and 40 Schedule 6 — Public service delivery: specified persons for the purposes of sections 41 and 42 Schedule 7 — Specified persons for the purposes of the debt provisions Schedule 8 — Specified persons for the purposes of the fraud provisions Schedule 9 — Bank of England oversight of payment systems Part 1 — Extension of Bank of England oversight of payment systems Part 2 — Consequential amendments Digital Economy Bill 1 Part 1 — Access to digital services A BILL [AS AMENDED ON REPORT] TO Make provision about electronic communications infrastructure and services; to provide for restricting access to online pornography; to make provision about protection of intellectual property in connection with electronic communications; to make provision about data-sharing; to make provision in connection with section 68 of the Telecommunications Act 1984; to make provision about functions of OFCOM in relation to the BBC; to provide for determination by the BBC of age-related TV licence fee concessions; to make provision about the regulation of direct marketing; to make other provision about OFCOM and its functions; to make provision about internet filters; to make provision about preventing or
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