Section 350
Part 1 Channel 3 services
Ban on newspaper proprietors holding Channel 3 licences
1 (1) A person is not to hold a licence to provide a Channel 3 service if—
(a) he runs a national newspaper which for the time being has a national market share of 20 per cent. or more; or
(b) he runs national newspapers which for the time being together have a national market share of 20 per cent. or more.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) For the purposes of this paragraph, where there is a licence to provide a Channel 3 service, each of the following shall be treated as holding that licence—
(a) the actual licence holder; and
(b) every person connected with the actual licence holder.
Restrictions on participation
2 (1) A person who is—
(a) the proprietor of a national newspaper which for the time being has a national market share of 20 per cent. or more, or
(b) the proprietor of national newspapers which for the time being together have a national market share of 20 per cent. or more,
is not to be a participant with more than a 20 per cent. interest in a body corporate which is the holder of a licence to provide a Channel 3 service.
(2) A person who is the holder of a licence to provide a Channel 3 service is not to be a participant with more than a 20 per cent. interest in a body corporate which is a relevant national newspaper proprietor.
(3) A body corporate is not to be a participant with more than a 20 per cent. interest in a body corporate which holds a licence to provide a Channel 3 service if the first body corporate is one in which a relevant national newspaper proprietor is a participant with more than a 20 per cent. interest.
(4) A restriction imposed by this paragraph on participation in a body corporate which is the holder of a Channel 3 licence applies equally to participation in a body corporate which controls the holder of such a licence.
(5) Any restriction on participation imposed by this paragraph—
(a) on the proprietor of a newspaper, or
(b) on the holder of a licence,
is to apply as if he and every person connected with him were one person.
(6) In this paragraph “a relevant national newspaper proprietor” means a person who runs—
(a) a national newspaper which for the time being has a national market share of 20 per cent. or more; or
(b) national newspapers which for the time being together have a national market share of 20 per cent. or more.
National and local newspapers and their respective national and local market shares
3 (1) In this Part of this Schedule references to a national or local newspaper are references to a national or local newspaper circulating wholly or mainly in the United Kingdom or in a part of the United Kingdom.
(2) Where a newspaper is published in different regional editions on the same day, OFCOM have the power to determine whether those regional editions should be treated for the purposes of this Part of this Schedule as constituting—
(a) one national newspaper;
(b) two or more local newspapers; or
(c) one national newspaper and one or more local newspapers.
(3) In the case of a newspaper which would otherwise be neither a national nor a local newspaper for the purposes of this Part of this Schedule, OFCOM have the power to determine, if they consider it appropriate to do so in the light of—
(a) its circulation and influence in the United Kingdom, or
(b) its circulation or influence in a part of the United Kingdom,
that the newspaper is to be treated as a national or as a local newspaper for such of those purposes as they may determine.
(4) For the purposes of this Part of this Schedule, the national market share of a national newspaper at any time is the percentage of the total number of copies of all national newspapers sold in the United Kingdom in the relevant six months which is represented by the total number of copies of that newspaper sold in the United Kingdom in that six months.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In sub-paragraph (4) “the relevant six months” means the six months ending with the last whole calendar month to end before the time in question.
(7) For the purposes of sub-paragraph (4) , the number of copies of a newspaper sold in the United Kingdom... during any period may be taken to be such number as is estimated by OFCOM—
(a) in such manner, or
(b) by reference to such statistics prepared by any other person,
as they think fit.
(8) In relation to a newspaper which is distributed free of charge (rather than sold), references in this paragraph to the number of copies sold include references to the number of copies distributed.
Construction of references to running a newspaper
4 For the purposes of this Part of this Schedule a person runs a ... newspaper if—
(a) he is the proprietor of the newspaper; or
(b) he controls a body which is the proprietor of the newspaper.
Coverage area for a Channel 3 service
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to amend Part 1 of Schedule
6 The Secretary of State may by order repeal or otherwise modify any of the restrictions imposed by this Part of this Schedule.
Part 2 ...
...
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Part 3 Local sound programme services
Restriction on holding of local sound broadcasting licences
11 (1) The Secretary of State may by order impose—
(a) requirements prohibiting the holding at the same time by the same person, in the circumstances described in the order, of more than the number of local sound broadcasting licences that is determined in the manner set out in the order;
(b) requirements prohibiting a person from holding even one local sound broadcasting licence in the circumstances described in the order.
(2) The circumstances by reference to which a person may be prohibited under sub-paragraph (1) from holding a local sound broadcasting licence, and the factors that may be used for determining the number of such licences that he may hold, include, in particular—
(a) whether and to what extent the coverage areas of different services provided by that person under different local sound broadcasting licences would overlap;
(b) the sizes of the potential audiences for those services and the times when those services would be made available;
(c) whether and to what extent members of the potential audiences for those services would also be members of the potential audiences for services provided under local sound broadcasting licences held by other persons;
(d) in a case in which members of potential audiences for services so provided by that person would also be members of the potential audiences for services so provided by other persons—
(i) the number of those other persons;
(ii) the coverage areas of their services;
(iii) the sizes of the potential audiences for their services; and
(iv) the times when their services are or will be made available;
(e) whether that person runs one or more national newspapers, and their national market share;
(f) whether and to what extent the whole or a part of the coverage area for a service for which that person would hold a local sound broadcasting licence is or includes an area in which one or more local newspapers run by him is circulating, and the newspapers' local market share;
(g) whether and to what extent the whole or a part the coverage area for which that person would hold a local sound broadcasting licence is or is included in the coverage area of a regional Channel 3 service for which he also holds a licence.
(3) For the purposes of this paragraph the coverage area for a service provided under a local sound broadcasting licence or a Channel 3 licence is the area in the United Kingdom within which that service is capable of being received at a level satisfying such technical standards as may have been laid down by OFCOM for the purposes of the provisions of an order under this paragraph.
Restriction applying to local digital sound programme services
12 (1) The Secretary of State may by order impose requirements, on persons holding local digital sound programme licences, prohibiting the provision by the same person, in the circumstances described in the order, of more than the number of local digital sound programme services that is determined in the manner set out in the order.
(2) The circumstances by reference to which a person may be prohibited under sub-paragraph (1) from providing a local digital sound programme service, and the factors that may be used for determining the number of such services that he may provide, include, in particular—
(a) whether and to what extent the coverage areas of different local digital sound programme services provided by that person would overlap;
(b) the capacity used by those services on the relevant multiplexes;
(c) the sizes of the potential audiences for those services and the times when those services would be made available;
(d) whether and to what extent members of the potential audiences for those services would also be members of the potential audiences for local digital sound programme services provided by other persons;
(e) in a case in which members of the potential audiences for the services provided by that person would also be members of the potential audiences for local digital sound programme services provided by other persons—
(i) the number of those other persons;
(ii) the coverage areas of their services;
(iii) the capacity used by their services on the relevant multiplexes;
(iv) the sizes of the potential audiences for their services; and
(v) the times when their services are or will be made available.
(3) For the purposes of this paragraph the coverage area for a service provided under a local digital sound programme licence is the area in the United Kingdom within which the relevant multiplex is capable of being received at a level satisfying such technical standards as may have been laid down by OFCOM for the purposes of the provisions of an order under this paragraph.
(4) In this paragraph “the relevant multiplex”, in relation to a service provided under a local digital sound programme licence, means the local radio multiplex service in which the service provided under that licence is or is to be included.
(5) For the purposes of this paragraph a person who holds a licence to provide local digital sound programme services provides such a service if, and only if—
(a) the service is one provided by him and is included in a local radio multiplex service for which he holds a local radio multiplex licence; or
(b) under a contract between that person and a person who holds a licence to provide a local radio multiplex service, the person holding the licence to provide the radio multiplex service is required to include that local digital sound programme service in that multiplex service.
Powers supplemental to powers under paragraphs 11 and 12
13 (1) An order under paragraph 11 or 12 may make provision for treating—
(a) persons who are connected with a person who holds a licence,
(b) persons who are associates of a person who holds a licence or of a person who is connected with a person who holds a licence, and
(c) persons who (whether alone or together with such persons as may be described in the order) participate in a body which holds a licence or is treated as doing so by virtue of paragraph (a) or (b),
as if each of them were also a holder of the licence for the purposes of a requirement imposed under that paragraph.
(2) An order under paragraph 12 may make provision for treating—
(a) persons who are connected with a person who provides a local digital sound programme service,
(b) persons who are associates of a person who provides such a service or of a person who is connected with a person who provides such a service, and
(c) persons who (whether alone or together with such persons as may be described in the order) participate in a body who provides such a service or is treated as doing so by virtue of paragraph (a) or (b),
as if each of them were also a person providing the service for the purposes of a requirement imposed under that paragraph.
(3) An order under paragraph 11 or 12 may also make provision for treating—
(a) persons who are connected with each other,
(b) persons who are associates of each other, and
(c) persons who (whether alone or together with such persons as may be described in the order) participate in a body,
as if they and such other persons who are connected with, associates of or participators in any of them as may be described in the order were the same person for the purposes of a requirement imposed under that paragraph.
(4) An order under paragraph 11 may make provision—
(a) as to the circumstances in which a newspaper is to be treated as a national newspaper or a local newspaper for the purposes of a requirement imposed under that paragraph;
(b) as to the person or persons who are to be treated for any such purposes as running a newspaper;
(c) as to the determination for any such purposes of the area within which a local newspaper is circulating; and
(d) as to what is to constitute the national market share or local market share of any newspaper or of a number of newspapers taken together;
and provision made by virtue of this paragraph may apply, with or without modifications, any of the provisions of paragraph 3 or 4 of this Schedule or section 5(6AA) to (6AD) of the Broadcasting Act 1990 .
(5) Power to make provision with respect to any matter by any order under paragraph 11 or 12 includes power—
(a) to make provision with respect to that matter by reference to the making or giving by OFCOM, in accordance with the order, of any determination, approval or consent; and
(b) to confer such other discretions on OFCOM as the Secretary of State thinks fit.
(6) Sub-paragraph (5) of paragraph 12 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.
Transitional provision for orders under paragraphs 11 and 12
14 (1) This paragraph applies where—
(a) immediately after the coming into force of an order under paragraph 11 or 12, a person (“the person in contravention”) is in contravention, in any respect, of a requirement imposed under that paragraph; and
(b) immediately before the coming into force of the order, that person—
(i) held one or more relevant licences; but
(ii) was not, in that respect, in contravention of a requirement imposed under that paragraph.
(2) This paragraph does not apply in the case of the first order to be made under paragraph 11 or 12 if the person in contravention was, immediately before the coming into force of the order, in contravention, in relation to one or more of the relevant licences, of a requirement imposed under Part 3 or 4 of Schedule 2 to the 1990 Act.
(3) In sub-paragraphs (1) and (2) the reference to a relevant licence is—
(a) in relation to the coming into force of an order under paragraph 11, a local sound broadcasting licence; and
(b) in relation to the coming into force of an order under paragraph 12, a local digital sound programme licence.
(4) The contravention mentioned in sub-paragraph (1)(a), to the extent that it arises by reason of the coming into force of the order, is to be disregarded (in the case of the person in contravention) in relation to any time which falls—
(a) after the coming into force of the order; and
(b) before there is a relevant change of circumstances.
(5) Where the contravention is one arising under paragraph 11 in the case of a person who held one or more local sound broadcasting licences immediately before the coming into force of the order, there is a relevant change of circumstances if—
(a) another person becomes the holder of any of those licences, otherwise than in consequence of a transaction under which the person in contravention ceases to be a holder of the licence; or
(b) the person in contravention becomes the holder of another local sound broadcasting licence.
(6) A change of circumstances is not a relevant change of circumstances by virtue of sub-paragraph (5)(b) unless the licence of which the person in contravention becomes the holder is one the holding of which, with the holding of licences already held by him, would (apart from sub-paragraph (4)) constitute a contravention of a requirement imposed under paragraph 11.
(7) Where the contravention is one arising under paragraph 12 in the case of a person who, under a local digital sound programme licence, was providing one or more local digital sound programme services immediately before the coming into force of the order, there is a relevant change of circumstances if—
(a) another person becomes the holder of that licence, otherwise than in consequence of a transaction under which the person in contravention ceases to be a holder of the licence; or
(b) the person in contravention becomes the provider of another local digital sound programme service provided under that licence.
(8) A change of circumstances is not a relevant change of circumstances by virtue of sub-paragraph (7)(b) unless the service of which the person in contravention becomes the provider is one the provision of which, with the services already provided by him, would (apart from sub-paragraph (4)) constitute a contravention of a requirement imposed under paragraph 12.
(9) For the purposes of this paragraph, in its application in relation to a contravention of a requirement imposed under paragraph 11 or 12—
(a) references to holding a licence or providing a local digital sound programme service are to be construed in accordance with the provision having effect for the purposes of that requirement; and
(b) the persons who are taken to be holding a local digital sound programme licence immediately before the coming into force of the order include every person who at that time would, in accordance with that provision, be treated as providing local digital sound programme services that were being provided at that time under that licence.
Part 4 Religious bodies etc.
Approval required for religious bodies etc. to hold licences
15 (1) A person mentioned in paragraph 2(1) of Part 2 of Schedule 2 to the 1990 Act (religious bodies etc.) is not to hold a Broadcasting Act licence not mentioned in paragraph 2(1A) of that Part unless—
(a) OFCOM have made a determination in his case as respects a description of licences applicable to that licence; and
(b) that determination remains in force.
(2) OFCOM are to make a determination under this paragraph in a person’s case and as respects a particular description of licence if, and only if, they are satisfied that it is appropriate for that person to hold a licence of that description.
(3) OFCOM are not to make a determination under this paragraph except on an application made to them for the purpose.
(4) OFCOM must publish guidance for persons making applications to them under this paragraph as to the principles that they will apply when determining for the purposes of sub-paragraph (2) what is appropriate.
(5) OFCOM must have regard to guidance for the time being in force under sub-paragraph (4) when making determinations under this paragraph.
(6) OFCOM may revise any guidance under sub-paragraph (4) by publishing their revisions of it.
(7) The publication of guidance under sub-paragraph (4), or of any revisions of it, is to be in whatever manner OFCOM consider appropriate.
Power to amend Part 4 of Schedule
16 The Secretary of State may by order repeal or otherwise modify the restriction imposed by this Part of this Schedule.
Part 5 Supplemental provisions of Schedule
Procedure for orders
17 (1) Before making an order under any provision of this Schedule (other than one that is confined to giving effect to recommendations made by OFCOM in a report of a review under section 391), the Secretary of State must consult OFCOM.
(2) No order is to be made containing provision authorised by any provision of this Schedule unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Interpretation of Schedule
18 (1) Part 1 of Schedule 2 to the 1990 Act applies for construing this Schedule as it applies for construing Part 2 of that Schedule.
(2) References in this paragraph to an area overlapping another include references to its being the same as, or lying wholly inside, the other area.
Section 360
Part 1 Amendments of the 1990 Act
Licences under Part 1
1 (1) Section 3 of the 1990 Act (licensing under Part 1) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), for “Chapter II, III, IV or V of this Part” there shall be substituted “ Chapter 2 or 5 of this Part or section 235 of the Communications Act 2003 ”.
(4) For subsection (8) (saving for telecommunications licences) there shall be substituted—
(8) The holding by a person of a licence under this Part shall not relieve him of—
(a) any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or
(b) any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).
General licence conditions
2 (1) Section 4 of the 1990 Act (general licence conditions) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), in each of paragraphs (a) and (c), after “this Act” there shall be inserted “ , the Broadcasting Act 1996 or the Communications Act 2003 ”.
(4) In subsection (3) (fixing of fees), the words from “and the amount” onwards shall be omitted.
(5) In subsection (5) (provision of false information to be breach of condition)—
(a) for “imposed under this Part” there shall be substituted “ contained in the licence ”; and
(b) after “and 42” there shall be inserted “ or (as the case may be) sections 237 and 238 of the Communications Act 2003 (enforcement of television licensable content service licences) ”.
Restrictions on licence holding
3 (1) Section 5 of the 1990 Act (restrictions on licence holding) shall be amended as follows.
(2) For “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (2) (incidental requirements to provide information), after paragraph (d) there shall be inserted—
(da) impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—
(i) shareholdings in the body; or
(ii) the directors of the body;
(db) impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—
(i) whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2; or
(ii) whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;
.
(4) In subsection (6)—
(a) in paragraph (a), for “complained of” there shall be substituted “ constituting their grounds for revoking the licence ”; and
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2” there shall be substituted “ the requirements imposed by or under Schedule 14 to the Communications Act 2003, ”.
(5) In subsection (6A)—
(a) paragraph (a) shall cease to have effect; and
(b) in paragraph (b), for “Part IV of that Schedule” there shall be substituted “ Part 1 of Schedule 14 to the Communications Act 2003 ”.
(6) Subsection (6B) shall cease to have effect.
(7) In subsection (7), for the words from “a failure” to the end of paragraph (c) there shall be substituted “ a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003 ”.
Repeal of previous regulatory regime
4 Sections 6 to 12 of the 1990 Act (which contain the mechanism for regulation in relation to licences under Part 1 of that Act) shall cease to have effect.
Prohibition on providing television services without a licence
5 (1) Section 13 of the 1990 Act (prohibition on providing television services without a licence) shall be amended as follows.
(2) In subsection (1) (offence of providing such service without a licence), for “service falling within section 2(1)(a), (aa), (b), (c), (cc) or (d)” there shall be substituted “ relevant regulated television service ”.
(3) After that subsection there shall be inserted—
(1A) In subsection (1) “relevant regulated television service” means a service falling, in pursuance of section 211(1) of the Communications Act 2003, to be regulated by OFCOM, other than a television multiplex service.
(4) In subsection (2) (exemption orders made after consulting the ITC), for “the Commission” there shall be substituted “ OFCOM ”.
Television broadcasting on Channel 3
6 In section 14 of the 1990 Act (establishment of Channel 3), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Applications for Channel 3 licences
7 (1) Section 15 of the 1990 Act (applications for Channel 3 licences) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (2), for “specified in section 16(2) or (3) (as the case may be)” there shall be substituted
that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—
(a) the public service remit for that service,
(b) programming quotas,
(c) news and current affairs programmes, and
(d) programme production and regional programming.
(4) In subsection (3)—
(a) in paragraph (b), for “specified in section 16(2) or (3) (as the case may be)” there shall be substituted
that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—
(i) the public service remit for that service,
(ii) programming quotas,
(iii) news and current affairs programmes, and
(iv) programme production and regional programming
;
(b) paragraphs (c) to (e) shall be omitted.
(5) After subsection (3) there shall be inserted—
(3A) For the purposes of subsection (1)(d)(ii)—
(a) different percentages may be specified for different accounting periods; and
(b) the percentages that may be specified for an accounting period include a nil percentage.
(6) In subsection (4), for “paragraphs (b) to (e)” there shall be substituted “ paragraphs (b) ”.
Procedure on consideration of applications for Channel 3 licences
8 (1) Section 16 of the 1990 Act (consideration of applications for Channel 3 licences) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), for “specified in subsection (2) or (3) below (as the case may be)” there shall be substituted
that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—
(i) the public service remit for that service,
(ii) programming quotas,
(iii) news and current affairs programmes, and
(iv) programme production and regional programming
.
(4) Subsections (2) and (3) of that section shall cease to have effect.
(5) In subsection (4) of that section—
(a) for “specified in subsection (2) or (3) (as the case may be),” there shall be substituted
that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—
(a) the public service remit for that service,
(b) programming quotas,
(c) news and current affairs programmes, and
(d) programme production and regional programming,
;
(b) the words from “and in applying” onwards shall be omitted.
(6) Subsections (5) to (8) shall cease to have effect.
Television broadcasting on Channel 3
9 (1) Section 17 of the 1990 Act (award of licences to person submitting highest bid) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (12)(b), for “specified in section 16(2) or (3) (as the case may be)” there shall be substituted
that have to be imposed under Chapter 4 of Part 3 of the Communications Act 2003 by conditions relating to—
(i) the public service remit for that service,
(ii) programming quotas,
(iii) news and current affairs programmes, and
(iv) programme production and regional programming
.
Financial conditions of licence and failures to begin a service
10 In sections 17A to 19 of the 1990 Act (financial conditions in Channel 3 licences and failures to begin a service), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Changes of control in period after award of licence
11 (1) Section 21 of the 1990 Act (changes of control in period immediately after award of licence) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (2), in the definition of “associated programme provider”, for the words from “appears” to “inclusion” there shall be substituted “ is or is likely to be involved, to a substantial extent, in the provision of the programmes included ”.
Temporary provision of Channel 3 service for an additional area
12 In section 22 of the 1990 Act (temporary provision of regional Channel 3 Service for additional area), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Appointment of members of C4 Corporation
13 In section 23 of the 1990 Act (appointment of C4C members), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Channel 4 licence
14 In section 24(3) of the 1990 Act (Channel 4 licence), for “the Commission” there shall be substituted “ OFCOM ”.
Channel 5
15 In section 28 of the 1990 Act (Channel 5), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Application to Channel 5 of Channel 3 provisions
16 (1) In section 29 of the 1990 Act (application to Channel 5 of Channel 3 provisions)—
(a) subsection (2)(b) and the word “and” immediately preceding it, and
(b) subsection (3),
shall cease to have effect.
(2) In subsection (2)(a) of that section, for “the Commission” there shall be substituted “ OFCOM ”.
Announcement of programme Schedules
17 In section 37(1) of the 1990 Act (conditions requiring announcement of programme Schedules), for “the Commission” there shall be substituted “ OFCOM ”.
Enforcement of conditions of Channel 3, Channel 4 and Channel 5 licences
18 (1) In sections 40 to 42 of the 1990 Act (enforcement of licences), for “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(2) In sections 41(1) and 42(1)(a) of that Act (which contain provisions relating to the enforcement of directions under Part 1 of that Act), after “this Part”, in each place, there shall be inserted “ , Part 5 of the Broadcasting Act 1996 or Part 3 of the Communications Act 2003 ”.
Restricted services
19 In section 42B(1) of the 1990 Act (licensing of restricted services), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Additional television services
20 (1) Section 48 of the 1990 Act (additional services) shall be further amended as follows.
(2) In subsection (1)—
(a) for “telecommunication” there shall be substituted “ electronic ”; and
(b) for paragraphs (a) and (b) there shall be substituted “ on a relevant frequency ”.
(3) In subsection (2), for paragraphs (a) and (b) there shall be substituted
any part of the signals which—
(a) is not required for the purposes of the television broadcasting service for the purposes of which the frequency has been made available; and
(b) is determined by OFCOM to be available for the provision of additional services;
.
(4) After that subsection there shall be inserted—
(2A) For the purposes of this Part, if they consider it appropriate to do so, OFCOM may, while an additional services licence is in force, from time to time modify the determination made under subsection (2)(b) for the purposes of that licence in any manner that does not reduce the amount of spare capacity made available for the licensed services; and when so modified any such licence shall have effect accordingly.
(5) In subsection (3)—
(a) for “The Commission” there shall be substituted “ OFCOM ”; and
(b) for “(2)(a)” there shall be substituted “ (2)(b) ”; and
(c) for paragraphs (a) to (c) there shall be substituted—
(a) to the obligations contained in any code under section 303 of the Communications Act 2003 by virtue of subsection (5) of that section; and
(aa) to any need of the person providing the television broadcasting service in question to be able to use part of the signals carrying it for providing services (in addition to those provided for satisfying those obligations) which—
(i) are ancillary to programmes included in the service and directly related to their contents; or
(ii) relate to the promotion or listing of such programmes.
(6) In subsection (4), for paragraphs (a) and (b) there shall be substituted—
(a) to provide services for the satisfaction in his case of obligations mentioned in subsection (3)(a); and
(b) to provide in relation to his television broadcasting service any such services as are mentioned in subsection (3)(aa).
(7) For subsection (6) there shall be substituted—
(6) In this section—
“electronic signals” means signals within the meaning of section 32 of the Communications Act 2003;
“relevant frequency” means a frequency made available by OFCOM for the purposes of a television broadcasting service.
(8) This paragraph does not affect the validity of a licence granted or last renewed before the television transfer date, or the services licensed by any such licence.
Licensing of additional television services
21 (1) Section 49 of the 1990 Act (licensing of additional television services) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), for the words from “of the following” to “48(1)(b)” there shall be substituted “ relevant frequency ”.
(4) For subsections (2) and (3) there shall be substituted—
(1A) An additional services licence is not required for an additional service that is comprised in the public teletext service (within the meaning of Part 3 of the Communications Act 2003).
(5) In subsection (10), at the end there shall be inserted “ and “relevant frequency” has the same meaning as in section 48. ”
Applications for additional services licences
22 (1) Section 50 of the 1990 Act (applications for additional services licences) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1)(b)(ii), the words “(subject to the approval of the Secretary of State)” shall be omitted.
(4) Subsection (7) shall cease to have effect.
Procedure on application etc. for additional television services licences
23 (1) Section 51 of the 1990 Act (consideration of applications for licences for additional television services) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), for paragraph (a) (requirement of approval of technical plans) there shall be substituted—
(a) that the technical plan submitted under section 50(3)(b), in so far as it involves the use of an electronic communications network (within the meaning of the Communications Act 2003), contains proposals that are acceptable to them; and
.
(4) Subsections (2) and (7) shall cease to have effect.
Additional payments in respect of additional television services licences
24 In section 52 of the 1990 Act (additional payments in respect of additional television services licences), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Duration of additional television services licences
25 (1) Section 53 of the 1990 Act (duration and renewal of additional television services licences) shall be amended as follows.
(2) In subsection (1), for the words before paragraph (a) there shall be substituted—
(1) A licence to provide additional services on a frequency which is a relevant frequency for the purposes of section 48 or (in the case of a licence granted before the television transfer date) was assigned under section 65—
.
(3) In subsection (2), after “not later than” there shall be inserted “ the day falling three months before ”.
(4) In subsections (4) to (11), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(5) In subsection (8), for the words from “payable” onwards there shall be substituted “ the cash bid of the licence holder were the licence (instead of being renewed) to be granted for the period of the renewal on an application made in accordance with section 50(3). ”
(6) After that subsection there shall be inserted—
(8A) For the purposes of subsection (7)(b)—
(a) different percentages may be specified for different accounting periods; and
(b) the percentages that may be specified for an accounting period include a nil percentage.
(7) After subsection (11) there shall be inserted—
(12) A determination for the purposes of subsection (11)—
(a) must be made at least one year before the date determined; and
(b) must be notified by OFCOM to the person who holds the licence in question.
(13) In this section “the television transfer date” has the same meaning as in the Communications Act 2003.
Additional television services not to interfere with other transmissions
26 (1) Section 54 of the 1990 Act (additional television services not to interfere with other transmissions) shall be amended as follows.
(2) In subsection (1), for “the Commission” there shall be substituted “ OFCOM ”.
(3) Subsection (2) shall cease to have effect.
Enforcement of additional television services licences
27 (1) Section 55 of the 1990 Act (further provision in relation to additional television services licences) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (4) at the end there shall be inserted “ and, in the case of a licence renewed under section 53 as if the reference in section 42(4) to the end of the period for which the licence is to continue in force were a reference to the end of the period for which it has been renewed. ”
The Welsh Authority
28 (1) Section 58 of the 1990 Act (sources of programmes for S4C) shall be amended as follows.
(2) In subsection (1), for “comply with their duty under section 57(2)(b)” there shall be substituted “ fulfil so much of their public service remit in relation to S4C under paragraph 3 of Schedule 12 to the Communications Act 2003 as is contained in sub-paragraph (2)(a) and (b) of that paragraph ”.
(3) In subsection (2)(a), for “comply with section 57(3)” there shall be substituted “ fulfil so much of their public service remit in relation to S4C under paragraph 3 of Schedule 12 to the Communications Act 2003 as is contained in sub-paragraph (2)(c) of that paragraph ”.
(4) After subsection (5) there shall be inserted—
(6) In this section “programme” does not include an advertisement.
Distribution of licensed public service channels
29 (1) Section 66 of the 1990 Act (requirements relating to transmission and distribution of services) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsections (1) and (2), for “for general reception” there shall be substituted “ so as to be available for reception by members of the public ”.
(4) After subsection (2) there shall be inserted—
(2A) In subsections (1) and (2) “available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003
.
Enforcement of licences held by BBC companies
30 In section 66A of the 1990 Act (enforcement of licences held by BBC companies), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Interpretation of Part 1
31 (1) Section 71 of the 1990 Act (interpretation) shall be amended as follows.
(2) For the definitions of “S4C” and “on S4C” there shall be substituted—
“S4C” has the same meaning as in Part 3 of the Communications Act 2003;
.
(3) For the definitions of “television broadcasting service” and “television programme service” there shall be substituted—
“television broadcasting service”, “television licensable content service” and “television programme service” each has the same meaning as in Part 3 of the Communications Act 2003;
.
Licensing functions of OFCOM
32 (1) Section 85 of the 1990 Act (licensing of independent radio services) shall be amended as follows.
(2) In subsections (1) and (2), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), for “such licences to provide independent radio services as they may determine” there shall be substituted “ licences to provide relevant independent radio services ”.
(4) Subsections (3) and (4) (duty to secure the meeting of a variety of tastes and interests and to ensure fair and effective competition) shall cease to have effect.
(5) After subsection (7) there shall be inserted—
(8) In this section “relevant independent radio services” means the following services so far as they are services falling to be regulated under section 245 of the Communications Act 2003—
(a) sound broadcasting services;
(b) radio licensable content services;
(c) additional radio services.
Licences under Part 3 of the 1990 Act
33 (1) Section 86 of the 1990 Act (licences under Part 3) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) For subsection (9) of that section there shall be substituted—
(9) The holding of a licence by a person shall not relieve him of—
(a) any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or
(b) any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).
General licence conditions
34 (1) Section 87 of the 1990 Act (general licence conditions) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), in each of paragraphs (a) and (d), after “this Act” there shall be inserted “ , the Broadcasting Act 1996 or the Communications Act 2003 ”.
(4) In subsection (2), sub-paragraph (ii) of paragraph (b) and the word “or” immediately preceding it shall be omitted.
(5) In subsection (3) (fixing of fees), the words from “and the amount” onwards shall be omitted.
Restrictions on holding licences
35 (1) Section 88 of the 1990 Act (restrictions on the holding of licences) shall be amended as follows.
(2) For “The Authority” and “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (2) (incidental requirements to provide information), after paragraph (d) there shall be inserted—
(da) impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—
(i) shareholdings in the body; or
(ii) the directors of the body;
(db) impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—
(i) whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2; or
(ii) whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;
.
(4) In subsection (6)—
(a) in paragraph (a), for “complained of” there shall be substituted “ constituting their grounds for revoking the licence ”; and
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2” there shall be substituted “ the requirements imposed by or under Schedule 14 to the Communications Act 2003 ”.
(5) In subsection (6A)—
(a) paragraph (a) shall cease to have effect; and
(b) in paragraph (b), for “Part IV of that Schedule” there shall be substituted “ Part 1 of Schedule 14 to the Communications Act 2003 ”.
(6) Subsection (6B) shall cease to have effect.
(7) In subsection (7), for the words from “a failure” to the end of paragraph (c) there shall be substituted “ a disqualification under Part 2 of Schedule 2 to this Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003, ”.
Disqualification of persons convicted of transmission offences
36 (1) Section 89 of the 1990 Act (offences giving rise to disqualification) shall be amended as follows.
(2) In subsection (1), for paragraph (a) there shall be substituted—
(a) an offence under section 1(1) of the Wireless Telegraphy Act 1949 (“the 1949 Act”) consisting in the establishment or use of a station for wireless telegraphy, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast (within the meaning of section 9 of the Marine, &c., Broadcasting (Offences) Act 1967);
(aa) an offence under section 1A of the 1949 Act (keeping wireless telegraphy station or apparatus available for unauthorised use) where the relevant contravention of section 1 would constitute an offence falling within paragraph (a);
(ab) an offence under section 1B or 1C of the 1949 Act (unlawful broadcasting offences);
.
(3) In subsection (3), for the words from “concerned” onwards there shall be substituted
concerned in—
(a) the provision of the licensed service or the making of programmes included in it; or
(b) the operation of a station for wireless telegraphy used for broadcasting the service.
(4) This paragraph does not impose a disqualification in respect of any offence committed before the commencement of this paragraph.
Offence of providing regulated radio services
37 (1) Section 97 of the 1990 Act (prohibition on providing services without a licence) shall be amended as follows.
(2) In subsection (1), for the words from “independent” to “84(1)(d), (e) or (f)” there shall be substituted “ relevant regulated radio service ”.
(3) After that subsection there shall be inserted—
(1A) In subsection (1) “relevant regulated radio service” means a service falling to be regulated by OFCOM under section 245 of the Communications Act 2003, other than a radio multiplex service.
(4) In subsection (2) (exemption orders made after consulting the Radio Authority), for “the Authority” there shall be substituted “ OFCOM ”.
Applications for national licences
38 (1) Section 98 of the 1990 Act (applications for national licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (3)(a) (proposals to accompany application)—
(a) the word “both”, and
(b) sub-paragraph (ii) and the word “and” immediately preceding it,
shall be omitted.
(4) After subsection (3) there shall be inserted—
(3A) For the purposes of subsection (1)(d)(ii)—
(a) different percentages may be specified for different accounting periods; and
(b) the percentages that may be specified for an accounting period include a nil percentage.
(5) In subsection (4) (provision of further information), after “paragraphs (a),” there shall be inserted “ (aa), ”.
(6) In subsection (6)(b) (publication of details of successful applicant), after “subsection (3)(a)” there shall be inserted “ and (aa) ”.
Consideration of applications for a national licence
39 (1) Section 99 of the 1990 Act (consideration of applications for national licence) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In paragraph (a) of subsection (1) (proposals to accompany application)—
(a) the word “both”, and
(b) sub-paragraph (ii) and the word “and” immediately preceding it,
shall be omitted.
(4) In paragraph (b) of that subsection, after “maintain that service” there shall be inserted “ and any proposed simulcast radio service corresponding to that service ”.
Award of national licences
40 In section 100 of the 1990 Act (award of national licences to person submitting highest cash bid), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Failure to begin providing licensed service
41 (1) Section 101 of the 1990 Act (failure to begin providing licensed service) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1)—
(a) in paragraph (a) for “the service in question” there shall be substituted “ the licensed national service or that he does not intend to provide a corresponding simulcast radio service that he is required to provide by a condition imposed under section 100A ”; and
(b) in paragraph (b), for “that service” there shall be substituted “ the licensed national service or any such simulcast radio service ”.
(4) In subsection (2), for “the service in question” there shall be substituted “ the licensed national service or the simulcast radio service ”.
Additional payments in respect of national licences
42 In section 102 of the 1990 Act (additional payments in respect of national licences), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Restrictions affecting change in control of holder of national licence
43 (1) Section 103 of the 1990 Act (restrictions on change of control of national licence) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (2) (interpretation)—
(a) in the definition of “associated programme provider”, for the words from “appears” to “inclusion” there shall be substituted “ is or is likely to be involved, to a substantial extent, in the provision of the programmes included ”; and
(b) in the words after the definition of “the relevant period”, for the words from “as if” onwards there shall be substituted “ as it has effect for the purposes of that Schedule. ”
Renewal of national licences
44 (1) Section 103A of the 1990 Act (renewal of national licences) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), for “eight” there shall be substituted “ twelve ”.
(4) In subsection (2), after “not later than” there shall be inserted “ the day falling three months before ”.
(5) In subsection (3), paragraph (a) and in paragraph (b) the words “in any other case” shall cease to have effect.
(6) In subsection (4), for paragraph (b) there shall be substituted—
(b) the applicant gave notice to OFCOM, within the period of one month beginning with the commencement of section 42 of the Broadcasting Act 1996, of his intention to provide a simulcast radio service, and
.
(7) For subsection (7) there shall be substituted—
(7) The amount determined under subsection (6)(b) must be equal to the amount which, in OFCOM’s opinion, would have been the cash bid of the licence holder were the licence (instead of being renewed) to be granted for the period of the renewal on an application made in accordance with section 98.
(7A) For the purposes of subsection (6)(c)—
(a) different percentages may be specified for different accounting periods; and
(b) the percentages that may be specified for an accounting period include a nil percentage.
(8) After subsection (10) there shall be inserted—
(10A) In the case of a pre-transfer national licence (including one for a period extended under section 253 of the Communications Act 2003)—
(a) the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and
(b) on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a national licence granted by OFCOM under this Part after the radio transfer date.
(9) After subsection (11) there shall be inserted—
(12) A determination for the purposes of subsection (11)—
(a) must be made at least one year before the date determined; and
(b) must be notified by OFCOM to the person who holds the licence in question.
Applications for local licences
45 (1) Section 104 of the 1990 Act (application for local licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (6), for the words from the beginning to “shall be made” there shall be substituted “ An application for a licence to provide a restricted service shall be made ”.
Renewal of local licences
46 (1) Section 104A of the 1990 Act (renewal of local licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), for “eight” there shall be substituted “ twelve ”.
(4) In subsection (3), after “not later than” there shall be inserted “ the day falling three months before ”.
(5) After subsection (12) there shall be inserted—
(12A) In the case of a pre-transfer local licence (including one for a period extended under section 253 of the Communications Act 2003)—
(a) the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and
(b) on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a local licence granted by OFCOM under this Part after the radio transfer date.
(6) In subsection (13)(d), for “paragraph 3A of Part I of Schedule 2” there shall be substituted “ paragraph 8(2) of Schedule 14 to the Communications Act 2003 ”.
(7) After subsection (13) there shall be inserted—
(14) A determination for the purposes of subsection (13)(c)—
(a) must be made at least one year before the date determined; and
(b) must be notified by OFCOM to the person who holds the licence in question.
Special procedure for applications for local licences
47 (1) Section 104B of the 1990 Act (special procedure for applications for local licences) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) After subsection (1) there shall be inserted—
(1A) In subsection (1)(c) the reference to the service in question, in relation to a case in which it is a pre-transfer local licence that is due to expire, is a reference to the equivalent local service for which a licence is capable of being granted at times on or after the radio transfer date.
Special requirements relating to grant of local licences
48 (1) Section 105 of the 1990 Act (special requirements relating to grant of local licences) shall be amended as follows.
(2) For “the Authority” there shall be substituted “ OFCOM ”.
(3) For paragraph (d) (duty to have regard to the extent to which proposed service supported by persons living in the area) there shall be substituted—
(d) the extent to which there is evidence that, amongst persons living in that area or locality, there is a demand for, or support for, the provision of the proposed service.
Requirements as to character and coverage of services
49 In subsections (1) to (4) and (6) of section 106 of the 1990 Act (requirements as to character and coverage of services), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Enforcement of licences
50 In sections 109 to 111A of the 1990 Act (enforcement of licences), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Power to suspend licences to provide radio licensable content services from a satellite
51 (1) Section 111B of the 1990 Act (power to suspend licence to provide satellite service) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1)—
(a) in paragraph (a), for “satellite service” there shall be substituted “ radio licensable content service ”;
(b) in paragraph (b), for the words from “included in the licence” to the end of the paragraph there shall be substituted “ which in compliance with section 263 of the Communications Act 2003 is included in the licence for the purpose of securing the objective mentioned in section 319(2)(b) of that Act, and ”.
Additional radio services
52 (1) Section 114 of the 1990 Act (additional radio services) shall be amended as follows.
(2) In subsection (1)—
(a) for “telecommunication” there shall be substituted “ electronic ”; and
(b) for paragraphs (a) and (b) there shall be substituted “ on a relevant frequency ”.
(3) In subsection (2), for paragraphs (a) and (b) there shall be substituted
any part of the signals which—
(a) is not required for the purposes of the sound broadcasting service for the purposes of which the frequency has been made available; and
(b) is determined by OFCOM to be available for the provision of additional services;
.
(4) After that subsection there shall be inserted—
(2A) At any time while an additional services licence is in force, OFCOM may, if they consider it appropriate to do so, modify or further modify the determination made for the purposes of that licence under subsection (2)(b); and where there has been such a modification or further modification, the licence shall have effect accordingly.
(2B) A modification or further modification under subsection (2A) must not reduce the amount of spare capacity made available for the licensed services.
(5) In subsection (3), for the words from the beginning to “subsection (2)(a)” there shall be substituted “ OFCOM shall, when determining under subsection (2) ”.
(6) For subsection (6) there shall be substituted—
(6) In this section “electronic signal” means a signal within the meaning of section 32 of the Communications Act 2003.
(7) In this section and section 115 “relevant frequency” means a frequency made available by OFCOM for the purposes of a sound broadcasting service.
(7) This paragraph does not affect the validity of a licence granted or last renewed before the radio transfer date, or the services licensed by any such licence.
Licensing of additional radio services
53 (1) Section 115 of the 1990 Act (licensing of additional radio services) shall be amended as follows.
(2) For “The Authority” and “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), for the words from “of the following” to “114(1)(b)” there shall be substituted “ relevant frequency ”.
(4) In subsection (4), at the end there shall be inserted “ and who would not be in contravention of the requirements imposed by or under Schedule 14 to the Communications Act 2003 if he held such a licence ”.
(5) In subsection (8), for “local, restricted or satellite service” there shall be substituted “ local or restricted service or to provide a radio licensable content service ”.
Applications for additional radio services licences
54 (1) Section 116 of the 1990 Act (applications for additional radio services licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1)(b)(iii), the words “(subject to the approval of the Secretary of State)” shall be omitted.
Procedure for awarding additional radio services licences
55 (1) Section 117 of the 1990 Act (procedure for awarding additional radio services licences) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), for paragraph (a) (requirement of approval of technical plans) there shall be substituted—
(a) that the technical plan submitted under section 116(3)(b), in so far as it involves the use of an electronic communications network (within the meaning of the Communications Act 2003), contains proposals that are acceptable to them; and
.
(4) Subsections (2) and (7) shall cease to have effect.
Additional payments in respect of additional radio services licences
56 In section 118 of the 1990 Act (additional payments in respect of additional radio services licences), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Additional radio services not to interfere with other transmissions
57 (1) Section 119 of the 1990 Act (additional radio services not to interfere with other transmissions) shall be amended as follows.
(2) In subsection (1), for “the Authority” there shall be substituted “ OFCOM ”.
(3) Subsection (2) shall cease to have effect.
Enforcement of additional radio services licences
58 In section 120 of the 1990 Act (enforcement of additional radio services licences), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Interpretation
59 In subsection (1) of section 126 of the 1990 Act (interpretation of Part 3)—
(a) for the definition of “independent radio service” there shall be substituted—
“independent radio service” means a service falling to be regulated under section 245 of the Communications Act 2003;
;
(b) for the definitions of “local service”, “national service”, “restricted service” and “satellite service” there shall be substituted—
“local service”, “national service” and “restricted service” each has the same meaning as in section 245 of the Communications Act 2003;
“pre-transfer local licence” and “pre-transfer national licence” each has the same meaning as in section 253 of that Act;
“radio licensable content service” has the same meaning as in Part 3 of that Act;
“radio transfer date” has the same meaning as in that Act;
;
(c) in the definition of “sound broadcasting service” for the words from “(as defined” to the end there shall be substituted “ (within the meaning of Part 3 of the Communications Act 2003); ”.
Duty to provide advance information about programmes
60 In column 1 of the Table in section 176(7) of the 1990 Act (persons who are the providers of services for the purposes of the obligations to give advance information about programmes)—
(a) for “regulation by the Independent Television Commission” there shall be substituted “ regulation by OFCOM ”;
(b) for “The television broadcasting service provided by the Welsh Authority and the service referred to in section 57(1A)(a)” there shall be substituted “ The public television services of the Welsh Authority (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003) ”;
(c) for “section 84(2)(a)(i)” there shall be substituted “ section 126(1) ”;
(d) for “the Radio Authority”, in both places, there shall be substituted “ OFCOM ”.
Proscription of foreign satellite services
61 (1) Section 177 of the 1990 Act (proscription of foreign satellite stations) shall be amended as follows.
(2) In subsection (2), for “the Independent Television Commission or the Radio Authority consider that the quality of any relevant” there shall be substituted “ OFCOM consider that the quality of any ”.
(3) In subsection (3), for the words from the beginning to “Authority” there shall be substituted “ OFCOM ”.
(4) In subsection (6), the definition of “relevant foreign satellite service” shall be omitted.
Financing of Gaelic Broadcasting
62 (1) Section 183 of the 1990 Act (financing of Gaelic Broadcasting) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (2), for “by them under this section to be” there shall be substituted “ by the Independent Television Commission under this section and ”.
(4) This paragraph—
(a) so far as it relates to subsection (1) of section 183 has effect in relation only to financial years beginning after the television transfer date; and
(b) so far as it relates to subsection (2) of that section does not apply to amounts paid for earlier financial years.
Gaelic Broadcasting in Scotland
63 (1) Section 184 of the 1990 Act (broadcasting of programmes in Gaelic on Channel 3 in Scotland) shall be amended as follows.
(2) In subsection (1), for the words “subsection (2)” there shall be substituted “ subsection (1)(a) ”.
(3) In subsection (3), for the words from “The conditions” to “the purpose of” there shall be substituted “ The regulatory regime for a service to which this section applies includes the conditions that OFCOM consider appropriate for ”.
(4) After that subsection there shall be inserted—
(3A) Section 263 of the Communications Act 2003 (regulatory regime) applies in relation to conditions included by virtue of subsection (3) in the regulatory regime for a licensed service as it applies in relation to conditions which are so included by virtue of a provision of Chapter 4 of Part 3 of that Act.
(5) In subsection (4)(b), for “the Commission” there shall be substituted “ OFCOM ”.
Maintenance of the national television archive
64 (1) In section 185 of the 1990 Act (maintenance of the national television archive)—
(a) for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(b) in subsection (5), the definition of “the Commission” shall be omitted.
(2) This paragraph so far as it relates to subsection (1) of that section has effect in relation only to financial years beginning after the television transfer date.
Modification of networking arrangements
65 (1) Section 193 of the 1990 Act (modification of networking arrangements in consequence of competition legislation) shall be amended as follows.
(2) In subsection (1), for the words from “the Office of Fair Trading” to “relevant authority')” there shall be substituted “ the relevant authority ”.
(3) After subsection (2) there shall be inserted—
(2A) In subsection (1), “relevant authority” means—
(a) in relation to a relevant order falling within subsection (2)(a), the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State;
(b) in relation to a relevant order falling within subsection (2)(b), the Office of Fair Trading, the Competition Commission, the Secretary of State or (as the case may be) OFCOM.
(4) In subsection (4), for “section 39(1) above” there shall be substituted “ section 290(4) of the Communications Act 2003 ”.
Search warrants
66 (1) Section 196 of the 1990 Act (grant of search warrant to person authorised by the Independent Television Commission or the Radio Authority) shall be amended as follows.
(2) In subsection (1), for “the relevant authority” there shall be substituted “ OFCOM ”.
(3) Subsection (2) (definition of “relevant authority”) shall be omitted.
Notices
67 In section 199(5) of the 1990 Act (publication of notices), for paragraphs (a) and (b) there shall be substituted “ by OFCOM under section 21, 41, 42, 55, 103, 109, 110, 111 or 120 ”.
Interpretation
68 (1) Section 202 of the 1990 Act (general interpretation) shall be amended as follows.
(2) In subsection (1), after the definition of “modifications” there shall be inserted—
“OFCOM” means the Office of Communications;
.
(3) After subsection (6) there shall be inserted—
(6A) Subsections (2) and (3) of section 362 of the Communications Act 2003 (persons by whom services provided) are to apply for the purposes of this Act as they apply for the purposes of Part 3 of that Act.
Disqualified persons
69 (1) Schedule 2 to the 1990 Act (restrictions on the holding of licences) shall be amended as follows.
(2) In paragraph 1(1) of Part 1, after the definition of “associate” there shall be inserted—
“Broadcasting Act licence” means a licence under Part 1 or 3 of this Act or Part 1 or 2 of the Broadcasting Act 1996;
.
(3) In paragraph 1(6) of Part 1 (meaning of “more than a 20 per cent. interest”), for “20 per cent.”, wherever occurring, there shall be substituted “ 5 per cent. ”.
(4) In Part 2 (disqualified persons), for “a licence granted by the Commission or the Authority”, wherever occurring, there shall be substituted “ a Broadcasting Act licence ”.
(5) In paragraph 1(1)(i) of Part 2 (bodies controlled by persons falling within paragraphs (a) to (g)), for “(a)” there shall be substituted “ (c) ”.
(6) In paragraph 3(1) of Part 2, for “by the Authority” there shall be substituted “ under Part 3 of this Act or Part 2 of the Broadcasting Act 1996 ”.
(7) In paragraph 4(1) of Part 2, for “that body” there shall be substituted “ OFCOM ”.
(8) In paragraph 4(2) of Part 2—
(a) in paragraph (a), for “by the Commission, means a body” there shall be substituted “ under Part 1 of this Act or Part 1 of the Broadcasting Act 1996, means a person ”; and
(b) in paragraph (b), for “by the Authority, means a body” there shall be substituted “ under Part 3 of this Act or Part 2 of the Broadcasting Act 1996, means a person ”.
(9) In paragraph 5A of Part 2—
(a) in sub-paragraph (1)(a), the words “granted by the Commission”,
(b) sub-paragraph (1)(b) and the word “and” immediately preceding it,
(c) in sub-paragraph (2), the words “granted by the Authority”,
shall be omitted.
C4C
70 (1) Schedule 3 to the 1990 Act (provision about constitution and management of C4C) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In paragraph 2(1) (persons disqualified from membership of the Corporation), for paragraphs (b) to (d) there shall be substituted
or
(b) a member or employee of OFCOM.
The Welsh Authority
71 (1) Schedule 6 to the 1990 Act (provision about constitution and management of the Welsh Authority) shall be amended as follows.
(2) In paragraph 2 (persons disqualified from membership of the Authority)—
(a) sub-paragraph (1) shall be omitted; and
(b) in sub-paragraph (2)(b), for “the Commission” there shall be substituted “ OFCOM ”.
(3) In paragraph 12(1A), for the words from “the general fund” onwards there shall be substituted “ the assets of the Authority that are not comprised in that fund; and accordingly, the statement must deal with liabilities separately according to whether they fall to be met from that fund or from those assets. ”
Computation of qualifying revenue
72 (1) Schedule 7 to the 1990 Act (computation of “qualifying revenue”) shall be amended as follows.
(2) In Part 1, for “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In Part 2, for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
The Gaelic Television Committee
73 (1) Schedule 19 to the 1990 Act (Gaelic Television Committee) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) For “Committee”, wherever occurring, there shall be substituted “ Service ”.
(4) In paragraph 8(c), the words “and (where the expenses relate to the Commission’s functions in connection with sound programmes) the Radio Authority” shall be omitted.
(5) In paragraph 11(4), the words “or the Radio Authority” and “or (as the case may be) the Authority” shall be omitted.
Part 2 Amendments of the 1996 Act
Multiplex services and digital programme services
74 (1) Section 1 of the 1996 Act (interpretation) shall be amended as follows.
(2) For subsection (1) there shall be substituted—
(1) In this Part “multiplex service” means (except where the context otherwise requires) a television multiplex service.
(3) In subsection (4), for “for general reception” there shall be substituted “ so as to be available for reception by members of the public ”.
(4) For subsection (4A) there shall be substituted—
(4A) In subsection (4), “available for reception by members of the public” means available for reception by members of the public (within the meaning of Part 3 of the Communications Act 2003) in the United Kingdom or another EEA State, or in an area of the United Kingdom or of such a State.
(5) For subsection (7) of that section there shall be substituted—
(7) In this section “broadcast” means broadcast otherwise than from a satellite.
Meaning of qualifying service
75 In section 2 of the 1996 Act (meaning of “qualifying service” etc.), for subsections (2) to (6) there shall be substituted—
(2) In this Part “qualifying service” means any of the following, so far as they are provided with a view to their being broadcast in digital form—
(a) a television broadcasting service included in Channel 3;
(b) Channel 4;
(c) Channel 5;
(d) S4C Digital;
(e) a television programme service provided by the Welsh Authority with the approval of the Secretary of State under section 205 of the Communications Act 2003;
(f) the digital public teletext service.
Licences under Part 1
76 (1) Section 3 of the 1996 Act (licences under Part 1 of that Act) shall be amended as follows.
(2) In subsection (1), for “the Independent Television Commission (in this Part referred to as the “the Commission”)” there shall be substituted “ OFCOM ”.
(3) In subsections (3) to (7), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(4) For subsection (8) there shall be substituted—
(8) The holding by a person of a licence under this Part shall not relieve him of—
(a) any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or
(b) any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).
Licence conditions
77 (1) Section 4 of the 1996 Act (general licence conditions) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1), in each of paragraphs (a) and (c), for “the 1990 Act or this Act” there shall be substituted “ this Act, the 1990 Act or the Communications Act 2003 ”.
(4) In subsection (3) (fixing fees), the words from “and the amount” onwards shall be omitted.
Restrictions on digital licence holding
78 (1) Section 5 of the 1996 Act (restrictions on holding licences) shall be amended as follows.
(2) For “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (2) (incidental requirements to provide information), after paragraph (d) there shall be inserted—
(da) impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—
(i) shareholdings in the body; or
(ii) the directors of the body;
(db) impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—
(i) whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2 to the 1990 Act; or
(ii) whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;
.
(4) In subsection (6)—
(a) in paragraph (a), for “complained of” there shall be substituted “ constituting their grounds for revoking the licence ”.
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2 to the 1990 Act” there shall be substituted “ the requirements imposed by or under Schedule 14 to the Communications Act 2003 ”.
(5) In subsection (7)—
(a) paragraph (a) shall cease to have effect; and
(b) in paragraph (b), for “Part IV of that Schedule” there shall be substituted “ Part 1 of Schedule 14 to the Communications Act 2003 ”.
(6) In subsection (8), for the words from “a failure” to the end of paragraph (c) there shall be substituted “ a disqualification under Part 2 of Schedule 2 to the 1990 Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003, ”.
Multiplex licences
79 (1) Section 7 of the 1996 Act (multiplex licences) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (4)—
(a) after paragraph (c) there shall be inserted—
(ca) the applicant’s proposals as to the number (if any) of digital sound programmes services which are to be broadcast, as to the characteristics of each of those services and as to the areas in which they would be provided;
(b) in paragraph (d) for “those services” there shall be substituted “ the services mentioned in paragraphs (c) and (ca) ”.
Award of multiplex licences
80 (1) Section 8 of the 1996 Act (award of multiplex licences) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (2)(f), after “digital programme service” there shall be inserted “ , digital sound programme service ”.
Power to require two or more multiplex licences to be granted to one person
81 In section 9 of the 1996 Act (grant of two or more multiplex licences to one person), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Award of multiplex licences subject to conditions
82 (1) Section 10 of the 1996 Act (award of multiplex licences subject to conditions) shall be amended as follows.
(2) For “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1)(a), for “the 1990 Act or this Act” there shall be substituted “ this Act, the 1990 Act or Part 3 of the Communications Act 2003 ”.
Failure to provide licensed service and revocation
83 In section 11 of the 1996 Act (failure to provide licensed service and revocation), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Conditions attached to multiplex licences
84 In section 12 of the 1996 Act (conditions attached to multiplex licences), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Additional payments in respect of multiplex licences
85 In section 13 of the 1996 Act (additional payments in respect of multiplex licences), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Multiplex revenue
86 (1) Section 14 of the 1996 Act (multiplex revenue) shall be amended as follows.
(2) In subsection (1)—
(a) for “section 13(1)” there shall be substituted “ this Part ”;
(b) for “the holder of a multiplex licence” there shall be substituted “ the person who is the multiplex provider in relation to any television multiplex service or any general multiplex service ”;
(c) in paragraph (a), for “the multiplex service to which the licence relates” there shall be substituted “ the relevant multiplex ”;
(d) in paragraph (b) for “of any qualifying service by means of the multiplex service” there shall be substituted “ by means of the multiplex service of any service which is a qualifying service or which (without being a qualifying service) is provided by the BBC ”;
(e) in paragraphs (c) and (d), for “the holder of the multiplex licence” and “the multiplex service”, in each place where they occur there shall be substituted, respectively, “ the multiplex provider ” and “ the relevant multiplex ”.
(3) In subsections (2) to (8)—
(a) for the words “the holder of the multiplex licence” and “the licence holder”, wherever occurring, there shall be substituted, in each case, “ the multiplex provider ”; and
(b) for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(4) In subsection (9)—
(a) for “a multiplex licence”, in each place, there shall be substituted “ a television multiplex service or a general multiplex service ”;
(b) for “the multiplex service to which the licence relates”, in each place, there shall be substituted “ that multiplex service ”;
(c) after the definition of “additional services provider” there shall be inserted—
“multiplex provider”—
(a) in relation to a television multiplex service for which a person holds a licence under this Part, means the licence holder; and
(b) in relation to a television multiplex service which is not licensed under this Part or a general multiplex service, means the person who provides that service;
(d) after the definition of “programme provider” there shall be inserted—
“the relevant multiplex”—
(a) in relation to a multiplex provider falling within paragraph (a) of the definition of that expression, means the television multiplex service to which his licence relates; and
(b) in relation to any other multiplex provider, means the television multiplex service or general multiplex service which is provided by him;
and this section and section 15 shall have effect as if references in this section to digital programme services included references to digital sound programme services and references to digital additional services included references to digital additional services within the meaning of Part 2.
Attribution of multiplex revenue to multiplex providers
87 (1) Section 15 of the 1996 Act (attribution of multiplex revenue to licence holder) shall be amended as follows.
(2) In subsection (1)—
(a) for “the holder of a multiplex licence” there shall be substituted “ the person who is the multiplex provider in relation to any television multiplex service ”;
(b) for “of multiplex services in that period,” there shall be substituted “ in that period of television multiplex services, ”;
(c) for “the holder of the multiplex licence” there shall be substituted, “ the multiplex provider ”.
(3) In subsection (2)—
(a) for “a multiplex service” there shall be substituted “ a television multiplex service or a general multiplex service ”;
(b) for “the holder of the multiplex licence”, wherever occurring, there shall be substituted “ the multiplex provider ”.
(4) In subsection (3)—
(a) for “the Commission” there shall be substituted “ OFCOM ”; and
(b) for “the holder of the multiplex licence” there shall be substituted “ the multiplex provider ”.
(5) In subsection (4)—
(a) after “additional services provider” there shall be inserted “ , ‘multiplex provider’ ”; and
(b) for “a multiplex licence” there shall be substituted “ a television multiplex service or a general multiplex service ”.
Duration of multiplex licences
88 (1) Section 16 of the 1996 Act (duration and renewal of multiplex licences) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (3), after “not later than” there shall be inserted “ the day falling three months before ”.
(4) After subsection (12), there shall be inserted—
(12A) A determination for the purposes of subsection (12)—
(a) must be made at least one year before the date determined; and
(b) must be notified by OFCOM to the person who holds the licence in question.
Enforcement of multiplex licences
89 In section 17 of the 1996 Act (enforcement of multiplex licences), for “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Licensing of digital programme services
90 (1) Section 18 of the 1996 Act (licensing of digital programme services) shall be amended as follows.
(2) In subsections (1) to (4), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall cease to have effect.
Conditions of licences for digital programme services
91 (1) Section 19 of the 1996 Act (conditions of licences for digital programme services) shall be amended as follows.
(2) In subsection (3)—
(a) for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”;
(b) in paragraphs (a) and (c), for “the holder of a multiplex licence” there shall be substituted, in each case, “ the provider of a television multiplex service or general multiplex service ”;
(c) in paragraph (a), for “by means of a multiplex service” there shall be substituted “ by means of that provider’s service ”; and
(d) in paragraph (a)(i), for “the identity of the multiplex service” there shall be substituted “ the identity of the service by means of which it will be broadcast ”.
(3) Subsections (2) and (4) to (10) of that section shall cease to have effect.
Duration and enforcement of multiplex licenses
92 (1) Section 23 of the 1996 Act (enforcement of digital programme licences) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (4), for the words from “multiplex service” onwards there shall be substituted “ television multiplex service or general multiplex service, means the last accounting period of the multiplex provider ”.
(4) In subsection (5), for “multiplex service, the first accounting period of the holder of the multiplex licence” there shall be substituted “ television multiplex service or general multiplex service, the first accounting period of the multiplex provider ”.
(5) After that subsection there shall be inserted—
(5A) In subsections (4) and (5) “multiplex provider” has the same meaning as in section 14.
(6) In subsection (8) for “apology” there shall be substituted “ statement of findings ”.
Digital additional services
93 (1) Section 24 of the 1996 Act (digital additional services) shall be amended as follows.
(2) In subsection (1), for paragraphs (a) and (b) there shall be substituted—
(a) is provided by a person with a view to its being broadcast in digital form (whether by him or some other person) so as to be available for reception by members of the public;
(b) is so provided with a view either—
(i) to the broadcasting being by means of a television multiplex service or by means of a general multiplex service; or
(ii) to the members of the public in question being or including members of the public in an EEA State other than the United Kingdom, or in an area of such a State;
and
(c) is not a Channel 3 service, Channel 4, Channel 5, a public television service of the Welsh Authority, the digital public teletext service, a digital programme service, a digital sound programme service, an ancillary service or a technical service.
(3) In subsection (2) (meaning of ancillary service)—
(a) for “an independent analogue broadcaster” there shall be substituted “ a relevant public service broadcaster ”; and
(b) for paragraphs (a) and (b) there shall be substituted—
(a) assistance for disabled people in relation to some or all of the programmes included in a digital programme service or qualifying service provided by him;
(b) a service (apart from advertising) that relates to the promotion or listing of programmes included in such a service or in a digital sound programme service so provided; or
(c) any other service (apart from advertising) that is ancillary to one or more programmes so included, and relates directly to their contents.
(4) In subsection (3)(a), after “digital programme services” there shall be inserted “ , digital sound programme services ”.
(5) After subsection (3) there shall be inserted—
(3A) In this section—
“assistance for disabled people” has the same meaning as in Part 3 of the Communications Act 2003;
“available for reception by members of the public” shall be construed in accordance with section 361 of that Act;
“public television service of the Welsh Authority” means—
(a) S4C Digital; or
(b) any television programme service the provision of which by the Authority is authorised by or under section 205 of that Act and which is provided in digital form;
“relevant public service broadcaster” means any of the following—
(a) a person licensed under Part 1 of the 1990 Act to provide a Channel 3 service;
(b) the Channel 4 Corporation;
(c) a person licensed under Part 1 of the 1990 Act to provide Channel 5;
(d) the BBC;
(e) the Welsh Authority;
(f) the public teletext provider.
Licensing of digital additional services
94 (1) Section 25 of the 1996 Act (licensing of digital additional services) shall be amended as follows.
(2) In subsections (1) to (4), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) After subsection (4) there shall be inserted—
(4A) A digital additional services licence is not required for a service that is or is comprised in a qualifying service.
(4) Subsections (5) and (6) (application of sections 6 to 12 of the 1990 Act) shall cease to have effect.
Conditions of digital additional services licence
95 (1) Section 26 of the 1996 Act (conditions of licences for digital additional services) shall be amended as follows.
(2) In subsection (2)—
(a) for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”;
(b) in paragraphs (a) and (c), for “the holder of a multiplex licence” there shall be substituted, in each case, “ the provider of a television multiplex service or general multiplex service ”;
(c) in paragraph (a), for “by means of a multiplex service” there shall be substituted “ by means of that provider’s service ”; and
(d) in paragraph (a)(i), for “the identity of the multiplex service” there shall be substituted “ the identity of the service by means of which it will be broadcast ”.
Enforcement of digital additional television services licences
96 (1) Section 27 of the 1996 Act (enforcement of digital additional television services licences) shall be amended as follows.
(2) For “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (4), for the words from “multiplex service” onwards there shall be substituted “ television multiplex service or general multiplex service, means the last accounting period of the multiplex provider ”.
(4) In subsection (5), for “multiplex service, the first accounting period of the holder of the multiplex licence” there shall be substituted “ television multiplex service or general multiplex service, the first accounting period of the multiplex provider ”.
(5) After that subsection there shall be inserted—
(5A) In subsections (4) and (5) “multiplex provider” has the same meaning as in section 14.
Digital broadcasting of Gaelic programmes
97 (1) Section 32 of the 1996 Act (digital broadcasting of Gaelic programmes) shall be amended as follows.
(2) In subsection (1), for “the Commission to include in any multiplex licence granted in respect of one frequency to which section 28 applies” there shall be substituted “ OFCOM to include in no more than one relevant multiplex licence ”.
(3) In subsection (7), for “Comataidh Craolaidh Gaidhlig” there shall be substituted “ Seirbheis nam Meadhanan Gàidhlig ”.
(4) For subsection (9) there shall be substituted—
(9) In this section—
“Gaelic” means the Gaelic language as spoken in Scotland;
“relevant multiplex licence” means a multiplex licence in respect of which the Secretary of State has made an order under section 243(3) of the Communications Act 2003;
“television broadcasting service” has the same meaning as in Part 3 of the Communications Act 2003.
Review of digital television broadcasting
98 (1) Section 33 of the 1996 Act (review of digital television broadcasting) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1)(a)(ii), for the words “services specified in section 2(3), S4C Digital, the qualifying teletext service” there shall be substituted “ following services, namely, Channel 3 services, Channel 4, Channel 5, the public television services of the Welsh Authority (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003), the digital public teletext service ”.
Enforcement of licences held by BBC companies
99 In section 35 of the 1996 Act (enforcement of licences held by BBC companies), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
Interpretation of Part 1
100 In section 39(1) (interpretation of Part 1)—
(a) after the definition of “digital programme service” there shall be inserted—
“digital public teletext service” has the same meaning as in Part 3 of the Communications Act 2003;
“digital sound programme service” has the same meaning as in Part 2 of this Act;
“general multiplex service” has the same meaning as in that Part;
.
(b) for the definition of “public teletext provider” there shall be substituted—
“public teletext provider” means the person for the time being licensed under Part 1 of the 1990 Act to provide the public teletext service (within the meaning of Part 3 of the Communications Act 2003);
(c) for the definitions of “S4C” and “on S4C” and of “S4C Digital” and “on S4C Digital” there shall be substituted—
“S4C” and “S4C Digital” each has the same meaning as in Part 3 of the Communications Act 2003;
.
(d) after the definition of “technical service” there shall be inserted—
“television multiplex service” has the meaning given by section 241 of the Communications Act 2003.
Radio multiplex services
101 (1) Section 40 of the 1996 Act (radio multiplex services) shall be amended as follows.
(2) For subsections (1) to (3) there shall be substituted—
(1) In this Part “radio multiplex service” means a radio multiplex service within the meaning of Part 3 of the Communications Act 2003.
(3) In subsection (4) (local and national multiplex services), the words “provided on a frequency or frequencies assigned to the Authority under section 45(1)” shall be omitted.
(4) In subsection (5), for “for general reception” there shall be substituted “ so as to be available for reception by members of the public ”.
(5) For subsection (8) of that section there shall be substituted—
(8) In this section—
“available for reception by members of the public” shall be construed in accordance with section 361 of the Communications Act 2003;
“broadcast” means broadcast otherwise than from a satellite.
Licences under Part 2 of the 1996 Act
102 (1) Section 42 of the 1996 Act (licences under Part 2) shall be amended as follows.
(2) In subsection (1), for “the Radio Authority (in this Part referred to as “the Authority”)” there shall be substituted “ OFCOM ”.
(3) In subsections (2), (5) and (6), for “The Authority” and “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(4) For subsection (3) (variation of licences) there shall be substituted—
(3) OFCOM may vary a licence by a notice served on the licence holder.
(3A) OFCOM shall not vary—
(a) the period for which a licence having effect for a specified period is to continue in force, or
(b) increase the total amount of digital capacity specified in a national radio multiplex licence for the purposes of section 48(1A),
unless the licence holder consents.
(3B) OFCOM shall not make any other variation of a licence unless the licence holder has been given a reasonable opportunity of making representations to OFCOM about the variation.
(5) In subsection (4) (exceptions from power to vary licences), for “Paragraph (a) of subsection (3)” there shall be substituted “ Paragraph (a) of subsection (3A) ”.
(6) For subsection (7) there shall be substituted—
(7) The holding of a licence by a person shall not relieve him—
(a) of any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or
(b) of any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).
General licence conditions
103 (1) Section 43 of the 1996 Act (general licence conditions) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1) (conditions may include conditions to give effect to duties imposed by or under 1990 Act or 1996 Act)—
(a) in paragraph (a), for “the 1990 Act or this Act” there shall be substituted “ this Act, the 1990 Act or the Communications Act 2003 ”; and
(b) in paragraph (d), after “this Act” there shall be inserted “ , the 1990 Act or the Communications Act 2003 ”.
(4) In subsection (2), sub-paragraph (ii) of paragraph (b) and the word “or” immediately preceding it shall be omitted.
(5) In subsection (3) (fixing of fees), the words from “and the amount” onwards shall be omitted.
Restrictions on holding licences
104 (1) Section 44 of the 1996 Act (restrictions on the holding of licences) shall be amended as follows.
(2) For “The Authority” and “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (2) (incidental requirements to provide information), after paragraph (d) there shall be inserted—
(da) impose conditions in a licence requiring the licence holder, if a body corporate, to give OFCOM notice, after they have occurred and irrespective of whether proposals for them have fallen to be notified, of changes, transactions or events affecting—
(i) shareholdings in the body; or
(ii) the directors of the body;
(db) impose conditions in a licence enabling OFCOM to require the licence holder to provide them with such information as they may reasonably require for determining—
(i) whether the licence holder is a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2 to the 1990 Act; or
(ii) whether any such requirements as are mentioned in subsection (1)(b) have been and are being complied with by or in relation to the licence holder;
.
(4) In subsection (6)—
(a) in paragraph (a), for “complained of” there shall be substituted “ constituting their grounds for revoking the licence ”; and
(b) in paragraph (b)(i), for “Parts III and IV of Schedule 2 to the 1990 Act” there shall be substituted “ the requirements imposed by or under Schedule 14 to the Communications Act 2003 ”.
(5) In subsection (7)—
(a) paragraph (a) shall cease to have effect; and
(b) in paragraph (b), for “Part IV of that Schedule” there shall be substituted “ Part 1 of Schedule 14 to the Communications Act 2003 ”.
(6) In subsection (8), for the words from “a failure” to the end of paragraph (c) there shall be substituted “ a disqualification under Part 2 of Schedule 2 to the 1990 Act or a contravention of a requirement imposed by or under Schedule 14 to the Communications Act 2003, ”.
National radio multiplex licences
105 (1) Section 46 of the 1996 Act (national radio multiplex licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1)(d), for “a direction” there shall be substituted “ a condition ”.
Award of national radio multiplex licences
106 In section 47 of the 1996 Act (award of national radio multiplex licences), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Reservation of capacity for independent national broadcasters
107 (1) Section 48 of the 1996 Act (reservation of digital capacity for independent broadcasters) shall be amended as follows.
(2) For subsections (1) to (3) there shall be substituted—
(1A) OFCOM must ensure that the conditions included in national radio multiplex licences (taken together) secure that an amount of digital capacity on the multiplex frequencies is reserved for every independent national broadcaster for the broadcasting of a simulcast radio service provided by that broadcaster.
(1B) Where the conditions of a licence for a national radio multiplex service reserve capacity on the frequency made available for that service for the broadcasting of a simulcast radio service provided by an independent national broadcaster, those conditions must also include the condition specified in subsection (1C).
(1C) That condition is the condition that OFCOM consider appropriate for securing that, in consideration of the making by the independent national broadcaster of the payments which —
(a) are agreed from time to time between him and the licence holder, or
(b) in default of agreement, are determined under this section,
the licence holder uses, for the broadcasting of a simulcast radio service provided by that broadcaster, such of the reserved digital capacity as may be requested, from time to time, by that broadcaster.
(1D) Where conditions are included under this section in a national radio multiplex licence reserving capacity for an independent national broadcaster, OFCOM may include conditions relating to the broadcasting of the simulcast radio service in the licence for the national service provided by that broadcaster.
(3) In subsections (4) to (6), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(4) In subsection (4), for “subsection (3)(a)” there shall be substituted “ subsection (1C) ”.
(5) After subsection (6) there shall be inserted—
(7) In this section “the multiplex frequencies” means the frequencies made available for the purposes of licensed national radio multiplex services.
Reservation of digital capacity for BBC
108 (1) Section 49 of the 1996 Act (reservation of digital capacity for BBC) shall be amended as follows.
(2) In subsections (1) to (3) and (6), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (4) (determination of capacity to be reserved), for the words from “If the BBC” to “the Secretary of State, who may” there shall be substituted “ If the BBC do not give their consent to the proposals within such period as OFCOM may specify in their notice under subsection (3), OFCOM shall ”.
(4) In subsection (5), for words from “the Secretary of State” onwards there shall be substituted “ OFCOM shall give the BBC an opportunity of making representations to them about their proposals. ”
(5) In subsection (6), after “and the BBC” there shall be inserted “ or (in default of agreement) determined under this section ”.
(6) After that subsection there shall be inserted—
(7) Where the holder of the licence and the BBC fail to agree—
(a) the payments to be made under a condition included in the licence in accordance with subsection (6), or
(b) the other terms that are to apply in relation to the use of digital capacity in accordance with such a condition,
either of them may refer the matter to OFCOM for determination.
(8) Before making a determination under subsection (7), OFCOM must give the licence holder and the BBC an opportunity of making representations to them about the matter.
(9) In making any determination under subsection (7), OFCOM shall have regard to—
(a) the expenses incurred, or likely to be incurred, by the licence holder in providing the local radio multiplex service in question, and
(b) the terms on which persons providing local radio multiplex services contract with persons providing local digital additional services for the broadcasting of those services.
Local radio multiplex licences
109 (1) Section 50 of the 1996 Act (local radio multiplex licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (1)(b), for “the Secretary of State has” there shall be substituted “ OFCOM have ”.
(4) In subsection (2)(d), for “direction under section 49” substitute “ determination under section 49(4) ”.
Award of local multiplex licences
110 (1) Section 51 of the 1996 Act (award of local multiplex licences) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (2), for paragraph (f) there shall be substituted—
(f) the extent to which there is evidence that, amongst persons living in that area or locality, there is a demand for, or support for, the provision of the proposed service; and
.
Power to require two or more local radio multiplex licences to be granted to one person
111 In section 52 of the 1996 Act (power to require two or more local radio multiplex licences to be granted to one person), for “The Authority” and “the Authority” there shall be substituted “ OFCOM ”.
Failure to begin to provide licensed service
112 In section 53 of the 1996 Act (failure to provide licensed service), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Conditions which may be attached to radio multiplex licences
113 In section 54 of the 1996 Act (conditions which may be attached to a radio multiplex licence), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Additional payments to be made in respect of national radio multiplex licences
114 In section 55 of the 1996 Act (additional payments to be made in respect of national radio multiplex licences) for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Multiplex revenue
115 (1) Section 56 of the 1996 Act (multiplex revenue) shall be amended as follows.
(2) In subsection (1)—
(a) for “section 55(1)” there shall be substituted “ this Part ”;
(b) for “the holder of a national radio multiplex licence” there shall be substituted “ the person who is the multiplex provider in relation to a national radio multiplex service ”;
(c) in paragraph (a)(i), “to which the licence relates” shall be omitted;
(d) in paragraphs (c) and (d), for “the holder of the radio multiplex licence” there shall be substituted “ the multiplex provider ”.
(3) In subsections (2) to (8)—
(a) for “the holder of the radio multiplex licence”, “the licence holder” and “the holder of the multiplex licence”, wherever occurring, there shall be substituted, in each case, “ the multiplex provider ”; and
(b) for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(4) In subsection (9)—
(a) for “a national radio multiplex licence”, in each place, there shall be substituted “ a national radio multiplex service ”;
(b) for “the radio multiplex service to which the licence relates”, in each place, there shall be substituted “ that radio multiplex service ”;
(c) after the definition of “additional services provider” there shall be inserted—
“multiplex provider”—
(a) in relation to a national radio multiplex service for which a person holds a licence under this Part, means the licence holder; and
(b) in relation to a national radio multiplex service which is not licensed under this Part, means the person who provides that service.
Attribution of radio multiplex revenue
116 (1) Section 57 of the 1996 Act (attribution of radio multiplex revenue) shall be amended as follows.
(2) In subsection (1)—
(a) for “the holder of a national radio multiplex licence” there shall be substituted “ the person who is the multiplex provider in relation to a national radio multiplex service ”; and
(b) for “the holder of the national radio multiplex licence” there shall be substituted “ the multiplex provider ”.
(3) In subsection (2), for “the holder of the radio multiplex licence”, wherever occurring, there shall be substituted “ the multiplex provider ”.
(4) In subsection (3)—
(a) for “the Authority” there shall be substituted “ OFCOM ”; and
(b) for “the holder of the national radio multiplex licence” there shall be substituted “ the multiplex provider ”.
(5) In subsection (4)—
(a) after “‘additional services provider’” there shall be inserted “ ‘, multiplex provider’ ”; and
(b) for “a national radio multiplex licence” there shall be substituted “ a national radio multiplex service ”.
Duration and renewal of radio multiplex licences
117 (1) Section 58 of the 1996 Act (duration and renewal of radio multiplex licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (3), after “not later than” there shall be inserted “ the day falling three months before ”.
(4) Subsection (5) (consent of the Secretary of State for exercise of certain powers in connection with renewal) shall cease to have effect.
(5) After subsection (12) there shall be inserted—
(12A) A determination for the purposes of subsection (12)—
(a) must be made at least one year before the date determined; and
(b) must be notified by OFCOM to the person who holds the licence in question.
Enforcement of radio multiplex licences
118 In section 59 of the 1996 Act (enforcement of radio multiplex licences), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Digital sound programme licensing
119 (1) Section 60 of the 1996 Act (digital sound programme licensing) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) After subsection (6), there shall be inserted—
(6A) Section 89 of the 1990 Act (disqualification from being licence holder or concerned with the provision of a programme service if convicted of a transmitting offence) shall apply in relation to a licence under this section as it applies to a licence under Part 3 of that Act, but with the omission of paragraph (b) of subsection (3) of that section and of the word “or” immediately before that paragraph.
(4) Sub-paragraph (3) does not impose a disqualification in respect of any offence committed before the commencement of that sub-paragraph.
Conditions of digital sound programme licences
120 (1) Section 61 of the 1996 Act (conditions of licences for digital sound programme services) shall be amended as follows.
(2) In subsection (2)—
(a) for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”;
(b) in paragraphs (a) and (c), for “the holder of a radio multiplex licence”, there shall be substituted, in each case, “ the provider of a radio multiplex service, of a television multiplex service or of a general multiplex service ”;
(c) in paragraph (a) for “by means of a radio multiplex service” there shall be substituted “ by means of the multiplex service ”; and
(d) in paragraph (a)(i) for “radio multiplex service” there shall be substituted “ multiplex service ”.
Enforcement of digital sound programme licences
121 (1) Section 62 of the 1996 Act (enforcement of digital sound programme licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (4), for the words from “national radio multiplex service” onwards there shall be substituted “ relevant multiplex service, means the last accounting period of the multiplex provider ”.
(4) In subsection (5)—
(a) for “national radio multiplex service” there shall be substituted “ relevant multiplex service ”;
(b) for “holder of the national radio multiplex licence” there shall be substituted “ multiplex provider ”; and
(c) for “the radio multiplex service” and “that radio multiplex service” there shall be substituted “ that relevant multiplex service ”.
(5) After subsection (5A) (inserted by Schedule 13) there shall be inserted—
(5B) For the purposes of this section, a service is a relevant multiplex service if it is—
(a) a national radio multiplex service;
(b) a television multiplex service; or
(c) a general multiplex service.
(5C) In this section, “multiplex provider”—
(a) in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and
(b) in relation to a television multiplex service or a general multiplex service, means the multiplex provider within the meaning of section 14.
(6) In subsection (10) for “apology” there shall be substituted “ statement of findings ”.
Digital additional sound services
122 In section 64 of the 1996 Act (licensing of digital additional sound services), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Conditions of digital additional sound service
123 (1) Section 65 of the 1996 Act (conditions of licences for digital additional sound services) shall be amended as follows.
(2) In subsection (2)—
(a) for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”;
(b) in paragraphs (a) and (c), for “the holder of a radio multiplex licence”, there shall be substituted, in each case, “ the provider of a radio multiplex service or of a general multiplex service ”;
(c) in paragraph (a) for “by means of a radio multiplex service” there shall be substituted “ by means of the multiplex service ”; and
(d) in paragraph (a)(i) for “radio multiplex service” there shall be substituted “ multiplex service ”.
Enforcement of digital additional sound services licences
124 (1) Section 66 of the 1996 Act (enforcement of digital additional services licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (4), for “national radio multiplex service” there shall be substituted “ relevant multiplex service ”.
(4) In subsection (5), for the words from “national radio multiplex service” onwards there shall be substituted “ relevant multiplex service, means the last accounting period of the multiplex provider ”.
(5) In subsection (6)—
(a) for “national radio multiplex service” there shall be substituted “ relevant multiplex service ”;
(b) for “holder of the national radio multiplex licence” there shall be substituted “ multiplex provider ”; and
(c) for “the radio multiplex service” and “that radio multiplex service” there shall be substituted “ that relevant multiplex service ”.
(6) After subsection (6A) (inserted by Schedule 13) there shall be inserted—
(6B) For the purposes of this section, a service is a relevant multiplex service if it is—
(a) a national radio multiplex service; or
(b) a general multiplex service.
(6C) In this section, “multiplex provider”—
(a) in relation to a national radio multiplex service, means the multiplex provider within the meaning of section 56; and
(b) in relation to a general multiplex service, means the multiplex provider within the meaning of section 14.
(7) In subsection (10) for “apology” there shall be substituted “ statement of findings ”.
Review of digital radio broadcasting
125 In section 67 of the 1996 Act (review of digital radio broadcasting), for “the Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
Interpretation
126 In section 72(1) of the 1996 Act (interpretation), for the definition of “radio multiplex service” there shall be substituted—
“radio multiplex service” means a radio multiplex service within the meaning of Part 3 of the Communications Act 2003;
“the radio transfer date” has the same meaning as in the Communications Act 2003;
.
Listed events
127 (1) Section 98 of the 1996 Act (categories of service for the purposes of Part 4 of that Act) shall be amended as follows.
(2) In subsection (3), for the words from “television” onwards there shall be substituted “ licence for the purposes of section 363 of the Communications Act 2003 ”.
(3) In subsection (5), for “The Commission” there shall be substituted “ OFCOM ”.
(4) In subsection (6), for “transmission for general reception of television programmes by satellite” there shall be substituted “ broadcasting of television programmes from a satellite so as to be available for reception by members of the public (within the meaning of Part 3 of the Communications Act 2003) ”.
128 In sections 101, 101B, 102 and 103 of the 1996 Act (restrictions on, and penalties for, televising listed and designated events), for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
129 (1) Section 104 of the 1996 Act (code of guidance) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In subsection (4)(d), the words “by the Commission” and “by them” shall be omitted.
130 In section 104A of the 1996 Act (provision of information about listed and designated events), for “the Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
131 In section 105(1) of the 1996 Act (interpretation of Part 4 etc.), the definition of “the Commission” shall be omitted.
Broadcasting standards
132 (1) Part 5 of the 1996 Act (the Broadcasting Standards Commission) shall be amended as follows.
(2) For “the BSC” and “The BSC”, wherever occurring in any of sections 107, 110, 111, 114, 115, 118 to 121 there shall be substituted “ OFCOM ”.
133 In section 107(5)(b) of the 1996 Act (code relating to avoidance of unjust or unfair treatment etc.), for “the service referred to in section 57(1A)(a) of the 1990 Act” there shall be substituted “ any public service of the Welsh Authority (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003) ”.
134 In section 115 of the 1996 Act (consideration of fairness complaints)
(a) in subsection (2)(d), for “to (c)” there shall be substituted “ or (b) ”; and
(b) in subsection (8), for “they shall send a statement of” there shall be substituted “ OFCOM shall send a copy of ”.
135 In section 117 of the 1996 Act (duty of broadcasting body to retain recordings of programmes), for “sections 115 and 116” there shall be substituted “ section 115 ”.
136 (1) For subsections (1) and (2) of section 119 of the 1996 Act there shall be substituted—
(1) Where OFCOM have considered and adjudicated upon a fairness complaint, they may direct the relevant person to publish the matters mentioned in subsection (3) in such manner, and within such period, as may be specified in the directions.
(2) In that section—
(a) in subsection (4), for “subsection (2)” there shall be substituted “ subsection (1) ”;
(b) in subsection (5), for “(3)(a), (b) or (c)” there shall be substituted “ (3)(a) or (b) ”;
(c) in subsection (6), for “broadcasting or regulatory body” there shall be substituted “ relevant person ” and for “them” there shall be substituted “ him ”;
(d) in subsection (8), the words “or standards complaint” and in paragraph (c) the words “, a regulatory body” shall be omitted;
(e) in subsection (10), for paragraphs (a) and (b) there shall be substituted “ a relevant person ”; and
(f) subsection (12) shall cease to have effect.
(3) After subsection (11) of that section there shall be inserted—
(11A) In this section “relevant person” means—
(a) in a case where the relevant programme was broadcast by a broadcasting body, that body; and
(b) in a case where the relevant programme was included in a licensed service, the licence holder providing that service.
137 In section 130(1) of the 1996 Act (interpretation of Part 5), for paragraphs (b) and (c) of the definition of “licensed service” there shall be substituted—
(aa) the public teletext service,
(b) any relevant independent radio service (within the meaning of section 85 of the 1990 Act),
(c) any additional service (within the meaning of Part 1 of the 1990 Act) which is licensed under that Part,
.
Disqualification on grounds related to political objects
138 (1) Section 143 of the 1996 Act (disqualification on grounds related to political objects) shall be amended as follows.
(2) In each of subsections (1) and (2)—
(a) for “the Independent Television Commission” and “the Commission” there shall be substituted “ OFCOM ”; and
(b) for “section 5(1) of the 1990 Act, or as the case may be section 5(1) of this Act” there shall be substituted “ section 5(1) or 88(1) of the 1990 Act or section 5(1) or 44(1) of this Act ”.
(3) In subsection (1), for “Part I or II of the 1990 Act or Part I of this Act” there shall be substituted “ Part 1 or 3 of the 1990 Act or Part 1 or 2 of this Act, ”.
(4) In subsection (2), for “Parts I or II of the 1990 Act or Part I of this Act” there shall be substituted “ Part 1 or 3 of the 1990 Act or Part 1 or 2 of this Act, ”.
(5) Subsections (3) and (4) shall cease to have effect.
(6) In subsection (5), for “to (4)” there shall be substituted “ and (2) ”.
(7) In subsection (6), for paragraphs (a) and (b) there shall be substituted “ the duties imposed on OFCOM by sections 5(1) and 88(1) of the 1990 Act and sections 5(1) and 44(1) of this Act. ”
Offence of providing false information
139 (1) Section 144 of the 1996 Act (offence of providing false information) shall be amended as follows.
(2) In subsection (1), for “to the relevant authority a statement”, in each place, there shall be substituted “ a statement to OFCOM ”.
(3) In subsection (2), for “the relevant authority” there shall be substituted “ OFCOM ”.
(4) Subsection (5) shall cease to have effect.
Disqualification for supplying false information
140 (1) Section 145 of the 1996 Act (disqualification for offence of supplying false information) shall be amended as follows.
(2) In subsection (5), for “the relevant authority” there shall be substituted “ OFCOM ”.
(3) In subsection (7)—
(a) for “5(1)(a) and 88(1)(a)” there shall be substituted “ 5(1)(a) and (2)(db), 32(12) and 88(1)(a) and (2)(db) ”; and
(b) for “5(1)(a) and 44(1)(a)” there shall be substituted “ 5(1)(a) and (2)(db) and 44(1)(a) and (2)(db) ”.
(4) In subsection (8) of that section, for the definition of “licence” there shall be substituted—
“licence” means a licence under Part 1 or 3 of the 1990 Act or under Part 1 or 2 of this Act;
.
Interpretation
141 In section 147(1) of the 1996 Act (general interpretation), after the definition of “the BBC” there shall be inserted—
“OFCOM” means the Office of Communications;
.
Computation of qualifying revenue
142 (1) Schedule 1 to the 1996 Act (computation of “multiplex revenue” etc.) shall be amended as follows.
(2) In Part 1, for “the Commission” and “The Commission”, wherever occurring, there shall be substituted “ OFCOM ”.
(3) In Part 2, for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “ OFCOM ”.
SCHEDULE15A Video-sharing platform services: appropriate measures for the purposes of section 368Z1(1)
Section 368Z1(1)
Appropriate measures
1. Paragraphs 2 to 9 set out the measures which it may be appropriate for a person who provides a video-sharing platform service to take in relation to that service for the purposes mentioned in section 368Z1(1).
2. Include terms and conditions to the effect that if a person uploads to the service a video that contains any restricted material, that person must bring it to the attention of the person who is providing the service.
3. Include terms and conditions to the effect that a person must not upload to the service a video containing relevant harmful material.
4. Include terms and conditions to the effect that—
(a) a person must not upload to the service a video containing an audiovisual commercial communication for a product mentioned in section 368Z(2),
(b) a person must not upload to the service a video containing an audiovisual commercial communication for an alcoholic drink unless that communication meets the requirements in section 368Z(3), (4) and (5), and
(c) a person must not upload to the service a video containing an audiovisual commercial communication for anything else unless that communication meets the requirements in section 368Z(4) and (5).
5. Provide functionality for a person uploading a video to the service to declare whether, as far as they know or can reasonably be expected to know, the video contains an audiovisual commercial communication, and include terms and conditions to the effect that a person uploading a video must use the functionality to make such a declaration.
6. Establish and operate—
(a) transparent and user-friendly mechanisms for viewers to report or flag harmful material which is available on the service to the person providing the service;
(b) systems through which the person providing the service explains to persons using the service what effect has been given to the reporting and flagging referred to in sub-paragraph (a);
(c) systems for obtaining assurance as to the age of potential viewers;
(d) easy to use systems allowing viewers to rate harmful material.
7. Provide for parental control systems in relation to restricted material.
8. In relation to the implementation of the measures set out in paragraphs 6 and 7, establish and operate a complaints procedure which must be transparent, easy to use and effective, and must not affect the ability of a person to bring a claim in civil proceedings.
9. Provide information and tools for individuals using the service with the aim of improving their media literacy, and raise awareness of the availability of such information and tools.
Interpretation
10. In this Schedule—
“audiovisual commercial communication” has the meaning given by section 368Z13;
“harmful material” means—
relevant harmful material, or
restricted material;
“parental control systems” means systems designed to be used by an adult responsible for a person under the age of 18, to control whether or how such persons are able to access videos or audiovisual commercial communications included in a video-sharing platform service;
“relevant harmful material” means—
material referred to in section 368E(1), or
material referred to in section 368E(3)(za) (read as if the reference to an on-demand programme service were to a video-sharing platform service);
“restricted material” means—
material which is prohibited material within the meaning of section 368E by virtue of falling within paragraph (a) or (b) of subsection (3) of that section, or
specially restricted material within the meaning of section 368E (see subsection (5) of that section);
“video” has the meaning given by section 368Z13;
“video-sharing platform service” has the meaning given by section 368S.
SCHEDULE 16 Further amendments in connection with media mergers
Section 389
Competition Act 1980 (c. 21)
1 In section 11C(1) of the Competition Act 1980 (application of section 117 of the Enterprise Act 2002 (c. 40)) for the words “ “the OFT,”” there shall be substituted “ “the OFT, OFCOM,” ”.
Gas Act 1986 (c. 44)
2 In section 41EB(4) of the Gas Act 1986 (application of section 117 of the Enterprise Act 2002) for the words “ “the OFT,”” there shall be substituted “ “the OFT, OFCOM,” ”.
Electricity Act 1989 (c. 29)
3 In section 56CB(4) of the Electricity Act 1989 (application of section 117 of the Enterprise Act 2002) for the words “ “the OFT,”” there shall be substituted “ “the OFT, OFCOM,” ”.
Railways Act 1993 (c. 43)
4 (1) The Railways Act 1993 shall be amended as follows.
(2) In section 13B(4) of that Act (application of section 117 of the Enterprise Act 2002) for the words “ “the OFT,”” there shall be substituted “ “the OFT, OFCOM,” ”.
(3) In section 15C(2G) of that Act (application of section 117 of the Enterprise Act 2002) for the words “ “the OFT,”” there shall be substituted “ “the OFT, OFCOM,” ”.
(4) In Schedule 4A to that Act, in paragraphs 10A(4) and 15(2G) (application of section 117 of the Enterprise Act 2002) for the words “ “the OFT,”” there shall, in both places, be substituted “ “the OFT, OFCOM,” ”.
...
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Postal Services Act 2000 (c. 26)
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transport Act 2000 (c. 38)
7 (1) The Transport Act 2000 shall be amended as follows.
(2) In section 12B(4) (application of section 117 of the Enterprise Act 2002 (c. 40)) for the words “ “the OFT,”” there shall be substituted “ “the OFT, OFCOM,” ”.
(3) In section 18(9) (application of section 117 of the Enterprise Act 2002) for the words “ “the OFT,”” there shall be substituted “ “the OFT, OFCOM,” ”.
Enterprise Act 2002 (c. 40)
8 (1) Section 43 of the Enterprise Act 2002 (intervention notices under section 42) shall be amended as follows.
(2) In subsection (4)(a) (final determination of matters to which intervention notice relates)—
(a) after the word “OFT” there shall be inserted “ or (if relevant) OFCOM ”; and
(b) after the word “44” there shall be inserted “ or (as the case may be) 44A ”.
(3) After subsection (5) there shall be inserted—
(6) In this Part “OFCOM” means the Office of Communications.
9 In section 45(1)(b) of that Act (circumstances in which the Secretary of State may make a public interest reference to the Competition Commission) after the words “section 44” there shall be inserted “ , and any report of OFCOM which is required by virtue of section 44A, ”.
10 After section 50(2) of that Act (reports on references in public interest cases) there shall be inserted—
(2A) Where the report relates to a reference under section 45 which has been made after a report of OFCOM under section 44A, the Commission shall give a copy of its report (whether or not published) to OFCOM.
11 In section 57(2) of that Act (duty to bring representations to attention of Secretary of State) after the words “the OFT”, in both places where they occur, there shall be inserted “ , OFCOM ”.
12 In section 58(4)(b) of that Act (retrospective effect of orders modifying specified considerations) after the word “OFT,” there shall be inserted “ OFCOM, ”.
13 In section 60(4)(a) of that Act (final determination of matters to which special intervention notice relates)—
(a) after the word “OFT” there shall be inserted “ or (if relevant) OFCOM ”; and
(b) after the word “61” there shall be inserted “ or (as the case may be) 61A ”.
14 In section 62(1)(b) of that Act (circumstances in which the Secretary of State may make a special public interest reference to the Competition Commission) after the words “section 61” there shall be inserted “ , and any report of OFCOM which is required by virtue of section 61A, ”.
15 After section 65(2) of that Act (reports on references in special public interest cases) there shall be inserted—
(2A) Where the report relates to a reference under section 62 which has been made after a report of OFCOM under section 61A, the Commission shall give a copy of its report (whether or not published) to OFCOM.
16 In section 67(1)(b) of that Act (intervention to protect legitimate interests)—
(a) the words from “which” to “or 33” shall cease to have effect;
(b) for the words “that section” there shall be substituted “ section 22 or 33 ”; and
(c) after the word “concerned” there shall be inserted “ (whether or not there would otherwise have been a duty to make such a reference) ”.
17 In section 68(2)(c) of that Act (scheme for protecting legitimate interests)—
(a) the words from “which”, where it occurs for the second time, to “or 33” shall cease to have effect; and
(b) for the words “that section” there shall be substituted “ section 22 or 33 (whether or not there would otherwise have been a duty to make such a reference) ”.
18 (1) Section 107 of that Act (further publicity requirements) shall be amended as follows.
(2) In subsection (3) (duties of the Secretary of State to publish), after paragraph (b), there shall be inserted—
(ba) any report of OFCOM under section 44A or 61A which has been received by him;
.
(3) In subsection (9)(a) (publication of reports of OFT in public interest cases) after the words “section 44” there shall be inserted “ , and any report of OFCOM under section 44A, ”.
(4) In subsection (10)(a) (publication of reports of OFT in special public interest cases) after the words “section 61” there shall be inserted “ , and any report of OFCOM under section 61A, ”.
19 In section 108 of that Act (defamation) after the words “the OFT,” there shall be inserted “ OFCOM, ”.
20 (1) Section 117 of that Act (false or misleading information) shall be amended as follows.
(2) In subsection (1)(a) (offence of supplying false or misleading information to the OFT etc.) after the word “OFT,” there shall be inserted “ OFCOM, ”.
(3) In subsection (2) (offence of supplying false or misleading information to another person for use by OFT etc.) after the word “OFT,” there shall be inserted “ OFCOM, ”.
21 In section 118(1) of that Act (excisions from reports) before the word “or” at the end of paragraph (a) there shall be inserted—
(aa) a report of OFCOM under section 44A or 61A;
.
22 In section 120(1) of that Act (review of decisions under Part 3) after the word “OFT,” there shall be inserted “ OFCOM, ”.
23 (1) Section 121 of that Act (fees) shall be amended as follows.
(2) In subsection (1)—
(a) after the words “the OFT”, where they occur for the second time, there shall be inserted “ , OFCOM ”; and
(b) the words “, Part V of the Fair Trading Act 1973 (c. 41)” shall cease to have effect.
(3) In subsection (2)—
(a) at the end of paragraph (a) there shall be inserted the word “ or ”; and
(b) paragraph (b), and the word “or” at the end of the paragraph, shall cease to have effect.
(4) In subsection (4)(c)—
(a) sub-paragraph (i);
(b) the word “and” at the end of the sub-paragraph; and
(c) in sub-paragraph (ii), the words “in any other case,”;
shall cease to have effect.
(5) In subsection (8)—
(a) after the words “the OFT”, where they occur for the second time, there shall be inserted “ , OFCOM ”; and
(b) the words “, Part V of the Act of 1973” shall cease to have effect.
(6) Subsection (10) shall cease to have effect.
24 (1) Section 124 of that Act (orders and regulations under Part 3) shall be amended as follows.
(2) In subsection (3) after the word “34” there shall be inserted “ , 59(6A) ”.
(3) In subsection (4) after the word “40(8),” there shall be inserted “ 44(11), ”.
(4) In subsection (6) after the word “34,” there shall be inserted “ 44(11), 59(6A), ”.
25 (1) Section 130 of that Act (index of defined expressions) shall be amended as follows.
(2) After the entry relating to “Anti-competitive outcome” there shall be inserted—
Broadcasting | Section 44(9)
.
(3) After the entry relating to “Market in the United Kingdom” there shall be inserted—
Media public interest consideration | Section 44(8)
.
(4) After the entry for “Modify” there shall be inserted—
Newspaper | Section 44(10)
Newspaper enterprise | Section 58A(3)
.
(5) After the entry for “Notified arrangements” there shall be inserted—
OFCOM | Section 43(6)
.
26 In section 180(2) of that Act (application of section 117 of that Act for the purposes of Part 4 of that Act) after the word “alone” there shall be inserted “ and as if the references to OFCOM were omitted ”.
Schedule 16A Penalties imposed by OFCOM under Parts 3A and 3B
Section 392A
Interpretation
1 References in this Schedule to a penalty are to—
(a) a penalty imposed by a confirmation decision (see sections 362AZ1(8) and 362BS(8));
(b) a penalty imposed by a penalty notice under section 362AZ4(2) or 362BV(2);
(c) a penalty imposed by a penalty notice under section 362AZ7(6) or 362BY(6).
Amount of penalties: principles
2 (1) In determining the amount of a penalty to be imposed on a person, OFCOM must, in particular, take into account—
(a) any representations made, and evidence provided, by the person, and
(b) the effects of the failure or failures in respect of which the penalty is imposed.
(2) In the case of a penalty imposed by a confirmation decision, OFCOM must also take into account any representations made, and evidence provided, by any other person to whom the provisional notice of contravention relating to the same matter was given.
(3) OFCOM must also take into account—
(a) in the case of a penalty imposed by a confirmation decision, any steps taken by the person towards—
(i) complying with the duty or duties specified in the provisional notice of contravention given to the person, or
(ii) remedying the failure to comply with that duty or those duties;
(b) in the case of a penalty imposed by a penalty notice, any steps taken by the person towards—
(i) complying with the duty or duties specified in the confirmation decision given to the person, or
(ii) remedying the failure to comply with that duty or those duties.
(4) A penalty must be of an amount that OFCOM consider to be—
(a) appropriate, and
(b) proportionate to the failure or failures in respect of which it is imposed.
(5) See also section 392 (which requires OFCOM to produce guidelines about their determination of penalties that they impose).
Maximum amount of penalties
3 (1) Sub-paragraph (2) applies where—
(a) a penalty is imposed on a person in respect of a regulated television selection service that is or was at any time provided by that person,
(b) a penalty is imposed on a person other than the BBC or S4C in respect of a designated internet programme service that is or was at any time provided by that person,
(c) a penalty is imposed on a person in respect of a designated radio selection service that is or was at any time provided by that person, or
(d) a penalty is imposed on a person other than the BBC in respect of a relevant internet radio service that is or was at any time provided by that person,
and the person upon whom the penalty is imposed has an accounting period.
(2) The maximum amount of the penalty that may be imposed is whichever is the greater of—
(a) £250,000, and
(b) 5% of the person’s qualifying worldwide revenue for the person’s most recent complete accounting period.
(3) In any case other than that described in sub-paragraph (1), the maximum amount of the penalty that may be imposed is £250,000.
(4) If (in a case described in sub-paragraph (1)) the first accounting period of the person has not yet ended, sub-paragraph (2)(b) is to be read as referring to 5% of the amount that OFCOM estimate to be the person’s likely qualifying worldwide revenue for that period.
(5) If the duration of the accounting period by reference to which an amount of qualifying worldwide revenue is calculated is less than a year, the amount mentioned in sub-paragraph (2)(b) is to be increased proportionately.
(6) If the duration of the accounting period by reference to which an amount of qualifying worldwide revenue is calculated is more than a year, the amount mentioned in sub-paragraph (2)(b) is to be decreased proportionately.
(7) The amount of a person’s qualifying worldwide revenue for an accounting period is, in the event of a disagreement between the person and OFCOM, the amount determined by OFCOM.
(8) In this paragraph, “accounting period”, in relation to a person, means a period in respect of which accounts are prepared in relation to that person or, where that person is an individual, in respect of that individual’s business.
Maximum amount of penalties: group of entities
4 (1) This paragraph contains modifications of paragraph 3 where, in accordance with Schedule 16B, two or more entities are jointly and severally liable for a penalty.
(2) Sub-paragraphs (3) to (6) of this paragraph apply instead of paragraph 3(1) to (4).
(3) If the entities do not include the BBC or S4C, the maximum amount of the penalty for which the entities are liable is whichever is the greater of—
(a) £250,000, and
(b) 5% of the qualifying worldwide revenue of the group of entities that consists of—
(i) the entity to which the confirmation decision or the penalty notice relates (“entity E”), and
(ii) every other entity which (at the time the confirmation decision or the penalty notice is given) is a group undertaking in relation to entity E.
(4) In any case other than that described in sub-paragraph (3), the maximum amount of the penalty for which the entities are liable is £250,000.
(5) In sub-paragraph (3)(b), the reference to the qualifying worldwide revenue of a group of entities is to—
(a) the amount of the group’s qualifying worldwide revenue for the most recent complete accounting period of the entities liable for the penalty, or
(b) if the first accounting period of the entities liable for the penalty has not yet ended, the amount that OFCOM estimate to be the group’s likely qualifying worldwide revenue for that period.
(6) In a case where the accounting periods of the entities liable for the penalty are different—
(a) the reference in sub-paragraph (5)(a) to the accounting period of the entities is to be read as a reference to the accounting period of any of the entities (at OFCOM’s discretion), and
(b) sub-paragraph (5)(b) is to apply as if—
(i) for “the first accounting period of the entities” there were substituted “the first accounting period of all the entities”, and
(ii) for “that period” there were substituted “the accounting period of any of the entities (at OFCOM’s discretion)”.
(7) Sub-paragraphs (5) to (7) of paragraph 3 are to be read with necessary modifications for the purposes of this paragraph.
(8) In this paragraph—
“accounting period”, in relation to an entity, means a period in respect of which accounts are prepared in relation to that entity;
“group undertaking” has the meaning given by section 1161(5) of the Companies Act 2006.
(9) For the purposes of this paragraph, sections 1161(5) and 1162 of, and Schedule 7 to, the Companies Act 2006—
(a) are to apply in relation to an entity which is not an undertaking (as defined in section 1161(1) of that Act) as they apply in relation to an undertaking, and
(b) are to be read with any necessary modifications if applied to an entity formed under the law of a country or territory outside the United Kingdom.
Power to amend paragraphs 3 and 4
5 (1) The Secretary of State may by regulations amend any of the following provisions of this Schedule so as to substitute a different amount or a different percentage for the amount or percentage for the time being specified in that provision—
(a) paragraph 3 (2) (a);
(b) paragraph 3 (2) (b);
(c) paragraph 3 (3);
(d) paragraph 3 (4);
(e) paragraph 4 (3) (a);
(f) paragraph 4 (3) (b);
(g) paragraph 4 (4).
(2) A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Recovery of penalties
6 (1) In England and Wales, a penalty is recoverable—
(a) if the county court so orders, as if it were payable under an order of that court;
(b) if the High Court so orders, as if it were payable under an order of that court.
(2) In Scotland, a penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(3) In Northern Ireland, a penalty is recoverable—
(a) if a county court so orders, as if it were payable under an order of that court;
(b) if the High Court so orders, as if it were payable under an order of that court.
Qualifying worldwide revenue
7 (1) For the purposes of this Schedule, OFCOM must produce a statement giving information about the amounts which it does, or does not, regard as comprising a person’s “qualifying worldwide revenue”.
(2) The statement must include provision about the application of that term to a group of entities for the purposes of paragraph 4 of this Schedule.
(3) The statement may make different provision in relation to different kinds of regulated television selection services, designated internet programme services, designated radio selection services and relevant internet radio services.
(4) Before producing the statement (including a revised or replacement statement), OFCOM must consult—
(a) the Secretary of State,
(b) the Treasury, and
(c) such other persons as OFCOM consider appropriate.
(5) OFCOM must keep the statement under review.
(6) OFCOM must publish the statement (and any revised or replacement statement).
(7) OFCOM must send a copy of the statement (and any revised or replacement statement) to the Secretary of State and the Secretary of State must lay it before Parliament.
Interpretation
8 In this Schedule—
“designated internet programme service” has the same meaning as in Part 3A (and a reference to providing an internet programme service is to be construed in accordance with section 362AZ12(2) to (5));
“designated radio selection service” has the same meaning as in Part 3B;
“regulated television selection service” has the same meaning as in Part 3A;
“relevant internet radio service” has the same meaning as in Part 3B.
Schedule 16B Parts 3A and 3B: liability of parent entities etc
Section 392B
Interpretation
1 In this Schedule—
“confirmation decision” means a notice under section 362AZ1 or 362BS;
“designated internet programme service” has the same meaning as in Part 3A (and a reference to providing an internet programme service is to be construed in accordance with section 362AZ12(2) to (5));
“designated radio selection service” has the same meaning as in Part 3B;
“fellow subsidiary undertaking” has the meaning given by section 1161(4) of the Companies Act 2006;
“parent undertaking” and “subsidiary undertaking” are to be read in accordance with section 1162 of that Act;
“penalty notice” means a notice under section 362AZ4, 362AZ7(6), 362BV or 362BY(6);
“provisional notice of contravention” means a notice under section 362AZ or 362BR;
“regulated television selection service” has the same meaning as in Part 3A;
“relevant internet radio service” has the same meaning as in Part 3B.
Joint provisional notices of contravention
2 (1) This paragraph applies where—
(a) OFCOM are satisfied that there are grounds for giving a person a provisional notice of contravention in respect of—
(i) a regulated television selection service that is or was at any time provided by that person,
(ii) a designated internet programme service that is or was at any time provided by that person,
(iii) a designated radio selection service that is or was at any time provided by that person, or
(iv) a relevant internet radio service that is or was at any time provided by that person, and
(b) that person is an entity (“E”).
(2) If there is an entity which is a parent undertaking in relation to E, the provisional notice of contravention may be given—
(a) to E alone, or
(b) jointly to E and to an entity which is a parent undertaking in relation to E.
(3) If there is an entity which is a subsidiary undertaking in relation to E, the provisional notice of contravention may be given—
(a) to E alone, or
(b) jointly to E and to an entity which is a subsidiary undertaking in relation to E.
(4) If E is a subsidiary undertaking and there is an entity which is a fellow subsidiary undertaking in relation to E, the provisional notice of contravention may be given—
(a) to E alone, or
(b) jointly to E and to an entity that is a fellow subsidiary undertaking in relation to E.
(5) If an individual or individuals control E, the provisional notice of contravention may be given—
(a) to E alone, or
(b) jointly to E and to the individual or individuals who control E.
(6) For the purposes of sub-paragraph (5), an individual or individuals are to be taken to control E if that individual or those individuals would, if they were an undertaking, be a parent undertaking in relation to E within the meaning of section 1162 of the Companies Act 2006 by reason of meeting the condition in subsection (2)(a), (b), (c) or (d) or (4)(a) of that section.
(7) If a provisional notice of contravention is given jointly as mentioned in sub-paragraph (2)(b), (3)(b), (4)(b) or (5)(b), the statement under section 362AZ(6)(a) or (as the case may be) 362BR(6)(a) must include, among the matters about which representations may be made to OFCOM, the matter of whether joint and several liability would be appropriate.
Liability of parent entities for failures by subsidiary entities
3 (1) This paragraph applies where—
(a) OFCOM are satisfied that there are grounds for giving a person—
(i) a confirmation decision which requires the person to take steps or imposes a penalty (or both), or
(ii) a penalty notice,
in respect of a service of a type specified in sub-paragraph (2) that is or was at any time provided by the person,
(b) the person is an entity (“E”), and
(c) there is another entity which is a parent undertaking in relation to E (a “parent entity”).
(2) The types of service referred to in sub-paragraph (1)(a) are—
(a) a regulated television selection service;
(b) a designated internet programme service;
(c) a designated radio selection service;
(d) a relevant internet radio service.
(3) The confirmation decision or penalty notice may be given—
(a) to E alone, or
(b) jointly to E and to a parent entity.
(4) Before giving a penalty notice to a parent entity, or giving a confirmation decision to a parent entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—
(a) the matters contained in the penalty notice or confirmation decision, and
(b) whether joint and several liability would be appropriate.
(5) OFCOM may not give a confirmation decision or a penalty notice to a parent entity (“P”) if—
(a) P meets the condition in section 1162(2)(a) of the Companies Act 2006 in relation to E, and
(b) P makes representations to OFCOM, in pursuance of paragraph 2(7) or sub-paragraph (4), that satisfy OFCOM that P does not meet any condition in section 1162(2)(b), (c) or (d) or (4) of that Act in relation to E.
(6) If a confirmation decision or a penalty notice is given to entities jointly under sub-paragraph (3)(b), those entities are jointly and severally liable to comply with the requirements or (as the case may be) pay the penalty imposed by the decision or notice.
(7) See also paragraph 4 of Schedule 16A.
Liability of subsidiary entities for failures by parent entities
4 (1) This paragraph applies where—
(a) OFCOM are satisfied that there are grounds for giving a person—
(i) a confirmation decision which requires the person to take steps or imposes a penalty (or both), or
(ii) a penalty notice,
in respect of a service of a type specified in sub-paragraph (2) that is or was at any time provided by the person,
(b) the person is an entity (“E”),
(c) there is another entity which is a subsidiary undertaking in relation to E (a “subsidiary entity”), and
(d) OFCOM are satisfied that the other entity’s acts or omissions contributed to the failure to which the confirmation decision or penalty notice relates.
(2) The types of service referred to in sub-paragraph (1)(a) are—
(a) a regulated television selection service;
(b) a designated internet programme service;
(c) a designated radio selection service;
(d) a relevant internet radio service.
(3) The confirmation decision or penalty notice may be given—
(a) to E alone, or
(b) jointly to E and to a subsidiary entity.
(4) Before giving a penalty notice to a subsidiary entity, or giving a confirmation decision to a subsidiary entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—
(a) the matters contained in the penalty notice or the confirmation decision, and
(b) whether joint and several liability would be appropriate.
(5) If a confirmation decision or penalty notice is given to entities jointly under sub-paragraph (3)(b), those entities are jointly and severally liable to comply with the requirements or (as the case may be) pay the penalty imposed by the decision or notice.
(6) See also paragraph 4 of Schedule 16A.
Liability of fellow subsidiary entities for failures by subsidiary entities
5 (1) This paragraph applies where—
(a) OFCOM are satisfied that there are grounds for giving a person—
(i) a confirmation decision which requires the person to take steps or imposes a penalty (or both), or
(ii) a penalty notice,
in respect of a service of a type specified in sub-paragraph (2) that is or was at any time provided by the person,
(b) the person is an entity (“E”),
(c) E is a subsidiary undertaking,
(d) there is another entity which is a fellow subsidiary undertaking in relation to E (a “fellow subsidiary entity”), and
(e) OFCOM are satisfied that the acts or omissions of the fellow subsidiary entity contributed to the failure to which the confirmation decision or penalty notice relates.
(2) The types of service referred to in sub-paragraph (1)(a) are—
(a) a regulated television selection service;
(b) a designated internet programme service;
(c) a designated radio selection service;
(d) a relevant internet radio service.
(3) The confirmation decision may be given—
(a) to E alone, or
(b) jointly to E and to a fellow subsidiary entity.
(4) Before giving a penalty notice to a fellow subsidiary entity, or giving a confirmation decision to a fellow subsidiary entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—
(a) the matters contained in the confirmation decision or the penalty notice, and
(b) whether joint and several liability would be appropriate.
(5) If a confirmation decision or penalty notice is given to entities jointly under sub-paragraph (3)(b), those entities are jointly and severally liable to comply with the requirements or (as the case may be) pay the penalty imposed by the decision or notice.
(6) See also paragraph 4 of Schedule 16A.
Liability of controlling individuals for failures by entities
6 (1) This paragraph applies where—
(a) OFCOM are satisfied that there are grounds for giving a person—
(i) a confirmation decision which requires the person to take steps or imposes a penalty (or both), or
(ii) a penalty notice,
in respect of a service of a type specified in sub-paragraph (2) that is or was at any time provided by the person,
(b) the person is an entity (“E”), and
(c) an individual or individuals control E.
(2) The types of service referred to in sub-paragraph (1)(a) are—
(a) a regulated television selection service;
(b) a designated internet programme service;
(c) a designated radio selection service;
(d) a relevant internet radio service.
(3) The confirmation decision may be given—
(a) to E alone, or
(b) jointly to E and to the individual or individuals who control E.
(4) Before giving a penalty notice to an individual, or giving a confirmation decision to an individual who was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that individual an opportunity to make representations to OFCOM about—
(a) the matters contained in the confirmation decision or the penalty notice, and
(b) whether joint and several liability would be appropriate.
(5) For the purposes of this paragraph, an individual or individuals are to be taken to control E if that individual or those individuals would, if they were an undertaking, be a parent undertaking in relation to E within the meaning of section 1162 of the Companies Act 2006 by reason of meeting the condition in subsection (2)(a), (b), (c) or (d) or (4)(a) of that section.
(6) OFCOM may not give a confirmation decision or a penalty notice to an individual or individuals (“P”) if—
(a) the condition by reason of which P controls E is the condition in section 1162(2)(a) of the Companies Act 2006, and
(b) P makes representations to OFCOM in pursuance of paragraph 2(7) or sub-paragraph (4) which satisfy OFCOM that P does not control E by reason of any condition in section 1162(2)(b), (c) or (d) or (4) of that Act.
(7) If a confirmation decision or penalty notice is given jointly to E and to an individual or individuals under sub-paragraph (3)(b), E and that individual or those individuals are jointly and severally liable to comply with the requirements or (as the case may be) pay the penalty, imposed by the decision or notice.
General
7 In its application for the purposes of this Schedule, paragraph 4 of Schedule 7 to the Companies Act 2006 is to be read as if the reference to operating and financial policies were to policies relating to compliance with the regulatory requirements imposed by Parts 3A and 3B.
8 For the purposes of this Schedule, sections 1161(4) and 1162 of, and Schedule 7 to, the Companies Act 2006—
(a) are to apply in relation to an entity which is not an undertaking (as defined in section 1161(1) of that Act) as they apply in relation to an undertaking, and
(b) are to be read with any necessary modifications if applied to an entity formed under the law of a country or territory outside the United Kingdom.
Section 406
Interpretation
1 (1) In any Act or instrument amended by this Schedule—
“communications service” means any of the following services—
an electronic communications service;
the provision of directory information by means of an electronic communications network for the purpose of facilitating the use of an electronic communications service provided by means of that network;
the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of apparatus which is or is to be connected to an electronic communications network;
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of this Act;
“electronic communications code network” means—
so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106; and
an electronic communications network which the Secretary of State or a Northern Ireland department is providing or proposing to provide;
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106;
“electronic communications network” and “electronic communications service” each has the same meaning as in this Act;
“former PTO” means a person—
who is a provider of a public electronic communications network or a public electronic communications service which, immediately before the date on which the repeal by this Act of section 7 of the Telecommunications Act 1984 (c. 12) comes into force, was designated as a public telecommunication system under section 9 of that Act; and
who, immediately before that date, was authorised to provide that network or service by a licence to which section 8 of that Act applied;
“operator”, in relation to an electronic communications code network, means—
the electronic communications code operator providing that network; or
the Secretary of State or a Northern Ireland department, to the extent that they are providing or proposing to provide that network;
“provide” and cognate expressions, in relation to an electronic communications network, an electronic communications service or associated facilities, are to be construed in accordance with section 32(4) of this Act;
“public electronic communications network” and “public electronic communications service” each has the same meaning as in Chapter 1 of Part 2 of this Act.
(2) In this paragraph—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) “electronic communications code”, “electronic communications code network”, “electronic communications code operator”, “public electronic communications network” and “public electronic communications service” each has the meaning given in sub-paragraph (1).
(c) “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code.
...
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Law of Property Act 1925
3 In section 194(4) of the Law of Property Act 1925 (c. 20) (exceptions from restrictions on inclosure of commons), for the words from “telecommunication apparatus” onwards there shall be substituted “ electronic communications apparatus installed for the purposes of an electronic communications code network. ”
Public Health Act 1925
4 In section 10 of the Public Health Act 1925 (c. 71) (Crown application), for the words from “telecommunication apparatus” to “system” there shall be substituted “ electronic communications apparatus kept installed for the purposes of an electronic communications code network ”.
London Overground Wires, etc Act 1933
5 (1) The London Overground Wires, etc. Act 1933 (c. xliv) shall be amended as follows.
(2) In section 11 (saving for safety regulations), for “any telecommunication apparatus made” there shall be substituted “ any electronic communications apparatus made ”.
(3) In section 14 (savings in respect of telecommunications code system)—
(a) for “telecommunication apparatus kept installed for the purposes of a telecommunications code system” there shall be substituted “ electronic communications apparatus kept installed for the purposes of an electronic communications code network ”;
(b) for the words from “conferred by” onwards there shall be substituted “ conferred by or in accordance with the electronic communications code on the operator of any such network. ”
Wireless Telegraphy Act 1949
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Coast Protection Act 1949
19 In section 47 of the Coast Protection Act 1949 (c. 74) (savings), in paragraph (b), for the words from “the telecommunications code” to “system” there shall be substituted “ the electronic communications code on the operator of an electronic communications code network ”.
National Parks and Access to the Countryside Act 1949
20 (1) The National Parks and Access to the Countryside Act 1949 (c. 97) shall be amended as follows.
(2) In section 20(2) (byelaws for protection of nature reserves not to interfere with certain rights)—
(a) for “the running of a telecommunications code system” there shall be substituted “ the provision of an electronic communications code network ”;
(b) for “the telecommunications code” there shall be substituted “ the electronic communications code ”;
(c) for “such system” there shall be substituted “ such network ”.
(3) In section 60(5)(f) (exceptions from rights of public where access agreement etc. in force), for “or a telecommunications code system” there shall be substituted “ or an electronic communications code network ”.
London County Council (General Powers) Act 1949
21 In section 7(6) of the London County Council (General Powers) Act 1949 (c. lv) (interference by works etc. for provision of heat), for “telecommunication apparatus kept installed for the purposes of a telecommunications code system” there shall be substituted “ electronic communications apparatus kept installed for the purposes of an electronic communications code network ”.
Local Government (Miscellaneous Provisions) Act 1953
22 (1) Section 6 of the Local Government (Miscellaneous Provisions) Act 1953 (c. 26) (supplementary provisions as to omnibus shelters etc.) shall be amended as follows.
(2) For “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”.
(3) In subsection (1)—
(a) for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;
(b) for “that system” there shall be substituted “ that network ”.
(4) In subsection (2), for “system” there shall be substituted “ network ”.
Army Act 1955
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Air Force Act 1955
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955
25 In section 17(2) of the Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955 (c. 15 (N.I.)) (application of paragraph 23 of telecommunications code)—
(a) for “the telecommunications code” there shall be substituted “ the electronic communications code ”;
(b) for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.
Naval Discipline Act 1957
26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Opencast Coal Act 1958
27 (1) In section 45 of the Opencast Coal Act 1958 (c. 69) (saving for apparatus installed for the purposes of telecommunications code system)—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(b) for “a telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(c) for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;
(d) for “that system” there shall be substituted “ that network ”.
Pipe-lines Act 1962
28 In section 40 of the Pipe-lines Act 1962 (c. 58) (avoidance of interference with telecommunications code systems)—
(a) for “telecommunication apparatus”, in both places, there shall be substituted “ electronic communications apparatus ”;
(b) for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;
(c) for “such system” there shall be substituted “ such network ”;
(d) for “the telecommunications code” there shall be substituted “ the electronic communications code ”.
London County Council (General Powers) Act 1963
29 In section 17(4)(a) of the London County Council (General Powers) Act 1963 (c. xvii) (interference from provision of illuminations, floodlighting, etc.), for “telecommunication apparatus kept installed for the purposes of a telecommunications code system” there shall be substituted “ electronic communications apparatus kept installed for the purposes of an electronic communications code network ”.
Harbours Act 1964
30 In section 53 of the Harbours Act 1964 (c. 40) (application of telecommunications code for certain works)—
(a) for “telecommunications code” there shall be substituted “ electronic communications code ”;
(b) for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.
New Towns Act (Northern Ireland) 1965
31 (1) Section 25 of the New Towns Act (Northern Ireland) 1965 (c. 13 (N.I.)) shall be amended as follows.
(2) In subsections (9A), (9C) and (9D)—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(b) for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;
(c) for “that system” there shall be substituted “ that network ”;
(d) for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”.
(3) In subsection (9B) for “any telecommunications code system” there shall be substituted “ any electronic communications code network ”.
Marine, &c., Broadcasting (Offences) Act 1967
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wireless Telegraphy Act 1967
37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Countryside Act 1968
40 (1) The Countryside Act 1968 (c. 41) shall be amended as follows.
(2) In section 41 (exceptions from powers to make byelaws etc.), in subsections (4) and (12)—
(a) for “the running of a telecommunications code system” there shall be substituted “ the provision of an electronic communications code network ”;
(b) for “the telecommunications code” there shall be substituted “ the electronic communications code ”;
(c) for “such system” there shall be substituted “ such network ”.
(3) In paragraph 6 of Schedule 2 (exceptions from procedure for taking common land)—
(a) for “the telecommunications code” there shall be substituted “ the electronic communications code ”;
(b) for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”.
Greater London Council (General Powers) Act 1969
41 In section 7(6) of the Greater London Council (General Powers) Act 1969 (c. lii) (effect of exercise of power to stop up streets)—
(a) for “the telecommunications code” there shall be substituted “ the electronic communications code ”;
(b) for “telecommunications code system” there shall be substituted “ electronic communications code network ”.
Harbours Act (Northern Ireland) 1970
42 In section 37 of the Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.)) (application of telecommunications code for certain works)—
(a) for “telecommunications code” there shall be substituted “ electronic communications code ”;
(b) for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.
Thames Barrier and Flood Prevention Act 1972
43 In section 20(1)(a) of the Thames Barrier and Flood Prevention Act 1972 (c. xlv)(power to make subsidiary works etc.), for “telecommunication installations” there shall be substituted “ electronic communications installations ”.
Fair Trading Act 1973
44 In section 137(3) of the Fair Trading Act 1973 (c. 41) (meaning of “supply of services”), for paragraph (f) there shall be substituted—
(f) includes the making of arrangements, by means of such an agreement as is mentioned in paragraph 29 of Schedule 2 to the Telecommunications Act 1984, for the sharing of the use of any electronic communications apparatus, and
.
Drainage (Northern Ireland) Order 1973
45 In paragraph 3 of Schedule 9 to the Drainage (Northern Ireland) Order 1973 (S.I. 1973/69 (N.I. 1))—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(b) for “a telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(c) for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ electronic communications code ”;
(d) for “any such system” and “that system” there shall be substituted, respectively, “ any such network ” and “ that network ”.
Water and Sewerage Services (Northern Ireland) Order 1973
46 (1) In Article 57A(3)(b) of the Water and Sewerage Services (Northern Ireland) Order 1973 (S.I. 1973/70 (N.I. 2)) (civil liability of Department for escapes of water)—
(a) for “telecommunications code” there shall be substituted “ electronic communications code ”;
(b) for “a telecommunication system” there shall be substituted “ an electronic communications network ”.
(2) In Article 58(1) of that Order (protection for telegraph and telephone lines), for “telecommunications” there shall be substituted “ electronic communications ”.
Consumer Credit Act 1974
47 In section 16(6) of the Consumer Credit Act 1974 (c. 39) (exempt agreements) for “public telecommunications operator specified in the order” there shall be substituted “ provider of a public electronic communications service who is specified in the order ”.
House of Commons Disqualification Act 1975
48 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), in the appropriate place, there shall be inserted— “ Seirbheis nam Meadhanan Gàidhlig ”.
Northern Ireland Assembly Disqualification Act 1975
49 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), in the appropriate place, there shall be inserted— “ Seirbheis nam Meadhanan Gàidhlig ”.
Welsh Development Agency Act 1975
50 (1) Section 19 of the Welsh Development Agency Act 1975 (c. 70) (the Agency and the media) shall be amended as follows.
(2) In subsection (9), for “the appropriate authority”, in both places, there shall be substituted “ the Office of Communications ”.
(3) In subsection (11), in the definition of “relevant licence” for “the Independent Television Commission or the Radio Authority” there shall be substituted “ the Office of Communications ”.
Building Regulations (Northern Ireland) Order 1979
51 In paragraph 14 of Schedule 1 to the Building Regulations (Northern Ireland) Order 1979 (S.I. 1979/1709 (N.I. 16)) (building regulations), for “telecommunications services” there shall be substituted “ communications services ”.
Local Government, Planning and Land Act 1980
52 (1) Part 3 of Schedule 28 to the Local Government, Planning and Land Act 1980 (c. 65) (provisions about land acquired by urban development corporations) shall be amended as follows.
(2) In paragraphs 5, 6, 13, 14 and 16—
(a) for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;
(b) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(c) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(d) for “such system” and “the system”, wherever occurring, there shall be substituted, respectively, “ such network ” and “ the network ”.
Highways Act 1980
53 In section 35(11)(c) and (12) of the Highways Act 1980 (c. 66) (regulation of rights to maintain apparatus on walkways), for “telecommunications code systems” there shall be substituted “ electronic communications code networks ”.
54 In section 115D of that Act (limits on powers to restrict access to highways), for paragraph (d) there shall be substituted—
(d) as to prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.
55 In section 142(5) of that Act (protection of telecommunications apparatus by conditions in licences to plant trees etc. in a highway), for “telecommunications code systems” there shall be substituted “ electronic communications code networks ”.
56 (1) This paragraph applies to the following provisions of that Act—
(a) the definition of “statutory undertakers” in section 144(6) (power to erect flagpoles etc. on highways);
(b) the definition of “statutory undertakers” in section 169(4) (control of scaffolding on highways);
(c) the definition of “statutory undertakers” in section 170(3) (control of mixing mortar etc. on highways);
(d) section 177(4) and (12) (licence to build over highway not to interfere with telecommunications code systems);
(e) section 178(5) (exceptions to restriction on placing rails etc. over highways);
(f) section 329(4A) (interpretation);
(g) section 334 (savings for operators of telecommunications code systems).
(2) In the provisions to which this paragraph applies—
(a) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(b) for “the telecommunications code system” there shall be substituted “ the electronic communications code network ”;
(c) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(d) for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ electronic communications code ”;
(e) for “system”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ network ”.
New Towns Act 1981
57 (1) This paragraph applies to the following provisions of the New Towns Act 1981 (c. 64)—
(a) section 16(2) (exception to extinguishment of rights over land compulsorily acquired);
(b) section 19(2) (saving from the power to override certain rights);
(c) section 24 (apparatus kept installed for purposes of telecommunications code system);
(d) section 26(8) (extinguishment of rights of way and removal of apparatus);
(e) section 39(7) (power of development corporation to transfer undertakings).
(2) In the provisions to which this paragraph applies—
(a) for “in accordance with the telecommunications code”, wherever occurring, there shall be substituted “ in accordance with the electronic communications code ”;
(b) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(c) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(d) for “the running of the telecommunications code system” there shall be substituted “ the provision of the electronic communications code network ”;
(e) for “the running of such a system” there shall be substituted “ the provision of such a network ”;
(f) for “such system” and “the system”, wherever occurring, there shall be substituted, respectively, “ such network ” and “ the network ”.
Acquisition of Land Act 1981
58 (1) The Acquisition of Land Act 1981 (c. 67) shall be amended as follows.
(2) In section 28 (acquisition of land by the creation of new rights), after paragraph (h) there shall be inserted—
(i) paragraph 3(3) of Schedule 4 to the Communications Act 2003.
(3) In section 32(6A) (exception to power to extinguish certain public rights of way)—
(a) for the words from “telecommunication apparatus” to “telecommunications code system” there shall be substituted “ electronic communications apparatus kept installed for the purposes of an electronic communications code network ”; and
(b) in paragraph (a), for “system” there shall be substituted “ network ”.
Housing (Northern Ireland) Order 1981
59 In Article 159A of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)) (application of telecommunications code to the Northern Ireland Housing Executive)—
(a) for “telecommunications code”, wherever occurring, there shall be substituted “ electronic communications code ”;
(b) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(c) for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;
(d) for “that system” there shall be substituted “ that network ”.
Civil Aviation Act 1982
60 In section 48(7)(b) of the Civil Aviation Act 1982 (c. 16) (Secretary of State to give notice of orders stopping up highways for civil aviation purposes), for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”.
Representation of the People Act 1983
61 In section 92(1)(c) of the Representation of the People Act 1983 (c. 2) (broadcasting from outside the United Kingdom), for “the Independent Television Commission or the Radio Authority” there shall be substituted “ the Office of Communications ”.
62 (1) Section 93 of that Act (broadcasting of local items during election period) shall be amended as follows.
(2) In subsection (4), for the words from the beginning to “each” there shall be substituted “ The Office of Communications shall ”.
(3) In subsection (6)—
(a) in the definition of “broadcasting authority”, for “the Independent Television Commission, the Radio Authority” there shall be substituted “ the Office of Communications ”;
(b) in the definition of “relevant services”, for paragraphs (b) and (c) there shall be substituted—
(b) in relation to the Office of Communications, means services licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.
Telecommunications Act 1984
63 (1) Sections 44 to 46 of the Telecommunications Act 1984 (c. 12) (offences relating to modification and interception of messages and to assaults on the persons engaged on the business of a telecommunications operator) shall cease to have effect.
(2) No proceedings shall be capable of being begun at any time after the commencement of this paragraph for any offence under any of those sections which was committed before the commencement of this paragraph.
(3) Any proceedings for an offence under any of those sections which have been begun before the commencement of this paragraph but in which there has not yet been a conviction must be discontinued immediately.
64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70 (1) Section 94 of that Act (directions in the interests of national security) shall be amended as follows.
(2) In subsection (1), for “requisite or expedient” there shall be substituted “ necessary ”.
(3) In subsection (2), for “requisite or expedient” there shall be substituted “ necessary ”.
(4) After subsection (2), there shall be inserted—
(2A) The Secretary of State shall not give a direction under subsection (1) or (2) unless he believes that the conduct required by the direction is proportionate to what is sought to be achieved by that conduct.
(5) In subsection (3), for “this Act” there shall be substituted “ Part 1 or Chapter 1 of Part 2 of the Communications Act 2003 and, in the case of a direction to a provider of a public electronic communications network, notwithstanding that it relates to him in a capacity other than as the provider of such a network ”.
(6) In subsection (6), for “public telecommunications operators” there shall be substituted “ providers of public electronic communications networks ”.
(7) In subsection (8), for the words from “the Director” onwards there shall be substituted “ OFCOM and to providers of public electronic communications networks. ”
71 (1) Section 98 of that Act (use of conduits for telecommunications purposes) shall be amended as follows.
(2) In subsection (1), for the words “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”.
(3) In subsection (5)(a), for the words “telecommunication purposes” there shall be substituted “ the purposes of any electronic communications network or of any electronic communications service ”.
72 (1) Section 101 of that Act (general restrictions on disclosure of information) shall be amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In subsection (2)(a)—
(a) the words “or transferred”shall be omitted; and
(b) for the words “, the Director or the Commission by or under this Act” there shall be substituted “ or OFCOM by or under this Act (except functions assigned by or under Part 6) ”.
(4) In subsection (2)(b), after “the Rail Regulator” there shall be inserted “ , OFCOM ”.
(5) In subsection (3), after paragraph (p) there shall be inserted—
(q) the Communications Act 2003 (excluding the provisions of that Act which are enactments relating to the management of the radio spectrum within the meaning of that Act).
(6) Subsection (4) shall cease to have effect.
(7) In subsection (6), for “the Director” there shall be substituted “ OFCOM ”.
73 In section 104 of that Act (orders and schemes), after subsection (1) there shall be inserted—
(1A) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to every power of OFCOM to make an order under a provision of this Act.
(1B) The approval of the Secretary of State is required for the making by OFCOM of an order under section 85 or 86 above.
(1C) A statutory instrument containing an order made by OFCOM under section 85 or 86 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
74 In section 106(1) of that Act (general interpretation), after the definition of “modifications” there shall be inserted—
“OFCOM” means the Office of Communications;
.
75 In paragraph 18(2) of Schedule 2 to that Act (notices affixed to overhead apparatus), for “paragraph 24(4)(a)” there shall be substituted “ paragraph 24(2A)(a) ”.
Cinemas Act 1985
76 In section 21(1) of the Cinemas Act 1985 (c. 13) (interpretation), for the definition of “film exhibition” there shall be substituted—
“film exhibition” means any exhibition of moving pictures other than an exhibition of items included in a programme service (within the meaning of the Communications Act 2003) that is being simultaneously received (or virtually so) by the exhibitor
.
Surrogacy Arrangements Act 1985
77 In section 3 of the Surrogacy Arrangements Act 1985 (c. 49) (advertisements about surrogacy), for “a telecommunication system”, wherever occurring, there shall be substituted “ an electronic communications network ”.
Bankruptcy (Scotland) Act 1985
78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing Act 1985
79 (1) The Housing Act 1985 (c. 68) shall be amended as follows.
(2) In section 295(2)(b) (extinguishment of other rights over land acquired), for “telecommunications systems” there shall be substituted “ electronic communications networks ”.
(3) In section 298(2) and (3) (telecommunications apparatus)—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(b) for “a telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(c) for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;
(d) for “the system” and “a system” there shall be substituted, respectively, “ the network ” and “ a network ”.
Airports Act 1986
80 In section 62 of the Airports Act 1986 (c. 31) (provisions as to telecommunication apparatus)—
(a) for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;
(b) for “telecommunication apparatus” and “telecommunications apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(c) for “a telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(d) in subsection (3), for “that system” there shall be substituted “ that network ”.
Gas Act 1986
81 In section 4AA(4)(b) of the Gas Act 1986 (c. 44) (general duties of Secretary of State and Authority), for sub-paragraph (i) there shall be substituted—
(i) communications services and electronic communications apparatus, or
.
Insolvency Act 1986
82 (1) The Insolvency Act 1986 (c. 45) shall be amended as follows.
(2) In section 233 (supplies of telecommunications services etc. in cases of administration or liquidation)—
(a) in subsection (3), for paragraph (d) there shall be substituted—
(d) a supply of communications services by a provider of a public electronic communications service.
;
(b) in subsection (5), for paragraph (d) there shall be substituted—
(d) “communications services” do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003).
(3) In section 372 (supplies of telecommunications services etc. in cases of bankruptcy)—
(a) in subsection (4), for paragraph (d) there shall be substituted—
(d) a supply of communications services by a provider of a public electronic communications service.
;
(b) in subsection (5), for paragraph (c) there shall be substituted—
(c) “communications services” do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003).
(4) In Schedule 2A (exceptions to prohibition on appointment of administrative receiver), in paragraph 10, after sub-paragraph (2) there shall be inserted—
(2A) For the purposes of section 72D a business is also regulated to the extent that it consists in the provision of a public electronic communications network or a public electronic communications service.
Company Directors Disqualification Act 1986
83 In section 9E(2) of the Company Directors Disqualification Act 1986 (c. 46) (interpretation), for paragraph (a) there shall be substituted—
(a) the Office of Communications;
.
Channel Tunnel Act 1987
84 For section 32 of the Channel Tunnel Act 1987 (c. 53), there shall be substituted—
Exclusion of rights under electronic communications code
32 No rights shall be exercisable by any person by virtue of the electronic communications code in relation to any land comprised in the tunnel system and lying in or under the bed of the sea.
85 In paragraph 3(2)(b) of Schedule 2 to that Act (supplementary provisions as to scheduled works etc.), for “telecommunications” there shall be substituted “ electronic communications ”.
86 (1) Part 10 of Schedule 7 to that Act (protection of telecommunications operators) shall be amended as follows.
(2) In paragraph 1(1), for “a telecommunications operator” there shall be substituted “ an operator of an electronic communications code network ”.
(3) In paragraphs 2 to 7—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(b) for “a telecommunications code system”, “a telecommunication system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(c) for “that telecommunications system” there shall be substituted “ that network ”;
(d) for “the telecommunications operator”, wherever occurring, there shall be substituted “ the operator ”;
(e) for “any telecommunications operator”, wherever occurring, there shall be substituted “ any operator of an electronic communications code network ”;
(f) for “a system” and “that system”, wherever occurring, there shall be substituted, respectively, “ a network ” and “ that network ”;
(g) for “the system”, wherever occurring, there shall be substituted “ the electronic communications code network ”.
Consumer Protection (Northern Ireland) Order 1987
87 (1) Article 29 of the Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20)) (restrictions on disclosure of information) shall be amended as follows.
(2) In paragraph (3), after sub-paragraph (n), there shall be inserted—
(o) the Communications Act 2003.
(3) In paragraph (6) for “the Director General of Telecommunications” there shall be substituted “ the Office of Communications ”.
Income and Corporation Taxes Act 1988
88 In section 567(2)(b) of the Income and Corporation Taxes Act 1988 (c. 1) (meaning of “construction operations”), for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.
Norfolk and Suffolk Broads Act 1988
89 In section 25(1) of the Norfolk and Suffolk Broads Act 1988 (c. 4) (interpretation), in the definition of “statutory undertaker”, for paragraph (d) there shall be substituted—
(d) any electronic communications code operator;
.
Malicious Communications Act 1988
90 In section 1(2A)(a) of the Malicious Communications Act 1988 (c. 27) (offence of sending electronic communications with intent to cause distress or anxiety), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.
Copyright, Designs and Patents Act 1988
91 (1) Section 69 of the Copyright, Designs and Patents Act 1988 (c. 48) (no infringement of copyright by use of recordings for certain supervisory purposes) shall be amended as follows.
(2) In subsection (2)—
(a) for paragraph (a) there shall be substituted—
(a) section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;
;
(b) in paragraph (b), for the words from “by virtue of” to “1990” there shall be substituted “ by virtue of section 334(1) of the Communications Act 2003 ”;
(c) in paragraph (c), for “Radio Authority” there shall be substituted “ OFCOM ”;
(d) after paragraph (c) there shall be inserted—
(d) section 334(3) of the Communications Act 2003.
(3) For subsection (3) there shall be substituted—
(3) Copyright is not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—
(a) any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or
(b) any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.
(4) In subsection (3), “existing material” means—
(a) any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and
(b) any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.
92 (1) Section 73 of that Act (no breach of copyright by certain retransmissions of wireless broadcasts by cable ) shall be amended as follows.
(2) In subsection (6)—
(a) for paragraphs (c) and (d) there shall be substituted—
(c) the public teletext service,
(d) S4C Digital, and
;
(b) for the words after paragraph (e) there shall be substituted— “ and expressions used in this subsection have the same meanings as in Part 3 of the Communications Act 2003. ”
(3) For subsection (7) there shall be substituted—
(7) In this section “relevant requirement” means a requirement imposed by a general condition (within the meaning of Chapter 1 of Part 2 of the Communications Act 2003) the setting of which is authorised under section 64 of that Act (must-carry obligations).
93 (1) Paragraph 17 of Schedule 2 to that Act (no infringement of performance rights by use of recordings for certain supervisory purposes) shall be amended as follows.
(2) In sub-paragraph (2)—
(a) for paragraph (a) there shall be substituted—
(a) section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;
;
(b) in paragraph (b), for the words from “by virtue of” to “1990” there shall be substituted “ by virtue of section 334(1) of the Communications Act 2003 ”;
(c) in paragraph (c), for “Radio Authority” there shall be substituted “ OFCOM ”;
(d) after paragraph (c) there shall be inserted—
(d) section 334(3) of the Communications Act 2003.
(3) For sub-paragraph (3) there shall be substituted—
(3) The rights conferred by Part 2 are not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—
(a) any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or
(b) any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.
(4) In subsection (3), “existing material” means—
(a) any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and
(b) any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.
Housing Act 1988
94 (1) Part 2 of Schedule 10 to the Housing Act 1988 (c. 50) (provisions about land acquired by a housing action trust) shall be amended as follows.
(2) In paragraphs 4, 5, 11, 12 and 14—
(a) for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;
(b) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(c) for “telecommunications apparatus” and “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(d) for “such system” and “the system”, wherever occurring, there shall be substituted, respectively, “ such network ” and “ the network ”.
Road Traffic Act 1988
95 In section 21(3)(b) of the Road Traffic Act 1988 (c. 52) (exception from prohibition of driving etc on cycle tracks for statutory undertakers), for the words from “a telecommunications code system” to “1984)” there shall be substituted “ an electronic communications code network ”.
Water Act 1989
96 (1) Section 174 of the Water Act 1989 (c. 15) (general restrictions on disclosure of information) be amended as follows.
(2) In subsection (2)(d), for sub-paragraph (iv) there shall be substituted—
(iv) the Office of Communications;
.
(3) In subsection (3), after paragraph (ln) there shall be inserted—
(lo) the Communications Act 2003;
.
Road Traffic (Driver Licensing and Information Systems) Act 1989
97 (1) The Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22) shall be amended as follows.
(2) For section 9(3) (requirement for licence to operate driver information systems) there shall be substituted—
(3) The holding by a person of a licence under this section shall not relieve him of—
(a) any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or
(b) any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).
(3) In paragraph 4 of Schedule 4 (application of telecommunications code to licence holders), for the words “(application of telecommunications code)” there shall be substituted “ (procedure for works involving alteration of electronic communications apparatus) ”.
(4) In paragraph 8 of Schedule 5 (undertakers' works affecting driver information systems)—
(a) in the definition of “relevant undertaker”, for paragraph (b) there shall be substituted—
(b) any electronic communications code operator;
;
(b) in the definition of “undertaker’s works”, in paragraph (b), for “a telecommunication system run by him” there shall be substituted “ an electronic communications code network provided by him ”.
Electricity Act 1989
98 In section 3A(4)(b) of the Electricity Act 1989 (c. 29) (general duties of Secretary of State and Authority), for sub-paragraph (i) there shall be substituted—
(i) communications services and electronic communications apparatus, or
.
99 (1) Schedule 4 to that Act (other powers etc. of licence holders) shall be amended as follows.
(2) In paragraphs 3(1)(d) and 5—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(b) for “a telecommunication system” there shall be substituted “ an electronic communications code network ”; and
(c) for “telecommunications code”, wherever occurring, there shall be substituted “ electronic communications code ”.
(3) In paragraph 4(1), for paragraph (c) there shall be substituted—
(c) any electronic communications code operator or any former PTO; and
.
Local Government and Housing Act 1989
100 In section 88(1)(e)(i) of the Local Government and Housing Act 1989 (c. 42) (electronic communication), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.
Insolvency (Northern Ireland) Order 1989
101 (1) The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) shall be amended as follows.
(2) In Article 197(3) (supplies of water, electricity, etc.) for sub-paragraph (c) to the end there shall be substituted—
(c) a supply of communications services by a provider of a public electronic communications service,
and in this paragraph “communications services” do not include electronic communications services to the extent that they are used to broadcast or transmit programme services (within the meaning of the Communications Act 2003).
(3) In Article 343(4) (supplies of water, electricity, etc.) for sub-paragraph (c) to the end there shall be substituted—
(c) a supply of communications services by a provider of a public telecommunications service,
and in this paragraph ‘communications services’ do not include electronic communications services to the extent that they are used to broadcast or transmit programme services (within the meaning of the Communications Act 2003).
Town and Country Planning Act 1990
102 In section 148(1) of the Town and Country Planning Act 1990 (c. 8) (interpretation of Chapter 1), in the definition of “statutory undertakers”, for “public telecommunications operators” there shall be substituted “ electronic communications code operators and former PTOs ”.
103 (1) This paragraph applies to the following provisions of that Act—
(a) section 236(2) (exception to extinguishment of rights over land compulsorily acquired);
(b) section 237(3) (saving from power to override certain rights);
(c) section 256 (Secretary of State’s orders affecting telecommunications apparatus);
(d) section 260 (orders by other authorities affecting telecommunication apparatus);
(e) section 272 (extinguishment of rights of telecommunications code system operators);
(f) section 273(7) and (8) (notices given to developing authority);
(g) section 274(2) (making of orders);
(h) section 279(3) (right to compensation).
(2) In each of the provisions to which this paragraph applies—
(a) for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ electronic communications code ”;
(b) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(c) for “telecommunications apparatus” and “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(d) for “the telecommunications code system”, wherever occurring, there shall be substituted “ the electronic communications code network ”;
(e) for “system”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ network ”.
104 In section 280 of that Act (measures of compensation)—
(a) for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;
(b) for “the running of the telecommunications code system”, wherever occurring, there shall be substituted “ the provision of the electronic communications code network ”.
105 In paragraph 1(a) of Schedule 13 to that Act (blighted land), for sub-paragraph (ii) there shall be substituted—
(ii) of the provision by an electronic communications code operator of an electronic communications code network or the provision by a former PTO of a public electronic communications network or a public electronic communications service, or
.
Planning (Listed Buildings and Conservation Areas) Act 1990
106 (1) The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) shall be amended as follows.
(2) In section 51(2) (saving for ending of rights over land compulsorily acquired), for paragraphs (b) and (c) there shall be substituted—
(b) to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, or
(c) to any electronic communications apparatus kept installed for the purposes of any such network.
(3) In section 91(3) (meaning of “statutory undertakers” in certain sections), in paragraph (a) for “a public telecommunications operator” there shall be substituted “ an electronic communications code operator and to a former PTO ”.
London Local Authorities (No. 2) Act 1990
107 (1) Section 5 of the London Local Authorities (No. 2) Act 1990 (c. xxx) (crime prevention) shall be amended as follows.
(2) For subsection (1)(b) there shall be substituted—
(b) providing within their area an electronic communications service which is distributed—
(i) only to persons on a single set of premises; and
(ii) by an electronic communications network which is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises;
.
(3) In subsection (1)(c), for “telecommunications system” there shall be substituted “ electronic communications network or electronic communications service ”.
(4) After subsection (4), there shall be inserted—
(4A) For the purposes of subsection (1)(b)—
(a) a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and
(b) two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.
(5) For subsection (5), there shall be substituted—
(5) In this section—
“premises” includes a vehicle; and
“vehicle” includes a vessel, aircraft or hovercraft.
New Roads and Street Works Act 1991
108 (1) In the New Roads and Street Works Act 1991 (c. 22)—
(a) paragraph 7 of Schedule 4 (streets with special engineering difficulties), and
(b) paragraph 7 of Schedule 6 (roads with special engineering difficulties),
shall be amended as follows.
(2) For “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”.
(3) In sub-paragraph (3)(c)—
(a) for “a telecommunication system” there shall be substituted “ an electronic communications network ”; and
(b) for “a system” there shall be substituted “ a network ”.
Coal Mining Subsidence Act 1991
109 In section 52(1) of the Coal Mining Subsidence Act 1991 (c. 45) (interpretation) in the definition of “statutory undertakers”, in paragraph (b) for “any public telecommunications operator” there shall be substituted “ any electronic communications code operator, any former PTO ”.
Water Industry Act 1991
110 In section 219 of the Water Industry Act 1991 (c. 56) (general interpretation), in the definition of “accessories”, for “telecommunication apparatus (within the meaning of Schedule 2 to the Telecommunications Act 1984)” there shall be substituted “ electronic communications apparatus ”.
111 (1) Schedule 13 to that Act (protective provisions in respect of certain undertakings) shall be amended as follows.
(2) In paragraph 1(5), for paragraph (c) there shall be substituted—
(c) any undertaking consisting in the provision of an electronic communications network;
.
(3) In paragraph 4, for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.
112 (1) Schedule 15 to that Act (disclosure of information) shall be amended as follows.
(2) In Part 1, for “The Director General of Telecommunications” there shall be substituted “ The Office of Communications ”.
(3) In Part 2, after the entry relating to the Enterprise Act 2002, there shall be inserted— “ The Communications Act 2003. ”
Water Resources Act 1991
113 In section 221 of the Water Resources Act 1991 (c. 57) (general interpretation), in the definition of “accessories”, for “telecommunication apparatus (within the meaning of Schedule 2 to the Telecommunications Act 1984)” there shall be substituted “ electronic communications apparatus ”.
114 (1) Schedule 22 to that Act (general provisions protecting undertakings) shall be amended as follows.
(2) In paragraph 1(4), for paragraph (c) there shall be substituted—
(c) any undertaking consisting in the provision of an electronic communications network;
.
(3) In paragraph 5, for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.
115 (1) Schedule 24 to that Act (disclosure of information) shall be amended as follows.
(2) In Part 1, for “The Director General of Telecommunications” there shall be substituted “ The Office of Communications ”.
(3) In Part 2, after the entry relating to the Enterprise Act 2002, there shall be inserted— “ The Communications Act 2003. ”
Land Drainage Act 1991
116 In paragraph 1(1) of Schedule 6 to the Land Drainage Act 1991 (c. 59) (protection for particular undertakings), for paragraph (c) there shall be substituted—
(c) any undertaking consisting in the provision of an electronic communications code network;
.
Planning (Northern Ireland) Order 1991
117 In Articles 103 (making of orders) and 104 (telecommunication apparatus) of the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11))—
(a) for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”) there shall be substituted “ electronic communications code ”;
(b) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(c) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(d) for “system” (except in the expression “telecommunications code system”) there shall be substituted “ network ”.
Charities Act 1992
118 In section 60(6)(c) of the Charities Act 1992 (c. 41) (making of payments to professional fund-raisers etc.), for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.
Carriage of Goods by Sea Act 1992
119 In section 1(5) of the Carriage of Goods by Sea Act 1992 (c. 50), for “a telecommunication system” there shall be substituted “ an electronic communications network ”.
Electricity (Northern Ireland) Order 1992
120 The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) shall be amended as follows.
121 In Article 61 (restrictions on disclosure of information)—
(a) for paragraph (2)(b)(vi) there shall be substituted—
(vi) the Office of Communications;
;
(b) after paragraph (3)(u) there shall be inserted—
(v) the Communications Act 2003;
.
122 (1) Schedule 4 (other powers etc. of licence holders) shall be amended as follows.
(2) In paragraph 1(1)—
(a) for “a public telecommunications operator” there shall be substituted “ an electronic communications code operator ”;
(b) for “telecommunication system” there shall be substituted “ electronic communications network ”.
(3) In paragraphs 4 and 6 for “public telecommunications operator” there shall be substituted “ electronic communications code operator ”.
(4) In paragraphs 3(1) and (2), 5(1), (2), (3) and (4), 6(1) and 9—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(b) for “a telecommunication system”, wherever occurring, there shall be substituted “ an electronic communications network ”;
(c) for “telecommunications code”, wherever occurring, there shall be substituted “ electronic communications code ”.
...
123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cardiff Bay Barrage Act 1993
124 In Schedule 2 to the Cardiff Bay Barrage Act 1993 (c. 42) (supplementary provisions about Development Corporation works)—
(a) in paragraph 1(c), for “telecommunication” there shall be substituted “ electronic communications ”;
(b) in paragraph 16, for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.
125 In paragraph 3(2)(c) of Schedule 4 to that Act (exception to extinguishment of rights over land compulsorily acquired)—
(a) for “the telecommunications code” there shall be substituted “ the electronic communications code ”;
(b) for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;
(c) for “such system;” there shall be substituted “ such network. ”
126 In paragraph 21 of Schedule 7 to that Act (powers of survey etc. in connection with groundwater damage)—
(a) in sub-paragraphs (5)(b)(ii) and (7), for “a relevant telecommunications licenceholder” there shall be substituted “ a provider of a public electronic communications network ”;
(b) in sub-paragraphs (6) and (7), for “or licenceholder” there shall be substituted “ or provider ”;
(c) in sub-paragraph (6), for “running of the telecommunication system” there shall be substituted “ provision of the public electronic communications network ”.
Railways Act 1993
127 (1) Section 145 of the Railways Act 1993 (c. 43) (general restrictions on disclosure of information) be amended as follows.
(2) In subsection (2)(b), for sub-paragraph (iv) there shall be substituted—
(iv) the Office of Communications,
.
(3) In subsection (3), after paragraph (qs) there shall be inserted—
(qt) the Communications Act 2003;
.
Roads (Northern Ireland) Order 1993
128 (1) This paragraph applies to the following provisions of the Roads (Northern Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15))—
(a) Article 12(2) (road bridges over railways);
(b) Article 70(2) (consultation on exercise of power to erect structure on road);
(c) Article 72(2) (control of scaffolding on roads);
(d) Article 73(2) (restriction on placing rails etc. over roads);
(e) Article 78(2) (excavations in a road);
(f) Article 79(2) (placing of apparatus in or under roads);
(g) Article 82(3) (excavations near a road);
(h) Article 83(2) (alteration of wall, fence or drain at the side of a road);
(i) Schedule 9 (savings for telecommunications apparatus).
(2) In each of the provisions to which this paragraph applies—
(a) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(b) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(c) for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ electronic communications code ”;
(d) for “that system”, “any such system” and “the system”, wherever occurring, there shall be substituted, respectively, “ that network ”, “ any such network ” and “ the network ”;
(e) for “the telecommunications code system” there shall be substituted “ the electronic communications code network ”.
Value Added Tax Act 1994
129 (1) The Value Added Tax Act 1994 (c. 23) shall be amended as follows.
(2) In section 33 (refunds of VAT in certain cases)—
(a) in subsection (3), for paragraph (j) there shall be substituted—
(j) the appointed news provider referred to in section 280 of the Communications Act 2003; and
;
(b) in subsection (5), for “a nominated” there shall be substituted “ an appointed ”.
(3) In Part 2 of Schedule 9 (exemptions), in Note (1) in Group 12 (fund-raising events by charities etc.), for “a telecommunications system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.
Criminal Justice and Public Order Act 1994
130 (1) Section 163 of the Criminal Justice and Public Order Act 1994 (c. 33) (local authority powers to provide closed-circuit television) shall be amended as follows.
(2) For subsection (1)(b) there shall be substituted—
(b) providing within their area an electronic communications service which is distributed—
(i) only to persons on a single set of premises; and
(ii) by an electronic communications network which is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises;
.
(3) In subsection (1)(c), for “telecommunications system” there shall be substituted “ electronic communications network or electronic communications service ”.
(4) After subsection (3), there shall be inserted—
(3A) For the purposes of subsection (1)(b)—
(a) a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and
(b) two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.
(5) In subsection (4), for the definition of “telecommunications system” there shall be substituted—
“premises” includes a vehicle; and
“vehicle” includes a vessel, aircraft or hovercraft.
Airports (Northern Ireland) Order 1994
131 In Article 12 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) (provisions as to telecommunications apparatus)—
(a) for “telecommunications apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(b) for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;
(c) for “a telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;
(d) in paragraph (3), for “that system” there shall be substituted “ that network ”.
Merchant Shipping Act 1995
132 In section 91(7) of the Merchant Shipping Act 1995 (c. 21) (report of dangers to navigation), in the definition of “controlled station for wireless telegraphy”—
(a) after “Secretary of State” there shall be inserted “ or by the Office of Communications ”; and
(b) for “by him” there shall be substituted “ by the Office of Communications ”.
Criminal Procedure (Scotland) Act 1995
133 (1) The Criminal Procedure (Scotland) Act 1995 (c. 46) shall be amended as follows.
(2) In section 302(9)(a) (interpretation), at the end there shall be inserted “ nor an offence to which Schedule 6 to the Communications Act 2003 (fixed penalties for wireless telegraphy offences) applies. ”
(3) In Schedule 9 (certificates as to proof of certain routine matters), at the end there shall be inserted—
The Communications Act 2003 Section 363(1) and (2) (offence of unauthorised installation or use of a television receiver) | A person authorised to do so by the British Broadcasting Corporation | In relation to premises at an address specified in the certificate, whether on a date so specified any television licence (for the purposes of that section) was, in records maintained on behalf of the Corporation in relation to such licences, recorded as being in force; and, if so, particulars so specified of such record of that licence.
British Waterways Act 1995
134 In section 3(1) of the British Waterways Act 1995 (c. i) (interpretation), in the definition of “relevant undertaker”, in paragraph (f), for the words from the beginning to “in that Act)” there shall be substituted “ any provider of an electronic communications network having any electronic communications apparatus ”.
Street Works (Northern Ireland) Order 1995
135 (1) Paragraph 7 of Schedule 2 to the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) (streets with special engineering difficulties) shall be amended as follows.
(2) For “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”.
(3) In sub-paragraph (3)(c)—
(a) for “a telecommunication system” there shall be substituted “ an electronic communications network ”;
(b) for “a system” there shall be substituted “ a network ”.
Housing Act 1996
136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing Grants, Construction and Regeneration Act 1996
137 In section 105(1)(b) of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (meaning of “construction operations”), for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.
Channel Tunnel Rail Link Act 1996
138 In Schedule 6 to the Channel Tunnel Rail Link Act 1996 (c. 61) (planning conditions), in the table in paragraph 6(4) and the table in paragraph 15(4), for “telecommunications masts”, in each place, there shall be substituted “ electronic communications masts ”.
139 (1) Part 4 of Schedule 15 to that Act (protection of telecommunications operators) shall be amended as follows.
(2) In paragraph 1(1), for “telecommunications operator” there shall be substituted “ an operator of an electronic communications code network ”.
(3) In paragraphs 2 to 4—
(a) for “telecommunications code”, wherever occurring, there shall be substituted “ electronic communications code ”;
(b) for “telecommunications apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(c) for “a telecommunications operator”, wherever occurring, there shall be substituted “ an operator ”;
(d) for “any telecommunications operator”, wherever occurring, there shall be substituted “ any operator of an electronic communications code network ”;
(e) for “the telecommunications operator”, wherever occurring, there shall be substituted “ the operator ”;
(f) for “telecommunications system” there shall be substituted “ electronic communications code network ”.
(4) In paragraph 5—
(a) for “telecommunications apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(b) for “telecommunications operator”, in the first place where it occurs, there shall be substituted “ operator of an electronic communications code network ”;
(c) for “telecommunications operator”, in each other place where it occurs, there shall be substituted “ operator ”.
Gas (Northern Ireland) Order 1996
140 The Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) shall be amended as follows.
141 In Article 44 (restrictions on disclosure of information)—
(a) in paragraph (3)(b), for head (vi) there shall be substituted—
(vi) the Office of Communications;
;
(b) in paragraph (4), after sub-paragraph (v) there shall be inserted—
(w) the Communications Act 2003.
142 (1) Schedule 3 (other powers etc. of licence holders) shall be amended as follows.
(2) In paragraph 1(1)—
(a) for “a public telecommunications operator” there shall be substituted “ an electronic communications code operator ”;
(b) for “telecommunication system” there shall be substituted “ electronic communications network ”.
(3) In paragraphs 4 and 6 for “public telecommunications operator” there shall be substituted “ electronic communications code operator ”.
(4) In paragraphs 3(1), (2) and (3), 5(1) and (2), 6(1) and 8—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;
(b) for “a telecommunication system”, wherever occurring, there shall be substituted “ an electronic communications network ”;
(c) for “telecommunications code”, wherever occurring, there shall be substituted “ electronic communications code ”.
Construction Contracts (Northern Ireland) Order 1997
143 In Article 4(1)(b) of the Construction Contracts (Northern Ireland) Order 1997 (S.I. 1997/274 (N.I. 1)) (meaning of “construction operations”), for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.
Waste and Contaminated Land (Northern Ireland) Order 1997
144 In Article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) (meaning of “industrial waste” for “telecommunication services”) there shall be substituted “ communications services ”.
Wireless Telegraphy Act 1998
145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance Act 1998
152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Competition Act 1998
153 (1) Schedule 7 to the Competition Act 1998 (c. 41) (members of Commission appointed under certain enactments) shall be amended as follows.
(2) In paragraph 2(1)(d), for sub-paragraph (iii) there shall be substituted—
(iii) section 194(1) of the Communications Act 2003;
.
(3) In paragraph 19A(9), in the definition of “special reference group”, after paragraph (n) there shall be inserted
or
(o) section 193 of the Communications Act 2003.
154 In paragraph 1 of Schedule 7A to that Act (procedural rules), in the definition of “special investigation”, for “and (n)” there shall be substituted “ , (n) and (o) ”.
Regional Development Agencies Act 1998
155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance Act 1999
156 In section 132(10) of the Finance Act 1999 (c. 16) (power to provide for use of electronic communications), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications service ”.
Greater London Authority Act 1999
157 (1) Section 235 of the Greater London Authority Act 1999 (c. 29) (restrictions on disclosure of information) shall be amended as follows.
(2) In subsection (2)(c), for sub-paragraph (iv) there shall be substituted—
(iv) the Office of Communications,
.
(3) In subsection (3), after paragraph (rs) there shall be inserted—
(rt) the Communications Act 2003;
.
Electronic Communications Act 2000
158 In section 15(1) of the Electronic Communications Act 2000 (c. 7) (general interpretation), in the definition of “electronic communication”, for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.
Television Licences (Disclosure of Information) Act 2000
159 In section 5 of the Television Licences (Disclosure of Information) Act 2000 (c. 15) (interpretation)—
(a) for the definitions of “the BBC” and “television licence” there shall be substituted—
“the BBC” means the British Broadcasting Corporation;
;
(b) after the definition of “prescribed” there shall be inserted—
“television licence” means a licence for the purposes of section 363 of the Communications Act 2003;
.
Finance Act 2000M
160 In paragraph 8 of Schedule 38 to the Finance Act 2000 (c. 17) (regulations for providing incentives for electronic communications), in the definition of “electronic communications”, for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications service ”.
Regulation of Investigatory Powers Act 2000
161 (1) The Regulation of Investigatory Powers Act 2000 (c. 23) shall be amended as follows.
(2) In section 26(6)(a) (surveillance carried out for detecting unlicensed TV use), for “section 1 of the Wireless Telegraphy Act 1949)” there shall be substituted “ Part 4 of the Communications Act 2003) ”.
(3) In Part 1 of Schedule 1 (relevant public authorities for the purposes of sections 28 and 29 of that Act), after paragraph 23 there shall be inserted—
23A The Office of Communications.
Postal Services Act 2000
162 (1) The Postal Services Act 2000 (c. 26) shall be amended as follows.
(2) In section 125(2)(a) (communications delivered otherwise than electronically), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utilities Act 2000
163 (1) Section 105 of the Utilities Act 2000 (c. 27) (general restrictions on disclosure of information) shall be amended as follows.
(2) In subsection (5), for paragraph (d) there shall be substituted—
(d) the Office of Communications;
.
(3) In subsection (6), after paragraph (s) there shall be inserted—
(t) the Communications Act 2003.
Freedom of Information Act 2000
164 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), there shall be inserted at the appropriate place—
The Consumer Panel established under section 16 of the Communications Act 2003.
Countryside and Rights of Way Act 2000
165 (1) The Countryside and Rights of Way Act 2000 (c. 37) shall be amended as follows.
(2) In section 17(4) (byelaws not to interfere with certain rights), for paragraph (c) there shall be substituted—
(c) with the provision of an electronic communications code network or the exercise of any right conferred by or in accordance with the electronic communications code on the operator of any such network.
(3) In paragraph 8 of Schedule 1 (excepted land), for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”.
Transport Act 2000
166 (1) Paragraph 3 of Schedule 9 to the Transport Act 2000 (c. 38) (air traffic information) shall be amended as follows.
(2) In sub-paragraph (2), for paragraph (d) there shall be substituted—
(d) the Office of Communications;
.
(3) In sub-paragraph (3)—
(a) after paragraph (q) there shall be inserted—
(qa) the Broadcasting Act 1996;
;
(b) after paragraph (ra) there shall be inserted—
(rb) the Communications Act 2003;
.
Political Parties, Elections and Referendums Act 2000
167 (1) The Political Parties, Elections and Referendums Act 2000 (c. 41) shall be amended as follows.
(2) In section 11(3) (broadcasters to have regard to Electoral Commission’s views on political broadcasts), for the words from “and Sianel” to “regard” there shall be substituted “ shall have regard, in determining its policy with respect to party political broadcasts, ”.
(3) In paragraph 4(6) of Schedule 12 (broadcasters to have regard to Electoral Commission’s views on referendum campaign broadcasts), for the words from “and Sianel” to “regard” there shall be substituted “ shall have regard, in determining its policy with respect to referendum campaign broadcasts by designated organisations, ”.
Vehicles (Crime) Act 2001
168 In sections 16(2)(a), 31(2)(a) and 40(6) of the Vehicles (Crime) Act 2001 (c. 3) (transmission of representations and service of notices etc.), for “a telecommunication system (within the meaning of the Telecommunications Act 1984 (c. 12))” there shall be substituted “ an electronic communications network ”.
Criminal Justice and Police Act 2001
169 In the table in section 1(1) of the Criminal Justice and Police Act 2001 (c. 16) (offences leading to penalties on the spot), after the entry relating to section 12 of that Act there shall be inserted—
Section 127(2) of the Communications Act 2003 | Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety
.
Electronic Communications Act (Northern Ireland) 2001
170 In section 4(1) of the Electronic Communications Act (Northern Ireland) 2001 (c. 9 (N.I.)) (interpretation), in the definition of “electronic communication”, for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.
Office of Communications Act 2002
171 Sections 2, 4, 5 and 6 of the Office of Communications Act 2002 (c. 11) shall cease to have effect.
172 (1) The Schedule to that Act shall be amended as follows.
(2) The following shall cease to have effect—
(a) paragraph 1(4);
(b) paragraph 8(5);
(c) paragraph 17(8) and (9); and
(d) paragraph 20.
(3) For paragraph 8(1) there shall be substituted—
(1) It shall be the duty of OFCOM so to conduct their affairs as to secure that their revenues so far as they —
(a) derive from the exercise of powers to impose charges or fees in respect of the carrying out of particular functions, and
(b) do not fall to be paid into the Consolidated Fund of the United Kingdom or of Northern Ireland,
are at least sufficient to enable OFCOM to meet the costs of carrying out the functions to which the revenues relate.
(4) After paragraph 14(3) (executive committees of OFCOM to include member or employee of OFCOM) there shall be inserted—
(3A) Sub-paragraph (3) has effect in the case of a committee of OFCOM which—
(a) is not the Content Board, but
(b) has functions that are confined to functions falling within section 13(2) of the Communications Act 2003 (functions within the Content Board’s remit),
as if the reference in that sub-paragraph to a member of OFCOM included a reference to a member of the Content Board who is not a member of OFCOM.
Tobacco Advertising and Promotion Act 2002
173 (1) Section 12 of the Tobacco Advertising and Promotion Act 2002 (c. 36) (exclusion from that Act of advertising on television and radio) shall be amended as follows.
(2) For subsection (3) there shall be substituted—
(3) This subsection applies to —
(a) a service falling within section 211(1) of the Communications Act 2003 (independent television services regulated by the Office of Communications) which is not an additional television service (within the meaning of Part 3 of that Act); and
(b) an additional television service comprised in the public teletext service (within the meaning of that Part).
(3) For subsection (5) there shall be substituted—
(5) This subsection applies to a service which—
(a) falls within section 245(1) of the Communications Act 2003 (independent radio services regulated by the Office of Communications); but
(b) is not a digital additional sound service (within the meaning of Part 3 of that Act).
Enterprise Act 2002
174 (1) The Enterprise Act 2002 (c. 40) shall be amended as follows.
(2) In section 126(6) (service of documents electronically), for “a telecommunication system (within the meaning of the Telecommunications Act 1984 (c. 12))” there shall be substituted “ an electronic communications network ”.
(3) In section 128(5) (supply of services and market for services etc.), for “section 189(2) of the Broadcasting Act 1990 (c. 42)” there shall be substituted “ paragraph 29 of Schedule 2 to the Telecommunications Act 1984 ”.
(4) In section 136 (investigations and reports on market investigation references)—
(a) in subsection (7), after paragraph (g) there shall be inserted—
(h) in relation to the Office of Communications, sections 370 and 371 of the Communications Act 2003.
;
(b) in subsection (8), for “or the Civil Aviation Authority” there shall be substituted “ , the Civil Aviation Authority or the Office of Communications ”.
(5) In section 168 (regulated markets)—
(a) in subsection (3)(e), for “section 39(1) of the Broadcasting Act 1990 (c. 42)” there shall be substituted “ section 290 of the Communications Act 2003 ”;
(b) for subsection (4)(e), there shall be substituted—
(e) in relation to any networking arrangements (within the meaning given by section 290 of the Communications Act 2003), the duty of the Office of Communications under subsection (1) of section 3 of that Act to secure the matters mentioned in subsection (2)(c) of that section;
;
(c) for subsection (5)(g), there shall be substituted—
(g) the Office of Communications;
.
(6) In section 234(5) (supply of services), for “section 189(2) of the Broadcasting Act 1990 (c. 42)” there shall be substituted “ paragraph 29 of Schedule 2 to the Telecommunications Act 1984 ”.
(7) In Schedule 15 (enactments conferring functions), in the appropriate place, there shall be inserted— “ Communications Act 2003. ”
Income Tax (Earnings and Pensions) Act 2003
175 (1) The Income Tax (Earnings and Pensions) Act 2003 (c. 1) shall be amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 406
General
1 (1) This paragraph applies where, at any time before the coming into force of a transfer made by virtue of section 2—
(a) any subordinate legislation has been made in the carrying out of the transferred functions by the person from whom the transfer is made; or
(b) any other thing has been done by or in relation to that person for the purposes of or in connection with the carrying out of those functions.
(2) The subordinate legislation or other thing—
(a) is to have effect, on and after the coming into force of the transfer, and so far as necessary for its purposes, as if it had been made or done by or in relation to OFCOM; and
(b) in the case of subordinate legislation to which section 403 applies when it is made by OFCOM, shall so have effect as if made in accordance with the requirements of that section.
(3) Where any subordinate legislation, direction, authorisation or notice has effect in accordance with this paragraph—
(a) so much of it as authorises or requires anything to be done by or in relation to the person from whom the transfer is made is to have effect in relation to times after the coming into force of the transfer as if it authorised or required that thing to be done by or in relation to OFCOM; and
(b) other references in the subordinate legislation, direction, authorisation or notice to the person from whom the transfer is made are to have effect, in relation to such times, as references to OFCOM.
Steps taken in anticipation of passing or coming into force of Act
2 (1) This paragraph applies where the Secretary of State or OFCOM is or are required—
(a) by a provision of this Act, or
(b) by virtue of an amendment made by this Act,
to take steps before exercising a power or performing a duty.
(2) The requirement is capable of being satisfied by the taking of the steps in anticipation of effect being given to the provision by virtue of which the power or duty is—
(a) conferred or imposed on the Secretary of State or OFCOM; or
(b) transferred to OFCOM.
(3) For the purposes of sub-paragraph (2) it is immaterial—
(a) that the provision by virtue of which the power or duty is conferred, imposed or transferred had not been enacted, or had not come into force, when the steps were taken; and
(b) in the case of steps taken before the enactment of that provision, that the provision the effect of which was anticipated was modified before being enacted.
(4) In relation to provisions brought into force as mentioned in subsection (1) of section 408 for the purpose of enabling specified functions to be carried out by the Director or the Secretary of State—
(a) this paragraph has effect in relation to steps taken by the Director or the Secretary of State as it has in relation to steps taken by OFCOM; and
(b) subsection (5) of that section applies in relation to steps taken by the Director or the Secretary of State in anticipation of effect being given to those provisions as it would apply to anything done by the Director or the Secretary of State for the purposes of, or in connection with, the carrying out of those functions.
(5) Where a requirement is satisfied by virtue of this paragraph by steps taken in anticipation of effect being given to a provision—
(a) representations made to or other things done in relation to OFCOM, or the Director or the Secretary of State, in consequence of the taking of those steps, and
(b) any requirements framed by reference to the time at which those steps were taken,
are to have effect as if the provision in question had come into force before those steps were taken.
Savings for agreements referring to the termination of a 1984 Act licence
3 (1) This paragraph applies where a term or condition of an agreement in force immediately before the abolition of licensing provides—
(a) for the agreement, or a provision of it, to cease to have effect,
(b) for the agreement to become capable of being terminated,
(c) for a requirement to pay or repay an amount (whether liquidated or unliquidated) to arise under the agreement, or to arise earlier than it would otherwise have arisen,
(d) for a security to become enforceable, or
(e) for rights or obligations of a person under the agreement to be different or to be modified,
if a person (whether or not a party to the agreement) ceases to hold a licence under section 7 of the 1984 Act, or ceases to do so in a manner or in circumstances described in the agreement.
(2) Where a person ceases to hold a licence in consequence of the provisions of this Act removing the requirement to hold a licence under section 7 of the 1984 Act—
(a) the term or condition is not to apply; and
(b) the rights and obligations of the parties to the agreement are to be the same (subject to the following sub-paragraphs) as they would have been had the person in question continued to hold such a licence.
(3) In relation to times after the abolition of licensing, that term or condition is to have effect as if the reference in that term or condition—
(a) to a person’s ceasing to hold a licence under section 7 of the 1984 Act, or
(b) to his ceasing to do so in a particular manner or particular circumstances,
were a reference to his becoming subject to a direction under this Act by virtue of which he is prohibited from providing the whole or a part of an electronic communications network or electronic communications service.
(4) In sub-paragraph (3) the reference to a person’s becoming subject to a direction by virtue of which he is prohibited from providing the whole or a part of an electronic communications network or electronic communications service—
(a) does not include a reference to his becoming subject to a direction imposing a prohibition for a fixed period of less than eighteen months or to a direction that will have to be revoked if not confirmed; but
(b) except in the case of a direction imposing a prohibition for such a fixed period, does include a reference to the confirmation of a direction that would otherwise have had to be revoked.
(5) This paragraph does not apply in the case of a term or condition of an agreement if, on an application to the court by one or both of the parties to the agreement, the court directs—
(a) that this paragraph is not to apply; or
(b) that it is to apply with such modifications, or subject to the payment of such compensation, as the court may specify in the direction.
(6) In determining whether to give a direction under sub-paragraph (5) or what modifications or compensation to specify in such a direction the court must have regard to the following—
(a) whether either or both of the parties to the agreement contemplated the abolition of the licensing requirements of the 1984 Act when they entered into the agreement; and
(b) the extent (if any) to which the provisions of this paragraph represent what it would have been reasonable for the parties to have agreed had they both known at that time what provision was to be made by this Act and when it was to come into force.
(7) For the purposes of this paragraph—
(a) references to ceasing to hold a licence include references to its expiring or being revoked; and
(b) references to a licence under section 7 of the 1984 Act include references to a licence under that section of a particular description.
(8) In this paragraph “the court” means the High Court or the Court of Session.
(9) This paragraph has effect subject to paragraph 14.
Saving for agreements with special provision for 1984 Act licence holders
4 (1) This paragraph applies in a case to which paragraph 3 does not apply and in which a term or condition of an agreement in force immediately before the abolition of licensing provides for rights or obligations of a person (“the contracting party”) under the agreement to be different or to be modified according to whether or not he or another person (whether or not a party to the agreement)—
(a) is or has become the holder of a licence under section 7 of the 1984 Act; or
(b) is or has become the holder of such a licence in a manner or in circumstances described in the agreement.
(2) In relation to times after the abolition of licensing, that term or condition is to have effect as if the rights and obligations to which the contracting party is entitled or subject under the agreement were, except in a case falling within sub-paragraph (3), those for which the agreement provides in relation to a case in which the person in question—
(a) is or has become the holder of such a licence; or
(b) is or has become the holder of such a licence in that manner or in those circumstances.
(3) The excepted case is where that person is subject to a direction under this Act by virtue of which he is prohibited from providing the whole or a part of an electronic communications network or electronic communications service.
(4) In sub-paragraph (3) the reference to a person’s being subject to a direction by virtue of which he is prohibited from providing the whole or a part of an electronic communications network or electronic communications service—
(a) does not include a reference to his being subject to a direction imposing a prohibition for a fixed period of less than eighteen months or to a direction that will have to be revoked if not confirmed; but
(b) except in the case of a direction imposing a prohibition for such a fixed period, does include a reference to his being subject to a direction which would have had to be revoked if not confirmed but which has been confirmed.
(5) This paragraph does not apply in the case of a term or condition of an agreement if, on an application to the court by one or both of the parties to the agreement, the court directs—
(a) that this paragraph is not to apply; or
(b) that it is to apply with such modifications, or subject to the payment of such compensation, as the court may specify in the direction.
(6) In determining whether to give a direction under sub-paragraph (5) or what modifications or compensation to specify in such a direction the court must have regard to the following—
(a) whether either or both of the parties to the agreement contemplated the abolition of the licensing requirements of the 1984 Act when they entered into the agreement; and
(b) the extent (if any) to which the provisions of this paragraph represent what it would have been reasonable for the parties to have agreed had they both known at that time what provision was to be made by this Act and when it was to come into force.
(7) For the purposes of this paragraph references to a licence under section 7 of the 1984 Act include references to a licence under that section of a particular description.
(8) In this paragraph “the court” means the High Court or the Court of Session.
General saving for agreements conditional on certain Broadcasting Act licences
5 (1) This paragraph has effect where an agreement in force immediately before the coming into force of a provision of this Act removing a requirement for a relevant Broadcasting Act licence provides—
(a) for the agreement to cease to have effect, or
(b) for it to be capable of being terminated,
if a party to the agreement ceases to hold a relevant Broadcasting Act licence of a particular description, or so ceases in a manner described in the agreement.
(2) In this paragraph “relevant Broadcasting Act licence” means—
(a) a licence under Part 1 of the 1990 Act to provide a satellite television service or a licensable programme service;
(b) a licence under that Part to provide the service mentioned in section 49(2) of that Act;
(c) a licence under Part 2 of that Act to provide a local delivery service; or
(d) a licence under Part 3 of that Act to provide a formerly regulated radio service (within the meaning of section 251 of this Act).
(3) The agreement is not to cease to have effect, or to be capable of being terminated, by reason only of the coming into force of the provisions of this Act under which the requirement for the licence is removed.
(4) In relation to times after the commencement of the provision of this Act removing the requirement for a licence to provide a satellite television service or a licensable programme service, a reference to such a licence in the provision of the agreement in question is to have effect as a reference to a licence granted or having effect as if granted as a licence to provide a television licensable content service.
(5) In relation to times after the commencement of the provision of this Act removing the requirement for a licence to provide the service mentioned in section 49(2) of the 1990 Act, a reference to such a licence in the provision of the agreement in question is to have effect as a reference to a licence to provide the public teletext service.
(6) In relation to times after the commencement of the provision of this Act removing the requirement for a licence to provide a licensable sound programme service, a reference to such a licence in the provision of the agreement in question is to have effect as a reference to a licence to provide a radio licensable content service.
(7) References in this paragraph to a provision having effect if a person ceases to hold a licence include references—
(a) to a provision having effect if a licence of his expires without being renewed; and
(b) to a provision having effect if his licence is revoked.
(8) Expressions used in this paragraph and in Part 3 of this Act have the same meanings in this paragraph as in that Part.
Orders under Part 2 of the Deregulation and Contracting Out Act 1994
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pre-commencement proposals relating to universal service matters
7 (1) Where a proposal for the designation of a person as a universal service provider has been confirmed under regulation 4(10) of the Electronic Communications (Universal Service) Regulations 2003 (S.I. 2003/33), the designation is to have effect after the commencement of section 66 of this Act as a designation in accordance with regulations under that section.
(2) Where in any person’s case a proposal to set a condition has been confirmed under regulation 4(10) or 5(4) of those regulations, that condition is to have effect after the commencement of that section as a condition set by OFCOM under section 45 of this Act and applied to that person.
(3) Where an appeal under regulation 6 of those regulations against a decision under them has been brought but not concluded before the commencement of section 192 of this Act—
(a) that appeal is to be stayed or sisted as from the commencement of the section; but
(b) the appellant is to have a new right of appeal under the section against the decision (as it has effect by virtue of this paragraph) as if—
(i) it were the corresponding decision made by OFCOM under Chapter 1 of Part 2 of this Act; and
(ii) it had been made immediately after the commencement of the section.
(4) Tribunal rules (within the meaning of Chapter 3 of Part 2 of this Act) may, in relation to an appeal stayed or sisted under sub-paragraph (3), make transitional provision for requiring steps taken and things done for the purposes of that appeal to be taken into account, to the extent set out in the rules, in the case of an appeal brought by virtue of paragraph (b) of that sub-paragraph.
Local loop notifications
8 (1) This paragraph applies where, as a result of a market power determination made by OFCOM for the purposes of a provision of Chapter 1 of Part 2 of this Act, they conclude that a person who is for the time being LLU notified is no longer a person falling to be so notified.
(2) OFCOM must give a notification of their conclusion to—
(a) the Secretary of State; and
(b) the notified person.
(3) On receiving a notification under sub-paragraph (2) the Secretary of State must withdraw the LLU notification of the person in question.
(4) For the purposes of this paragraph a person is LLU notified if he is a person who, for the purposes of Regulation (EC) No. 2887/2000 of the European Parliament and of the Council on unbundled access to the local loop, is notified to the European Commission as having significant market power in an identified market, and “LLU notification” shall be construed accordingly.
(5) Section 192 applies to a decision by OFCOM to give a notification under this paragraph as it applies to a decision by them under Part 2 of this Act.
Conditions relating to premium rate services and conditions corresponding to SMP or access-related conditions
9 (1) This paragraph applies where OFCOM give a continuation notice to the holder of a licence granted under section 7 of the 1984 Act.
(2) A continuation notice is a notice that a provision contained in a condition of the licence is to have effect, after the abolition of licensing—
(a) to the extent specified in the notice; and
(b) subject to such modifications (if any) as may be so specified.
(3) OFCOM are not to give a continuation notice except to the extent that they consider that provision to which it will give effect, as modified by the notice, (“the continued provision”)—
(a) regulates the provision of premium rate services; or
(b) falls within sub-paragraph (4).
(4) The continued provision falls within this sub-paragraph in so far as it corresponds to provision of one or more of the following descriptions—
(a) provision that OFCOM have power to include in SMP conditions;
(b) provision authorised by section 73(2) or (4) for inclusion in access-related conditions;
(c) provision relating to matters mentioned in Article 16 of the Universal Service Directive or Article 7 of the Access Directive.
(5) A continuation notice relating to provision corresponding to anything that OFCOM have power to include in SMP conditions—
(a) may identify the market by reference to which an SMP condition replacing the provision would have to be set; and
(b) in so far as the provision corresponds to anything that OFCOM have power to include only in SMP apparatus conditions, must do so.
(6) OFCOM are not to give a continuation notice relating to provision corresponding to anything that OFCOM have power to include only in SMP apparatus conditions except to the extent that it has effect in relation to the supply of electronic communications apparatus of a description supplied in the market identified in the notice as the market by reference to which SMP conditions replacing the continued provision would have to be set.
(7) The modifications for which a continuation notice may provide—
(a) must be confined to modifications for the purpose of securing that the provision to which they relate continues to have effect for so long as the notice is in force; but
(b) in the case of provision which is expressed to impose a requirement to be met before the abolition of licensing, may include a modification under which that requirement must continue to be met for so long as the notice remains in force.
(8) Notwithstanding any repeal or revocation made by this Act—
(a) the continued provision,
(b) every provision made by a direction, determination or consent given or made for the purposes of the continued provision, and
(c) so far as necessary for giving effect to anything mentioned in paragraph (a) or (b), every provision made by or under the licence under the 1984 Act that is not so mentioned,
are to remain in force for so long as the continuation notice is in force.
(9) A continuation notice shall cease to have effect if OFCOM give a notice to that effect to the holder of the licence.
(10) Where the continued provision is one that OFCOM have power to include only in an SMP apparatus condition, it shall be their duty, as soon as reasonably practicable after giving the continuation notice—
(a) to carry out an analysis of the market which, under sub-paragraph (5), is identified in that notice;
(b) to take all other steps necessary for enabling them to decide whether or not to set an SMP apparatus condition by reference to that market for the purpose of replacing the continued provision; and
(c) to decide whether or not to exercise their power to set such a condition for that purpose.
(11) In the case of every other continued provision falling within sub-paragraph (4), it shall be OFCOM’s duty, as soon as reasonably practicable after giving the continuation notice—
(a) to take all steps necessary for enabling them to decide whether or not to set a condition of any other description under Chapter 1 of Part 2 of this Act for the purpose of replacing the continued provision; and
(b) to decide whether or not to exercise their power to set a condition under that Chapter for that purpose.
(12) It shall be the duty of OFCOM—
(a) as soon as reasonably practicable after making a decision required by sub-paragraph (10) or (11), but
(b) in a case where that decision is a decision to set a condition, not before the coming into force of that condition,
to give a notice under sub-paragraph (9) with respect to the continuation notice.
(13) The duties imposed by sub-paragraphs (10) to (12) apply only where OFCOM have not previously given a notice under sub-paragraph (9) with respect to the continuation notice in question.
(14) This paragraph has effect in the case of a licence granted under section 7 of the 1984 Act to persons of a particular class as if—
(a) references to the holder of that licence were references to the members of that class; and
(b) the manner in which a continuation notice or notice under sub-paragraph (9) is to be given to members of that class were by its publication in such manner as, in OFCOM’s opinion, is appropriate for bringing it to the attention of the members of that class who are affected by the notice.
(14A) Sections 185 to 191 apply to a dispute relating to a provision of a kind mentioned in paragraph (4), other than a dispute relating to provision that OFCOM have power to include in SMP apparatus conditions, as they apply to disputes of a kind mentioned in subsections (1A) and (2) of section 185.
(15) Section 192 applies to a decision by OFCOM to give a notice under this paragraph as it applies to a decision by them under Part 2 of this Act.
(16) In this paragraph “Access Directive”, “electronic communications apparatus”, “the provision of premium rate services”, “SMP condition”, “SMP apparatus condition” and “Universal Service Directive” each has the same meaning as in Chapter 1 of Part 2 of this Act.
Pre-commencement proposals relating to market power determinations
10 (1) Sub-paragraph (2) has effect where a proposal for—
(a) the identification of a market,
(b) the making of a market power determination, or
(c) the setting of conditions by reference to a proposal for a market power determination,
has been confirmed under regulation 8 of the Electronic Communications (Market Analysis) Regulations 2003 (S.I. 2003/330).
(2) If, at any time after the commencement of section 45, OFCOM—
(a) are satisfied that a procedure has been followed in relation to the proposal that satisfies the requirements of Article 7 of the Framework Directive, and
(b) publish a notification to that effect in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by the proposal,
the proposal (with such modifications, if any, as are specified in the notification) is to have effect, from the publication of the notification, in accordance with sub-paragraph (3).
(3) The proposal is to have effect as follows—
(a) in the case of a proposal for identifying a market, as an identification of a services market in accordance with and for the purposes of section 79 of this Act;
(b) in the case of a proposal for the making of a market power determination, as a market power determination made in accordance with and for the purposes of Chapter 1 of Part 2 of this Act; and
(c) in the case of a proposal for setting conditions, as if the conditions were SMP services conditions set under section 45 of this Act and applied to the same person as the condition in the proposal.
(4) Where an appeal under regulation 11 of those regulations against a decision under them has been brought but not concluded before the commencement of section 192 of this Act—
(a) that appeal is to be stayed or sisted as from the commencement of the section; but
(b) the appellant is to have a new right of appeal under the section against the decision (as it has effect by virtue of this paragraph) as if—
(i) it were the corresponding decision made by OFCOM under Chapter 1 of Part 2 of this Act; and
(ii) it had been made immediately after the commencement of the section.
(5) Tribunal rules (within the meaning of Chapter 3 of Part 2 of this Act) may, in relation to an appeal stayed or sisted under sub-paragraph (4), make transitional provision for requiring steps taken and things done for the purposes of that appeal to be taken into account, to the extent set out in the rules, in the case of an appeal brought by virtue of paragraph (b) of that sub-paragraph.
(6) Section 192 applies to a decision by OFCOM to publish a notification under this paragraph as it applies to a decision by them under Part 2 of this Act.
(7) In this paragraph “the Framework Directive” has the same meaning as in Chapter 1 of Part 2 of this Act.
Savings for licence conditions relating to accounting
11 (1) This paragraph applies where a licence granted under section 7 of the 1984 Act contains conditions which impose requirements with respect to—
(a) the keeping of accounts or financial information; or
(b) the provision of accounts and financial information to the Director.
(2) OFCOM may give a notice to the holder of the licence as respects so much of those conditions as relates to—
(a) the keeping of accounts for a period current at the time of the abolition of licensing; and
(b) the provision of accounts and financial information in relation to any such period or in relation to periods ending before the abolition of licensing.
(3) In the case of a licence granted otherwise than to a particular person, a notice under this paragraph may be given to the licence holders by being published in such manner as OFCOM consider appropriate for bringing it to their attention.
(4) Notwithstanding any repeal or revocation made by this Act—
(a) the licence under the 1984 Act is to continue in force to the extent that it imposes requirements as respects which a notice has been given under this paragraph; but
(b) those requirements, so far as they require the provision of accounts or information to the Director, are to have effect in relation to times after the abolition of licensing, as requirements to provide the accounts or information to OFCOM.
(5) Section 192 applies to a decision by OFCOM to give a notice under this paragraph as it applies to a decision by them under Part 2 of this Act.
Charges under Telecommunications Act licences
12 (1) Where any amount is required by a licence under section 7 of the 1984 Act to be paid to the Director in respect of a period beginning before the abolition of licensing, that liability is to have effect after the abolition of licensing as a liability to pay to OFCOM so much of that amount as does not relate to times after the abolition of licensing.
(2) For the purpose of determining how much of an amount payable to the Director relates to times after the abolition of licensing, an apportionment is to be made according to how much of that period had expired before the abolition of licensing.
Enforcement of breaches of licence conditions
13 (1) This paragraph applies to—
(a) any provision to which effect is given, after the abolition of licensing, by a continuation notice under paragraph 9;
(b) conditions in respect of which notices under paragraph 11 have been given;
(c) liabilities under paragraph 12; and
(d) conditions of a licence under section 7 of the 1984 Act requiring compliance by the licence holder with directions given by the Director under regulation 6 of the Telecommunications (Interconnection) Regulations 1997 (S.I. 1997/2931).
(2) Notwithstanding any repeal or revocation made by this Act, after the abolition of licensing, OFCOM are, for the purpose of enforcing anything to which this paragraph applies, to have all the enforcement powers previously exercisable by the Director under the 1984 Act.
(3) Those powers are to be exercisable in accordance with this paragraph irrespective of whether the contraventions occurred before or after the abolition of licensing.
(4) For the purpose of exercising those powers, references to the likelihood that a person will again be in contravention of a condition include references to whether he will be in contravention of any equivalent obligation imposed—
(a) by section 38 of this Act;
(b) by conditions set under section 45 of this Act; or
(c) by directions under section 190 of this Act.
(5) OFCOM are not to exercise any powers conferred by virtue of this paragraph if they consider that the exercise of those powers would, immediately before exit day, have been incompatible with the requirements of the Directives.
(6) In this paragraph “enforcement powers” includes—
(a) the Director’s powers under sections 16 to 18 and 53 of the 1984 Act; and
(b) in the case of a licence issued to a particular person, every power of his under the licence to require information for the purpose of computing the amount of the liability to a charge.
(7) In this paragraph “the Directives” means the Authorisation Directive or any of the following Directives (as defined in Chapter 1 of Part 2 of this Act)—
(a) the Access Directive;
(b) the Framework Directive;
(c) the Universal Service Directive.
(8) In sub-paragraph (7) “the Authorisation Directive” means Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services , as amended by Directive 2009/140/EC of the European Parliament and of the Council .
Saving for agreements having effect by reference to licensing regime
14 (1) This paragraph has effect where an agreement entered into for the purposes of a condition of a licence under section 7 of the 1984 Act has effect immediately before the abolition of licensing subject to a provision which entitles a party to it to terminate the agreement if he or another party ceases to be a Schedule 2 public operator.
(2) The right of termination is not to be exercisable by reason of the effect of the coming into force of any provision of this Act if—
(a) a general condition,
(b) an access-related condition, or
(c) a provision made by or having effect as if made under an SMP condition,
imposes requirements on one or both of the parties to the agreement that correspond to those for the purposes of which the agreement was originally entered into.
(3) In any such case, the agreement shall have effect in relation to times after the abolition of licensing as if references in the agreement to a Schedule 2 public operator were references to the provider of a public electronic communications network.
(4) In this paragraph “Schedule 2 public operator” has the same meaning as in Schedule 1 to the Telecommunications (Licence Modifications) (Standard Schedules) Regulations 1999 (S.I. 1999/2450).
(5) Expressions used in this paragraph and in Chapter 1 of Part 2 of this Act have the same meanings in this paragraph as in that Chapter.
Fees for approvals for the purposes of licence conditions
15 (1) This paragraph has effect where a general condition set under section 45 of this Act requires apparatus to be approved by reference to a standard previously designated for the purposes of section 24(6) of the 1984 Act.
(2) The Secretary of State may by order provide for the charging of fees in respect of the giving of approvals for the purposes of the condition.
(3) Fees charged under this paragraph are be paid to the person giving the approvals and, to the extent authorised by the Secretary of State, may be retained by that person.
(4) To the extent that they are not retained by that person, the fees must be paid into the Consolidated Fund.
(5) Any order made under section 24(13) of the 1984 Act that is in force immediately before the coming into force of the repeal of section 24 of that Act shall have effect after the coming into force of the repeal as an order made under this paragraph.
Allocated telephone numbers
16 (1) Where immediately before the abolition of licensing telephone numbers are allocated to a person holding a licence under section 7 of the 1984 Act for the purposes of the conditions of that licence, those numbers shall be treated, after the abolition of licensing as allocated to that person for the purposes of general conditions such as are mentioned in section 58 of this Act.
(2) An allocation having effect by virtue of sub-paragraph (1) may be withdrawn by OFCOM at any time, but only in accordance with section 61 of this Act.
(3) An allocation shall only continue to have effect in accordance with this paragraph for so long as the person to whom the allocation was made for the purposes of the licence conditions is a communications provider.
(4) The power by virtue of section 58 for general conditions to make provision for the making of periodic payments in respect of the allocation of telephone numbers shall be exercisable, at any time after the coming into force of that section, in relation to an allocation having effect by virtue of this paragraph as it has effect in relation to an allocation made under that section.
(5) Expressions used in this paragraph and in Chapter 1 of Part 2 of this Act have the same meanings in this paragraph as in that Chapter.
Electronic communications code
17 (1) Sub-paragraph (2) applies where, immediately before the coming into force of section 106 of this Act, the telecommunications code set out in Schedule 2 to the 1984 Act applies to a person by virtue of the provisions of his licence under section 7 of that Act.
(2) That person shall be treated after the commencement of section 106 of this Act as a person in whose case the electronic communications code applies by virtue of a direction given by OFCOM.
(3) The deemed direction shall be assumed to be one given in relation to so much of any electronic communications network as—
(a) was included immediately before the commencement of section 106 of this Act in the telecommunication system which was the operator’s system for the purposes of the application of the code; or
(b) which would have been so included if it had been being provided at that time.
(4) So much of the code in Schedule 2 to the 1984 Act as has effect immediately before the commencement of Schedule 3 to this Act—
(a) in relation to telecommunication apparatus, or
(b) in relation a telecommunication system,
is to have effect after the commencement of that Schedule in relation to so much of the apparatus or system as is electronic communications apparatus or the operator’s network for the purposes of the application of that Schedule to this Act by virtue of this paragraph or section 106(3)(b) of this Act.
(5) A right which for the purposes of the code in Schedule 2 to the 1984 Act has effect immediately before the commencement of Schedule 3 to this Act as conferred for purposes connected with the provision of a telecommunication service is to have effect after the commencement of that Schedule as conferred for the purposes of the corresponding electronic communications service.
(6) Any agreement which, immediately before the repeal of the provisions contained in section 10(3A) and (3B) of the 1984 Act or section 189 of the 1990 Act, is a relevant agreement for the purposes of those provisions shall be deemed in relation to times after the coming into force of that repeal to be a relevant agreement for the purposes of paragraph 29 of the electronic communications code.
(7) In this paragraph “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of this Act.
Saving for guarantees of liabilities of telecommunications code operators
18 (1) This paragraph applies where, immediately before the abolition of licensing, a person holding a licence under section 7 of the 1984 Act (“the operator”) —
(a) is a person to whom the telecommunications code applies in respect of the running of a telecommunications system by him (“the operator’s system”); and
(b) in pursuance of a condition of his licence imposed for the purpose of securing that sufficient funds are available to meet code-related liabilities specified in the licence, is a party to any guarantee arrangements.
(2) Arrangements are guarantee arrangements for the purposes of this paragraph if they are arrangements under which a person (the “guarantor”) is obliged, in circumstances specified in the arrangements, to make payments in respect of a failure by the operator to meet a code-related liability specified in the licence.
(3) The guarantor’s obligation to make payments under the guarantee arrangements is not to arise by reason only of the abolition of licensing.
(4) In relation to times after the abolition of licensing, the guarantee arrangements are to have effect, notwithstanding the operator’s licence having ceased to have effect on the abolition of licensing and subject to sub-paragraph (7), as if the following references continued to have effect—
(a) references in those arrangements to the code-related liabilities specified in the licence; and
(b) (subject to sub-paragraph (5)(a)) references, for the purposes of any provision identifying the circumstances in which payments are to be made under the arrangements, to events specified in the licence.
(5) In relation to such times, those arrangements are also to have effect—
(a) as if references (directly or indirectly) to the revocation, or to the expiration without renewal, of the operator’s licence were references to his becoming subject to a direction by virtue of which he is prohibited from providing the whole or a part of his network; and
(b) as if references to the telecommunications code were references to the electronic communications code.
(6) In sub-paragraph (5) the reference to a person’s becoming subject to a direction by virtue of which he is prohibited from providing the whole or a part of an electronic communications network—
(a) does not include a reference to his becoming subject to a direction imposing a prohibition for a fixed period of less than eighteen months or to a direction that will have to be revoked if not confirmed; but
(b) except in the case of a direction imposing a prohibition for such a fixed period, does include a reference to the confirmation of a direction that would otherwise have had to be revoked.
(7) The guarantor is not to be liable in respect of any liability arising in connection with or as a result of activities carried on after the abolition of licensing except in so far as those activities are activities carried on for the purposes of providing the operator’s network.
(8) In this paragraph “code-related liabilities”, in relation to the operator, means liabilities arising or incurred by him—
(a) by reason of the application to him of the telecommunications code;
(b) by reason of its ceasing to apply to him; or
(c) otherwise in respect of activities carried on by him in connection with running the operator’s system.
(9) In this paragraph—
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of this Act;
“the operator’s network” means so much of any electronic communications network provided by the operator as is a network in relation to which the electronic communications code applies in the operator’s case by virtue of paragraph 17(3)(a) of this Schedule;
“the telecommunications code” means the code set out in Schedule 2 to the 1984 Act (as it had effect immediately before the abolition of licensing).
Compulsory purchase
19 Where—
(a) a compulsory purchase order made under section 34 or 35 of the 1984 Act,
(b) a vesting order, or an application for a vesting order, made under section 36 of that Act, or
(c) an authorisation given by the Secretary of State under section 37, 38 or 39 of that Act,
is effective immediately before the commencement of Schedule 4 to this Act, it is to have effect after the commencement of that Schedule as if made or given under that Schedule.
Notices under section 1D of the Wireless Telegraphy Act 1949
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notices under regulations under section 3 of the Wireless Telegraphy Act 1998
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disputes about interconnection
22 (1) Where—
(a) before the revocation by this Act of the Telecommunications (Interconnection) Regulations 1997 (S.I. 1997/2931) a dispute was referred to the Director under regulation 6 of those regulations, and
(b) that dispute has not been resolved when the revocation comes into force,
Chapter 3 of Part 2 of this Act (except sections 189 and 190) is to have effect as if that dispute were a dispute which, immediately after the commencement of section 185 of this Act, was referred to OFCOM under that section.
(2) Where a dispute—
(a) has arisen or arises about anything occurring or existing before the time when the revocation of those regulations comes into force (“the relevant time”),
(b) relates to matters disputes about which would (before that time) have been referable to the Director under regulation 6,
(c) is neither a dispute which was referred to him before that time nor a dispute arising after that time which is referable to OFCOM under section 185, and
(d) is referred to OFCOM after that time either during the transitional period or in a case in which OFCOM are satisfied that the circumstances that prevented the making of a reference before the end of that period are exceptional,
sub-paragraph (1) is to have effect as if the dispute were a dispute arising before the relevant time in the case of which a reference to the Director had been made under regulation 6 before that time.
(3) Where OFCOM make a determination for resolving a dispute falling to be resolved in accordance with sub-paragraph (1) or (2)—
(a) their powers on making that determination are to be those which would have been exercisable by the Director under those regulations (instead of those under Chapter 3 of Part 2);
(b) conditions of a licence under section 7 of the 1984 Act requiring compliance with directions given by the Director under regulation 6 of those regulations are to continue to have effect as if they also applied to directions given by OFCOM by virtue of paragraph (a); and
(c) paragraph 13 of this Schedule has effect as if the reference in sub-paragraph (1)(d) to directions given by the Director under that regulation included a reference to directions given by OFCOM by virtue of paragraph (a) of this sub-paragraph.
(4) But OFCOM are not to give a direction by virtue of sub-paragraph (3)(a) containing provision which they would have no power to include in—
(a) a condition set under Chapter 1 of Part 2 of this Act; or
(b) a direction under section 190.
(5) Where the Director gave a direction under regulation 6 of those regulations at any time before the coming into force of their revocation, the direction is to continue, after the revocation comes into force, to have effect (and be enforceable in accordance with paragraph 13 of this Schedule) to the extent that it is continued in force under this paragraph.
(6) The direction is continued in force under this paragraph only where OFCOM have at any time after the passing of this Act given notice to the persons to whom it applies that it is continued in force.
(7) OFCOM are to give such a notice only if they consider that the direction makes provision corresponding to that which they have power to include in—
(a) conditions set under Chapter 1 of Part 2 of this Act; or
(b) directions under section 190.
(8) OFCOM may at any time by notice to the person to whom it applies revoke (in whole or in part) a direction which—
(a) was given by virtue of sub-paragraph (3)(a); or
(b) is a direction to which a notice under sub-paragraph (6) relates.
(9) Where a direction which OFCOM have power to revoke under sub-paragraph (8) makes provision corresponding to anything that OFCOM have power to include in a condition set under Chapter 1 of Part 2 of this Act, it shall be their duty, as soon as reasonably practicable after giving the direction or as the case may be the notice under sub-paragraph (6)—
(a) to take all steps necessary for enabling them to decide whether or not to set such a condition for the purpose of replacing the direction; and
(b) to decide whether or not to exercise their power to set a condition under that Chapter for that purpose.
(10) It shall be the duty of OFCOM—
(a) as soon as reasonably practicable after making a decision required by sub-paragraph (9), but
(b) in a case where that decision is a decision to set a condition, not before the coming into force of that condition,
to give a notice under sub-paragraph (8) revoking the direction in question.
(11) The duties imposed by sub-paragraphs (9) and (10) apply only where OFCOM have not previously revoked the direction in question.
(12) Section 192 applies to a decision by OFCOM to give a notice under this paragraph as it applies to a decision by them under Part 2 of this Act.
(13) In this paragraph “transitional period” means the period which is the transitional period (within the meaning of section 408) in relation to this paragraph.
Appeals against wireless telegraphy and telecommunications decisions
23 (1) This paragraph applies where—
(a) a decision was made before the commencement of section 192;
(b) the decision has effect after the commencement of a provision of this Act as a decision made by OFCOM, or is a decision not to do something which (if done) would so have had effect; and
(c) the decision is one against which an appeal was or could have been brought under—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) section 46B of the 1984 Act.
(2) If no such appeal has been brought before the commencement of section 192 of this Act, that section applies to the decision as it applies to decisions by OFCOM under Part 2 of this Act ..., but as if that section had been in force when the decision was made.
(3) If an appeal under ... section 46B of the 1984 Act—
(a) has been brought against the decision, but
(b) has not been concluded before the commencement of section 192 of this Act,
the court in which it was brought may stay or sist the appeal as from the commencement of that section of this Act.
(4) If the court stays or sists the appeal under sub-paragraph (3), the appellant is to have a new right of appeal under section 192 against the decision as if (subject to sub-paragraph (7)) it were a decision to which that section applies that had been made immediately after the commencement of that section.
(5) Tribunal rules (within the meaning of Chapter 3 of Part 2 of this Act) may, in relation to an appeal stayed or sisted under sub-paragraph (3), make transitional provision—
(a) for requiring steps taken and things done for the purposes of that appeal to be taken into account, to the extent set out in the rules, in the case of an appeal brought by virtue of sub-paragraph (4); and
(b) for enabling the Tribunal in an appeal under sub-paragraph (4) to give directions to OFCOM as to the carrying out of functions of theirs that are the same as or correspond to those in the course of carrying out which the maker of the appealed decision made that decision.
(6) If, in a case falling within sub-paragraph (3), the court does not stay or sist the appeal—
(a) it must determine the appeal in the manner in which the Tribunal is required under section 195 of this Act to determine an appeal under section 192; but
(b) its powers on determining the appeal include a power to give directions to OFCOM as to the carrying out of any functions of theirs that correspond to those in the course of which the appealed decision was made.
(7) On an appeal brought or continued under this paragraph against a decision, the court or the Tribunal, in determining what was the appropriate action for the maker of the decision to take, must determine that question according to the law in force at the time when the decision was made.
Section 94 of the Telecommunications Act 1984
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Competition Commission: specialist panel members
25 The persons who—
(a) have been appointed as members of the Competition Commission by the Secretary of State under section 13(10) of the 1984 Act, and
(b) hold office immediately before the date on which section 194 comes into force,
shall continue to hold office as members of the Competition Commission as if they had been appointed to that office by the Secretary of State under section 194(1).
Transitory amendments to telecommunications terms in Broadcasting Act 1990
26 (1) This paragraph has effect, in the case of each of the provisions of the 1990 Act to which it applies, in relation to times between—
(a) the commencement of Chapter 1 of Part 2 of this Act; and
(b) the commencement of so much of this Act (apart from this paragraph) as amends or repeals that provision.
(2) The provisions of the 1990 Act set out in sub-paragraph (3) shall have effect (subject to sub-paragraph (4)) as if—
(a) for every reference to a telecommunication system there were substituted a reference to an electronic communications network; and
(b) for references to running such a system there were substituted references to providing it.
(3) Those provisions of the 1990 Act are—
(a) section 46 (licensable programme services);
(b) section 51(1)(a) (procedures for consideration of applications for additional services licences);
(c) section 72 (local delivery services);
(d) section 75 (procedures for consideration of applications for local delivery licences);
(e) section 112 (licensable sound programme services);
(f) section 117(1)(a) (procedures for consideration of applications for additional services licences);
(g) section 181 (apparatus deemed to be apparatus for wireless telegraphy).
(4) Sections 46(2) (licensable programme services), 112(2) (licensable sound programme services) and 201(2) (programme services) of the 1990 Act shall each have effect as if for paragraph (b) there were substituted—
(b) a service which satisfies the conditions in section 233(5) of the Communications Act 2003;
.
(5) In sections 48 and 114 of the 1990 Act (additional services), references to electronic signals shall have effect as references to signals within the meaning of section 32 of this Act.
(6) Section 75(2) of the 1990 Act (consultation with relevant licensing authorities) shall have effect as if in paragraph (b) for the words “would be required to be licensed” there were substituted “ is a system which (but for repeals made by the Communications Act 2003) would have been required to be licensed ”.
(7) In section 181 of the 1990 Act (apparatus deemed to be apparatus for wireless telegraphy), “connected”—
(a) shall continue to be construed in accordance (notwithstanding its repeal) with section 4 of the 1984 Act; but
(b) shall be so construed as if, in that section of the 1984 Act, a reference to an electronic communications network were substituted for every reference to a telecommunication system.
(8) Part 5 of Schedule 2 to the 1990 Act (restriction on holding of licences by operators of public telecommunication systems) and the Broadcasting (Restrictions on the Holding of Licences) Order 1991 (S.I. 1991/1176) shall have effect as if references to a national public telecommunications operator were references to a person who provides an electronic communications network so as to make it available for use by members of the public in the whole, or substantially the whole, of the United Kingdom.
Activities of the Welsh Authority
27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gaelic Broadcasting
28 The persons who are members of Comataidh Craolaidh Gaidhlig immediately before the date on which section 208 comes into force—
(a) shall continue to hold office as members of Seirbheis nam Meadhanan Gàidhlig as if they had been appointed to that office by OFCOM;
(b) shall hold and vacate office in accordance with the terms of their appointment by the ITC;
(c) shall hold office for the period for which they were appointed by the ITC; and
(d) after the end of that period, shall be eligible for re-appointment as members of Seirbheis nam Meadhanan Gàidhlig.
29 (1) The continuance in force of the Multiplex Licence (Broadcasting of Programmes in Gaelic) Order 1996 (S.I. 1996/2758) made under section 32 of the 1996 Act is not affected by the amendment of that section by Schedule 15 to this Act.
(2) But in relation to times after the television transfer date, that order shall have effect as if—
(a) the reference in that order to the ITC were a reference to OFCOM; and
(b) the reference to the application of section 28 of the 1996 Act to a frequency were omitted.
Pre-transfer Broadcasting Act licences
30 (1) Subject to any express provision made by this Act in relation to a particular description of Broadcasting Act licence, neither—
(a) the transfer from a pre-commencement regulator to OFCOM of the function of granting or awarding such licences or of any other power exercisable in relation to such licences, nor
(b) any other modification by or by virtue of this Act of the power to grant or award such licences or of a provision having effect in relation to such licences,
shall affect the continuing validity of a licence by or under which the provision of a service is authorised immediately before the coming into force of the transfer or modification.
(2) Accordingly, such a licence shall continue to have effect, after the coming into force of the transfer or modification—
(a) on the same terms and conditions and for the same period as it would have done if this Act had not been passed; but
(b) as if, in relation to times after the coming into force of any relevant transfer of functions to OFCOM, every reference in the licence to a pre-commencement regulator were a reference to OFCOM.
(3) Sub-paragraph (2) is subject to the following provisions of this Act—
(a) those under which a licence is to have effect as if the period for which it is granted were the period determined under this Act; and
(b) those under which the conditions of a licence fall to be varied for the purpose of imposing a condition required by this Act.
(4) Anything done at any time before the relevant transfer date under or for the purposes of enforcing any provision of a Broadcasting Act licence is to have effect in relation to times on or after that date—
(a) to the extent that it was done by or in relation to the ITC or Radio Authority, and
(b) so far as necessary for preserving its effect or for facilitating the taking of further action by OFCOM,
as a thing done by or in relation to OFCOM.
(5) In sub-paragraph (4) “relevant transfer date”—
(a) in relation to licences under Part 1 of the 1990 Act or Part 1 of the 1996 Act, means the television transfer date; and
(b) in relation to licences under Part 3 of the 1990 Act or Part 2 of the 1996 Act, means the radio transfer date.
Channels 3 and 5
31 A determination made by the ITC under or for the purposes of section 14 or 28 of the 1990 Act (Channels 3 and 5) is to have effect on and after the television transfer date as a determination under that section by OFCOM.
Saving pending replacement of licences for Channels 3 and 5 and the public teletext service
32 (1) The regulatory regime for a Channel 3 service, and that for Channel 5 and the existing teletext service, shall not include the self-regulation conditions in any case in which the service or (as the case may be) Channel 5 is provided under a licence granted before the television transfer date.
(2) In sub-paragraph (1) “the self-regulation conditions” means the conditions which (apart from that sub-paragraph) are included by virtue of sections 265 to 269 of this Act in the regulatory regime for Channel 3 services, for Channel 5 and for the public teletext service.
(3) In relation to a licence granted before the television transfer date for a Channel 3 service, Channel 5 or the existing teletext service, section 263 shall have effect as if the reference in subsection (3)(a) of that section to a corresponding or additional service to be provided in analogue form were a reference to a corresponding or additional service to be provided in digital form.
(4) In this paragraph “the existing teletext service” means the existing service within the meaning of section 221 of this Act.
Digital additional licences
33 (1) This paragraph applies where immediately before the coming into force of section 242 of this Act a person holds a digital additional services licence under Part 1 of the 1996 Act in respect of a digital sound programme service and with a view to the inclusion of the broadcasting of that service by means of a television multiplex service licensed under Part 1 of the 1996 Act.
(2) The licence is to have effect on and after the coming into force of section 242 of this Act as if it were a national digital sound programme licence or (as the case may be) were comprised in any national digital sound programme licence already held by the licence holder for the service in question.
(3) Where a licence has effect in accordance with this paragraph, it shall not (to the extent that it so has effect) authorise the broadcasting of the digital sound programme service in question by means of a radio multiplex service.
(4) In this paragraph—
“digital additional services licence” has the same meaning as in Part 1 of the 1996 Act; and
“national digital sound programme licence” has the same meaning as in Part 2 of that Act.
Programme quotas
34 Any order which—
(a) was made under section 16(5)(a) of the 1990 Act (definitions of “qualifying programmes” and “independent productions”), and
(b) is in force immediately before the commencement of sections 277 and 309 of this Act and paragraphs 1 and 7 of Schedule 12 to this Act,
is to have effect in relation to times after the commencement of those sections and those paragraphs as an order made in exercise of the corresponding powers conferred by those sections and those paragraphs.
Continuity in relation to appointed news provider
35 Where a body holds an appointment for the purposes of section 31(2) of the 1990 Act immediately before the date of the commencement of section 280 of this Act—
(a) that appointment shall have effect in relation to times on and after that date as an appointment for the purposes of arrangements entered into in accordance with conditions imposed under section 280 of this Act;
(b) the arrangements under which that appointment was made shall have effect in relation to such times as arrangements so entered into; and
(c) so much of the appointment or arrangements, or of any agreement to which the body is a party, as makes provision by reference to the body’s ceasing to be nominated under section 32 of the 1990 Act shall have effect in relation to such times as if references to ceasing to be so nominated were references to becoming a body falling within section 281(2) of this Act.
Networking arrangements
36 (1) Where arrangements approved for the purposes of section 39 of the 1990 Act (networking arrangements) are in force immediately before the commencement of section 291 of this Act, those arrangements are to have effect for the purposes of this Act, and of any conditions imposed under that section of this Act, as approved networking arrangements.
(2) For the purposes of proceedings in relation to a report under Schedule 4 to the 1990 Act at any time after the commencement of Schedule 11 to this Act, that report is to have effect as if it were a report under that Schedule to this Act.
Determination of qualifying revenue
37 (1) A statement of the ITC that is for the time being in force immediately before the television transfer date for the purposes of—
(a) Schedule 7 to the 1990 Act (statement of principles for determining qualifying revenue), or
(b) Schedule 1 to the 1996 Act (corresponding statement for the purposes of that Act,
is to have effect on and after that date as a statement by OFCOM.
(2) On and after the television transfer date a determination by the ITC under paragraph 2 of Part 1 of either of those Schedules is to have effect as a determination under that paragraph by OFCOM, and sub-paragraph (2) of that paragraph is to have effect accordingly.
Rules for political broadcasts
38 Where—
(a) rules made by the ITC for the purposes of section 36 of the 1990 Act (party political broadcasts on Channel 3, Channel 4 or Channel 5), or
(b) rules made by the Radio Authority for the purposes of section 107 of the 1990 Act (party political broadcasts on national radio services),
are in force immediately before the commencement of section 333 of this Act, those rules are to have effect after its commencement as rules made by OFCOM for the purposes of that section of this Act.
Functions under section 88 of the 1990 Act
39 A requirement imposed or notice given before the radio transfer date by the Radio Authority under section 88 of the 1990 Act (restriction on holding of licences) is to have effect on and after that date as if it were imposed or given by OFCOM.
Notices under section 94 of the 1990 Act
40 A notice given by the Secretary of State or any other Minister of the Crown under section 94 of the 1990 Act (government control over licensed services) is to have effect on and after the radio transfer date as a notice given to OFCOM under section 336 of this Act.
Programme standards: television
41 (1) This paragraph applies as respects times on or after the television transfer date and before the first coming into force, in the case of the holder of a licence under Part 1 of the 1990 Act or Part 1 of the 1996 Act, of conditions imposed under section 325 of this Act.
(2) Sections 6 to 12 of the 1990 Act (general provisions about the content of licensed services) are to have effect in the case of that licence holder as if references in those sections to the ITC were references to OFCOM.
(3) A code drawn up by the ITC under section 6, 7 or 9 of the 1990 Act is to have effect as if it had been drawn up by OFCOM.
Programme standards: radio
42 (1) This paragraph applies as respects times on or after the radio transfer date and before the first coming into force, in the case of the holder of a licence under Part 3 of the 1990 Act or Part 2 of the 1996 Act, of conditions imposed under section 325 of this Act.
(2) Sections 90 to 96 of the 1990 Act (general provisions about the content of licensed services) are to have effect as if references in those sections to the Radio Authority were references to OFCOM.
(3) A code drawn up by the Radio Authority under section 90, 91 or 93 of the 1990 Act is to have effect as if it had been drawn up by OFCOM.
Standards code
43 (1) In relation to any time after the commencement of section 319 of this Act, a code in force immediately before its commencement as a code drawn up under section 6, 7, 9, 90, 91 or 93 of the 1990 Act or section 108 of the 1996 Act is to have effect (subject to sub-paragraphs (2) and (3)) as if it were a code issued by OFCOM for the purpose of setting standards under section 319 of this Act.
(2) A code under the 1990 Act shall have effect by virtue of sub-paragraph (1) in relation only to the following—
(a) in the case of the codes under sections 6, 7 and 9, services the provision of which is authorised by licences under Part 1 of the 1990 Act and S4C; and
(b) in the case of the codes under sections 90, 91 and 93, services the provision of which is authorised by licences under Part 3 of that Act.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local and national radio licences
44 (1) Section 103 of the 1990 Act (restriction on changes of control affecting holders of national licences) is to apply in relation to a pre-transfer national licence as it applies in relation to a national licence within the meaning of Part 3 of the 1990 Act.
(2) Anything done by or in relation to the Radio Authority under any of sections 98 to 102 or 103A of the 1990 Act, so far as it has been done—
(a) before the radio transfer date, and
(b) for the purposes of, or in connection with, the grant or renewal of a pre-transfer national licence,
is to have effect for the purposes of, and in connection with, the grant or renewal of a licence at times on or after that date as if done by or in relation to OFCOM in connection with or for the purposes of the grant or renewal of national licence (within the meaning of Part 3 of that Act).
(3) Anything done by or in relation to the Radio Authority under any of sections 104 to 105 of the 1990 Act, so far as it has been done—
(a) before the radio transfer date, and
(b) for the purposes of, or in connection with, the grant or renewal of a pre-transfer local licence,
is to have effect for the purposes of, and in connection with, the grant or renewal of a licence at times on or after that date as if done by or in relation to OFCOM in connection with, or for the purposes of, the grant or renewal of local licence (within the meaning of Part 3 of that Act).
(4) In this paragraph “pre-transfer local licence” and “pre-transfer national licence” each has the same meaning as in section 253 of this Act.
Section 111B of the 1990 Act
45 (1) Section 111B of the 1990 Act (power to suspend satellite services) is to have effect in relation to a licence to provide a formerly regulated radio service (within the meaning of section 251) as it applies in relation to a licence to provide a radio licensable content service, but as if the reference in subsection (1)(b) of that section to a condition included in the licence in pursuance of the provisions there mentioned included a reference to a condition included in the licence in pursuance of section 90(1)(a) of that Act.
(2) In relation to any time falling—
(a) on or after the radio transfer date, and
(b) before the first coming into force, in the case of the holder of a licence under Part 3 of the 1990 Act or Part 2 of the 1996 Act, of conditions imposed under section 325 of this Act,
section 111B of the 1990 Act is to have effect in relation to a licence to provide a radio licensable content service as if the reference in subsection (1)(b) of section 111B of that Act to a condition included in the licence in pursuance of the provisions there mentioned were a reference to a condition included in the licence in pursuance of section 90(1)(a) of that Act.
Section 185 of the 1990 Act
46 (1) A determination or nomination made for the purposes of section 185 of the 1990 Act (the national television archive) by the ITC is to have effect on and after the television transfer date as a determination or nomination made by OFCOM.
(2) Sub-paragraph (1) applies in the case of a determination so far only as it relates to a financial year beginning on or after the television transfer date.
Section 28 of the 1996 Act
47 (1) The repeal by this Act of section 28 of the 1996 Act does not affect any power to vary a licence under Part 1 of the 1990 Act which is—
(a) conferred on the ITC by an order under that section; and
(b) transferred to OFCOM by this Act.
(2) Nor does it affect so much of any order under that section in force immediately before the repeal as—
(a) modifies section 16 of the 1996 Act in its application in relation to the renewal of a licence first granted before the television transfer date; or
(b) imposes a prohibition on the use of digital capacity reserved before that date;
but so much of any such prohibition as requires the consent of the ITC for the use of any digital capacity shall have effect after the television transfer date as if the consent required were OFCOM’s consent.
(3) Sub-paragraph (1) only saves the power so far as it is exercisable in relation to a licence granted before the television transfer date.
Section 48 of the 1996 Act
48 Subsections (4) to (6) of section 48 of the 1996 Act (reservations of capacity for national radio multiplex licences to independent national broadcasters) are to apply in relation to conditions included in pursuance of that section in licences granted before the radio transfer date as they apply in relation to conditions included in licences by virtue of the amendments of that section made by this Act.
Applications for extension of pre-transfer licences
49 (1) Section 253(4)(a) does not prevent the determination by OFCOM of a day falling less than one year after the making of the determination where—
(a) OFCOM consider that the day by which they would need to publish a notice is a day which is not more than 15 months after the commencement date; and
(b) the determination of that day is made as soon as practicable after the commencement date.
(2) Where the day determined by OFCOM for the purposes of paragraph (b) of section 253(3) is a day in the period of three months beginning with the day after the determination, that paragraph shall have effect as if for the words “three months before” there were substituted “ on ”.
(3) In this paragraph, the “commencement date” is the date on which section 253 comes into force.
Applications for renewal of licences under 1990 Act and 1996 Act
50 (1) A provision set out in sub-paragraph (2) does not prevent the determination by OFCOM of a date falling less than one year after the making of the determination where—
(a) OFCOM consider that the relevant date for the purposes of the section in question is a date which is not more than 15 months after the commencement date; and
(b) the determination of the relevant date is made as soon as practicable after the commencement date.
(2) Those provisions are—
(a) section 53(12) of the 1990 Act;
(b) section 103A(12) of the 1990 Act;
(c) section 104A(14) of the 1990 Act;
(d) section 16(12A) of the 1996 Act;
(e) section 58(12A) of the 1996 Act.
(3) An application which is made before the commencement date in accordance with a provision set out in sub-paragraph (5) shall be treated after that date as if it had been made in accordance with that provision as amended by this Act.
(4) Where, in a case where a provision set out in sub-paragraph (5) applies, the relevant date for the purposes of the section in question is a date in the period of three months beginning with—
(a) the commencement date, or
(b) the day after the day on which the relevant date is determined,
that provision shall have effect as if the words “the day falling three months before” were omitted.
(5) Those provisions are—
(a) section 53(2) of the 1990 Act;
(b) section 103A(2) of the 1990 Act;
(c) section 104A(3) of the 1990 Act;
(d) section 16(3) of the 1996 Act;
(e) section 58(3) of the 1996 Act.
(6) In this paragraph, the “commencement date”, in relation to any provision set out in sub-paragraph (2) or (5) is the date on which the provision of Schedule 15 inserting or amending that provision comes into force.
Listed events rules
51 (1) Subject to sub-paragraph (2), Part 4 of the 1996 Act (sporting and other events of national interest) is to have effect in relation to times on or after the television transfer date as if anything done before that date by or in relation to the ITC had been done by or in relation to OFCOM.
(2) The code drawn up by the ITC under section 104 of the 1996 Act (code of guidance as to the operation of Part 4) and in force immediately before the commencement of section 301 of this Act is to continue to have effect (notwithstanding the substitutions made by that section of this Act)—
(a) until the code drawn up by OFCOM under that section comes into force; but
(b) in relation to times on or after the transfer date and before the coming into force of OFCOM’s code, as if references in section 104(2) of that Act and in the code to the ITC were references to OFCOM.
(3) If a provision of sections 300 to 302 of this Act comes into force before the television transfer date, a reference to OFCOM in an amendment made by that provision is to be construed in relation to times before that date as a reference to the ITC.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In this paragraph “the transfer date” is the date on which paragraph 13 of Schedule 1 comes into force.
Complaints to the Broadcasting Standards Commission
52 (1) On and after the transfer to OFCOM under this Act of the functions of the Broadcasting Standards Commission under Part 5 of the 1996 Act, that Part is to have effect in relation to a fairness complaint made to, but not disposed of by, the Commission before the transfer as if—
(a) anything done, or treated as done, by or in relation to the Commission for the purposes of, or in connection with, that complaint had been done by or in relation OFCOM; and
(b) those functions had been functions of OFCOM at the time when it was done.
(2) Where immediately before the commencement of section 327 of this Act a licence to provide a licensed service (within the meaning of Part 5 of the 1996 Act) contains a condition included in that licence by virtue of section 119(7) of that Act (conditions requiring compliance with BSC directions), that condition is to have effect on and after the coming into force of section 327 of this Act as a condition requiring the licence holder to comply with directions given to him by OFCOM.
(3) In this paragraph “fairness complaint” has the same meaning as in Part 5 of the 1996 Act.
Codes of practice drawn up by the Broadcasting Standards Commission
53 The code of practice drawn up by the Broadcasting Standards Commission under section 107 of the 1996 Act (code in respect of unjust and unfair treatment and infringements of privacy) is to have effect on and after the transfer under this Act to OFCOM of the Commission’s functions under Part 5 of that Act as if it were the code required to be drawn up under that section by OFCOM.
Media ownership provisions
54 (1) Part 4 of Schedule 14 to this Act is to have effect—
(a) in relation to times before the television transfer date as if references to OFCOM were, in relation to licences under Part 1 of the 1990 Act or Part 1 of the 1996 Act, references to the ITC; and
(b) in relation to times before the radio transfer date as if references to OFCOM were, in relation to licences under Part 3 of the 1990 Act or Part 2 of the 1996 Act, references to the Radio Authority.
(2) A determination by the ITC or the Radio Authority under paragraph 2(2) of Part 2 of Schedule 2 to the 1990 Act which is in force immediately before the commencement of Part 4 of Schedule 14 to this Act is to have effect on and after its commencement as a determination under paragraph 15 of that Schedule to this Act.
(3) Any guidance issued by the ITC and the Radio Authority under paragraph 2(3) of Part 2 of Schedule 2 to the 1990 Act and in force immediately before the commencement of Part 4 of Schedule 14 to this Act is to have effect on and after its commencement as guidance published under paragraph 15(4) of that Schedule to this Act.
(4) Anything done under paragraph 15 of Schedule 14 by the ITC or the Radio Authority which is in force immediately before the relevant transfer date is to have effect on and after that date as if done under that paragraph by OFCOM.
(5) The following powers under enactments in force before the relevant transfer date shall be exercisable by OFCOM at all times on or after that date in relation to a pre-commencement contravention of a requirement imposed by or under Parts 3 to 5 of Schedule 2 to the 1990 Act—
(a) all the powers and duties of the ITC under section 5 of the 1990 Act and section 5 of the 1996 Act;
(b) all the powers and duties of the Radio Authority under section 88 of the 1990 Act and section 44 of the 1996 Act; and
(c) all the other powers and duties of the ITC or the Radio Authority in relation to contraventions of conditions imposed under section 5 or 88 of the 1990 Act or section 5 or 44 of the 1996 Act.
(6) For the purpose of determining whether anything occurring after the relevant transfer date is a pre-commencement contravention of a requirement imposed by or under Parts 3 to 5 of Schedule 2 to the 1990 Act, references in those Parts of that Schedule to the ITC or to the Radio Authority are to be construed as including references to OFCOM.
(7) In this paragraph—
“pre-commencement contravention” means a contravention of a requirement which occurred before the coming into force of the repeal by this Act of the provision by or under which the requirement was imposed; and
“the relevant transfer date”—
in relation to the ITC, means the television transfer date; and
in relation to the Radio Authority, means the radio transfer date.
TV licences
55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Functions under the Enterprise Act 2002
56 (1) This section has effect in so far as, at any time before the coming into force of section 370 of this Act, anything has been done or is treated as done by or in relation to the Director for the purposes of, or in connection with, the carrying out of any of his functions under the Enterprise Act 2002 (c. 40).
(2) That thing is to have effect on and after that date, and OFCOM may carry out their functions and continue anything begun by that Director, as if—
(a) that thing had been done by or in relation to OFCOM for the purposes of, or in connection with, their functions under that Act by virtue of that section; and
(b) the provisions conferring those functions on OFCOM had been in force at the time it was done.
(3) Sub-paragraph (1) does not apply to anything that could not be done by or in relation to OFCOM for the purposes of, or in connection with, the carrying out of their functions under the Enterprise Act 2002 (c. 40).
(4) Where, by virtue of sub-paragraph (3), sub-paragraph (1) does not apply to something, that thing is to have effect instead as if done by or in relation to the Office of Fair Trading
Functions under the Competition Act 1998
57 (1) This paragraph applies in so far as, at any time before the coming into force of section 371 of this Act, anything has been done by or in relation to the Director for the purposes of, or in connection with, the carrying out of any of his functions under the Competition Act 1998 (c. 41).
(2) That thing is to have effect on and after that date, and OFCOM may carry out their functions and continue anything begun by that Director, as if—
(a) that thing had been done by or in relation to OFCOM for the purposes of, or in connection with, their functions under that Act by virtue of that section; and
(b) the provisions conferring those functions on OFCOM had been in force at the time it was done.
(3) Sub-paragraph (1) does not apply to anything that could not be done by or in relation to OFCOM for the purposes of, or in connection with, the carrying out of their functions under the Competition Act 1998.
(4) Where, by virtue of sub-paragraph (3), sub-paragraph (1) does not apply to something, that thing is to have effect instead as if done by or in relation to the Office of Fair Trading
58 (1) Where any regulations made under section 54(4) of the Competition Act 1998 (regulations about concurrent functions of regulators and the Office of Fair Trading) are in force at the coming into force of section 371 of this Act, those regulations—
(a) shall, from that time have effect in relation to functions exercisable concurrently by virtue of section 371 of this Act as they have effect in relation to functions exercisable concurrently by virtue of Part 2 of Schedule 10 to the Competition Act 1998; but
(b) shall so have effect subject to any amendments or revocations coming into force at or after that time.
(2) Where, at any time before the coming into force of section 371, anything has been done by or in relation to the Director under or for the purposes of any regulations made under section 54(4) of the Competition Act 1998 that thing is to have effect, so far as necessary for the purposes of paragraph 57 of this Schedule, as if done by or in relation to OFCOM.
Newspaper mergers
59 (1) Chapter 2 of Part 5 and any related repeals shall, subject to sub-paragraph (2), not apply in relation to—
(a) a transfer of a newspaper or of newspaper assets (within the meaning given by section 57(2) of the Fair Trading Act 1973 (c. 41)) which has been made before the coming into force of section 373 of this Act; or
(b) a proposed transfer of a newspaper or of newspaper assets in relation to which an application for the consent of the Secretary of State under section 58 of the Act of 1973 has been made before the coming into force of section 373 of this Act.
(2) Chapter 2 of Part 5 and any related repeals shall apply in relation to a proposed transfer of a newspaper or of newspaper assets if—
(a) an application for the consent of the Secretary of State under section 58 of the Act of 1973 has been made;
(b) the application is expressed to depend on the operation of subsection (3) or (4) of that section;
(c) no consent is given by the Secretary of State under subsection (3) or (4) of that section; and
(d) no further application has been made for the consent of the Secretary of State under that section before the coming into force of section 373 of this Act.
60 Chapter 2 of Part 5 and any related repeals shall apply in relation to any transfer of a newspaper or of newspaper assets which is proposed (and not made) before the coming into force of section 373 of this Act and in relation to which no application has been made for the consent of the Secretary of State under section 58 of the Act of 1973 before the coming into force of that section.
61 References in paragraphs 59 and 60 to Chapter 2 of Part 5 do not include references to subsections (2) to (4) of section 389 (powers to make transitional and consequential amendments etc.).
62 (1) The Secretary of State may, instead of any or all of the conditions attached to a consent given by him (or treated as so given) under section 58 of the Fair Trading Act 1973 (c. 41)), accept undertakings under this paragraph to take, or refrain from taking, action specified or described in the undertakings.
(2) If, and so far as, the Secretary of State accepts an undertaking under this paragraph instead of a condition, that condition shall cease to have effect.
(3) In deciding whether to accept an undertaking under this paragraph, the Secretary of State may, in particular, consult the Office of Fair Trading and OFCOM.
(4) An undertaking under this paragraph—
(a) shall come into force when accepted;
(b) may be varied or superseded by another undertaking; and
(c) may be released by the Secretary of State.
(5) The Secretary of State shall, as soon as reasonably practicable, consider any representations received by him in relation to varying or releasing an undertaking under this paragraph.
(6) Paragraph 10 of Schedule 7 to the Enterprise Act 2002 (c. 40) (order-making power where final undertakings not fulfilled) shall apply in relation to an undertaking under this paragraph as it applies in relation to an undertaking under paragraph 9 of that Schedule to that Act but as if—
(a) in sub-paragraph (2) the words from “for any” to “66(6)” were omitted; and
(b) sub-paragraph (3) were omitted.
(7) The following provisions of the Enterprise Act 2002 (c. 40) shall apply in relation to an undertaking under this paragraph or an order made by virtue of sub-paragraph (6) as they apply in relation to an undertaking under paragraph 9 of Schedule 7 to that Act or (as the case may be) an order under paragraph 10 of that Schedule to that Act—
(a) section 90 and Schedule 10 (procedural requirements for certain undertakings and orders);
(b) section 91 (register of undertakings and orders);
(c) section 92 (duty of OFT to monitor undertakings and orders);
(d) section 93 (further role of OFT in relation to undertakings and orders); and
(e) section 94 (rights to enforce undertakings and orders).
(8) Section 402 of this Act shall not apply in relation to the power of the Secretary of State to make an order which is exercisable by virtue of sub-paragraph (6) but supplementary provisions of Part 3 of the Enterprise Act 2002 which relate to the making of an order under paragraph 10 of Schedule 7 to that Act shall apply in relation to the making of an order by virtue of sub-paragraph (6).
(9) Section 402 of this Act shall not apply in relation to the power of the Secretary of State to make an order under section 91(6)(a) of the Enterprise Act 2002 as applied by virtue of sub-paragraph (7)(b) above but supplementary provisions of Part 3 of the Enterprise Act 2002 which relate to the making of an order under section 91(6)(a) of that Act shall apply in relation to the making of an order under that provision as applied by virtue of sub-paragraph (7)(b) above.
Orders in Council under section 6 of the Continental Shelf Act 1964
63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation of Schedule
64 In this Schedule—
“the 1984 Act” means the Telecommunications Act 1984 (c. 12);
“the abolition of licensing” means the coming into force of the repeal by this Act of section 7 of the 1984 Act;
“the Director” means the Director General of Telecommunications;
“the ITC” means the Independent Television Commission.
Section 406
(1) Enactments
Short title and chapter | Extent of repeal
Telegraph Act 1899 (c. 38) | The whole Act.
Wireless Telegraphy Act 1949 (c. 54) | In section 1— subsection (1A); in subsection (4), the words “other than a television licence” and the words from “; and a television licence” onwards; subsections (6) and (7). Section 1D(1), (2), (7) and (8). Section 1F. Section 2. In section 3(1), the words after paragraph (d) from “and different” to “classes of case:”. Section 9. In section 10(2), the words after paragraph (b). In section 11(1)— paragraph (i) of the proviso; in paragraph (ii) of the proviso the words “, and paragraph (i) of this proviso shall not apply”. Section 14(1A)(e), (2) and (3)(b). Section 15(4)(c) and the word “or” immediately preceding it. Section 19(2A) and (9). Schedule 2.
Army Act 1955 (3 & 4 Eliz. 2 c. 18) | In section 44B(5), the definition of “telecommunication system” and the word “and” immediately preceding it.
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) | In section 44B(5), the definition of “telecommunication system” and the word “and” immediately preceding it.
Naval Discipline Act 1957 (c. 53) | In section 29B(5), the definition of “telecommunication system” and the word “and” immediately preceding it.
Opencast Coal Act 1958 (c. 69) | In section 45(3), the word “a” before “telecommunication apparatus”.
Continental Shelf Act 1964 (c. 29) | Section 6.
Parliamentary Commissioner Act 1967 (c. 13) | In Schedule 2, the entries relating to the Broadcasting Standards Commission and the Office of the Director General of Telecommunications.
Marine, &c., Broadcasting (Offences) Act 1967 (c. 41) | Section 6(2) and (7).
Wireless Telegraphy Act 1967 (c. 72) | Section 4. In section 7(5), paragraph (b) and the word “or” immediately preceding it.
Fair Trading Act 1973 (c. 41) | Sections 57 to 62. In section 93B— in subsection (1)(b), the words “the Telecommunications Act 1984 or”; in subsection (5), the words “section 13B of the Telecommunications Act 1984 or”.
House of Commons Disqualification Act 1975 (c. 24) | In Part 2 of Schedule 1, the entries relating to— the Broadcasting Standards Commission; Comataidh Craolaidh Gaidhlig; the Independent Television Commission; the Radio Authority. In Part 3 of Schedule 1, the entry relating to the Director General of Telecommunications.
Northern Ireland Assembly Disqualification Act 1975 (c. 25) | In Part 2 of Schedule 1, the entries relating to— the Broadcasting Standards Commission; the Independent Television Commission; the Radio Authority; the Tribunal established under Part 2 of the Wireless Telegraphy Act 1949. In Part 3 of Schedule 1, the entries relating to— the Director General of Telecommunications; a Director of the successor company within the meaning of Part 5 of the Telecommunications Act 1984.
Welsh Development Agency Act 1975 (c. 70) | In section 19(11), the definition of “appropriate authority”.
British Telecommunications Act 1981 (c. 38) | In section 88— in subsection (1), the words from “, and the special” to “Schedule 5,”; in subsection (2), the words “and 5”. In Schedule 4, paragraphs 2 to 18, 21 and 22. In Schedule 5, paragraphs 1 and 3 to 22.
Acquisition of Land Act 1981 (c. 67) | In section 28, paragraph (f).
Telecommunications Act 1984 (c. 12) | Sections 1 to 30. Sections 34 to 49. In section 50, subsections (2) to (6A). Sections 51 to 55. Section 60. Section 61(1) to (6). Section 62. Section 63(1) to (4). Sections 64 to 67. Sections 69 to 71. In section 72— in subsection (1), the words from the beginning to “this Act,” and the words “and development land tax”; subsections (2), (4) and (5). Section 73. Sections 80 and 81. Section 88. Section 90. In section 91— in subsection (2), the words “or section 80(9)(b) above” and the words “for an offence or (as the case may be) for the forfeiture of any apparatus under that section”; in subsection (4), the words “and in section 80(9)(b) above”. Section 92(4). Section 93. Sections 95 to 97. In section 98(9), the words “and ‘telecommunication apparatus’”. In section 101— in subsection (2)(a), the words “or transferred”; subsection (4). Section 102. In section 104— in subsection (1), the words “2, 27L 60(1) or (3), 69(2) or” and “, or paragraph 1 of Schedule 5,”; subsection (3). In section 106(1), the definitions of— “commercial activities connected with telecommunications”; “consumer”, “monopoly situation”, “practice” and “supply”; “the Director”; “directory information service”; “disabled person” and “disabled”; “public telecommunications operator”; “public telecommunications system”; “telecommunication apparatus”; “telecommunication service”; “telecommunications operator”; “telecommunication system”; “transitional period”. Section 107(1), (2) and (4). In section 109— subsections (2) and (3); in subsection (4), the words “and the special transitional provisions with respect to patents for inventions and registered designs contained in Schedule 6 to this Act”; subsections (5) to (7). Schedule 1. In Schedule 2— in paragraph 1(1), the words from “‘telecommunications apparatus’ includes any apparatus” onwards; in paragraph 9(2), the words “section 11(1) of this Act,”; in paragraph 10(2)(b), the words “(within the meaning of section 6 of this Act)”; in paragraph 27(1), the words “section 109(2) or (3) of or”. In Schedule 4, paragraphs 2, 3, 12, 16, 28(2), 40, 55(1) and (7), 65, 80(1), 86(1), 89(5) and 90. In Schedule 5— paragraphs 1 to 7; paragraph 8(2) and (4); paragraphs 9 to 14; paragraphs 16 to 29; paragraphs 31 to 33; paragraph 35; paragraphs 38 to 42; paragraph 47; in paragraph 48, in sub-paragraph (1), the words “Part 1 of the Industry Act 1972 and” and in sub-paragraph (2), the words “Part 1 of the Industry Act 1972 or”; paragraphs 49 to 51. Schedule 6.
Companies Consolidation (Consequential Provisions) Act 1985 (c. 9) | In Schedule 2, the entries relating to sections 60(3), 61(4), 66, 70 and 73(1) of and Schedule 5 to the Telecommunications Act 1984.
Surrogacy Arrangements Act 1985 (c. 49) | Section 3(6).
Interception of Communications Act 1985 (c. 56) | Schedule 2.
Housing Act 1985 (c. 68) | Section 298(1).
Airports Act 1986 (c. 31) | Section 62(8).
Insolvency Act 1986 (c. 45) | In Schedule 2A, paragraph 10(1)(a).
Consumer Protection Act 1987 (c. 43) | In Schedule 4, in paragraph 9(1), the words “28(6) and”.
Channel Tunnel Act 1987 (c. 53) | In Part 10 of Schedule 7, paragraph 1(2).
Income and Corporation Taxes Act 1988 (c. 1) | In Schedule 29, in the Table in paragraph 32, the entries relating to sections 62(7) and 72(4) of the Telecommunications Act 1984.
Legal Aid Act 1988 (c. 34) | In Schedule 5, paragraph 11.
Copyright, Designs and Patents Act 1988 (c. 48) | In section 69(2), the word “or” at the end of paragraph (b). In Schedule 2, the word “or” at the end of paragraph 17(2)(b). In Schedule 7, paragraph 27.
Housing Act 1988 (c. 50) | In Part 2 of Schedule 10, paragraph 19.
Electricity Act 1989 (c. 29) | In Schedule 4, in paragraph 12, the definitions of “public telecommunications operator” and of “telecommunication apparatus”, “telecommunication system” and “the telecommunications code”.
Companies Act 1989 (c. 40) | In Schedule 18, paragraph 28. In Schedule 20, paragraph 2.
Planning (Consequential Provisions) Act 1990 (c. 11) | In Schedule 2, paragraph 63.
Courts and Legal Services Act 1990 (c. 41) | In Schedule 10, paragraph 8.
Broadcasting Act 1990 (c. 42) | Sections 1 and 2. In section 4(3), the words from “and the amount” onwards. In section 5— subsection (6A)(a); subsection (6B). Sections 6 to 12. In section 15(3), paragraphs (c) to (e). In section 16— subsections (2) and (3); in subsection (4), the words from “; and in applying” onwards; subsections (5) to (8). Section 20. Section 21A. In section 24, subsections (4) to (6). Sections 25 to 27. In section 29— in subsection (2), paragraph (b) and the word “and” immediately preceding it; subsection (3). Sections 30 to 36. Sections 38 and 39. In section 42A, paragraph (b) and the word “and” immediately preceding it. Chapters 3 and 4 of Part 1. Section 48(5). In section 50— in subsection (1)(b)(ii), the words “(subject to the approval of the Secretary of State)”; subsection (7). Section 51(2) and (7). In section 53(4), the words “before the relevant date”. Section 54(2) In section 56(1)(b), the words “, and have the functions conferred by,”. Section 57. Section 59. Section 60(1) to (3) and (6). In section 61A— subsection (1); in subsection (2) the words “on or after the notified date”; subsections (5) and (6). Section 62. Section 65. In section 66A(2), paragraphs (c) and (d). Sections 68 to 70. In section 71(1)— in the definition of “Channel 3”, the words “by the Commission”; the definitions of “the Commission”, “licensable programme service” and “satellite television service”. Part 2. Sections 83 and 84. In section 85, subsections (3) and (4). In section 87— in subsection (2)(b), sub-paragraph (ii) and the word “or” immediately preceding it; in subsection (3), the words from “and the amount” onwards. In section 88— subsection (6A)(a); and subsection (6B). Section 89(2). Sections 90 to 96. In section 98(3)(a), the word “both” and sub-paragraph (ii) and the word “and” immediately preceding it. In section 99(1)(a), the word “both” and sub-paragraph (ii) and the word “and” immediately preceding it. In section 103A— in subsection (3), the words “before the relevant date”, paragraph (a) and, in paragraph (b), the words “in any other case”; in subsection (8), the words from “(whether because” to “any other reason)”; subsection (10); in subsection (11), the definition of “simulcast radio service”. In section 104A(5), at the end of paragraph (a), the word “and”. In section 104B— subsection (1)(b); subsections (6) and (7). In section 106(1), the words from “, except” onwards. Sections 106A to 108. Section 110(7). Sections 112 and 113. Section 114(5). In section 116(1)(b)(iii), the words “(subject to the approval of the Secretary of State)”. Section 117(2) and (7). Section 119(2). Section 122 to 125. In section 126(1), the definitions of “assigned frequency”, “the Authority” and “licensable sound programme service”. Section 134. In section 177(6), the definition of “relevant foreign satellite service”. Section 180(2) and (3). Section 181. In section 183— in subsection (3), the words “, which shall be called” onwards; subsection (3A); subsections (6) and (7). In section 185(5), the definition of “the Commission”. Section 186. Section 187(1) and (2). In section 188(2), paragraphs (b), (d) and (e). Sections 189 to 191. In section 196— in subsection (1)(a), the words “, 82”; subsection (2). Section 197. Section 199(1) to (4) and (6). In section 201(1), the words “under this Act”. In section 202— in subsection (1), the definition of “telecommunication system”; in subsection (2)(b), the words “1” and “8”; in subsection (5)(a), the words “for general reception, or”. Schedule 1. In Part 1 of Schedule 2— in paragraph 1(1), the definitions of “coverage area”, of “digital programme service”, of “local delivery licence” and “local delivery service”, of “local digital sound programme service” and “national digital sound programme service”, of “local radio multiplex service” and “national radio multiplex service” and of “television multiplex service”; paragraph 1(8); paragraph 3A; paragraph 3B; paragraph 4. In Part 2 of Schedule 2— paragraph 1(1)(a) and (b); in paragraph 1(1)(j)(i), the words “(a), (b) or”; paragraph 1(2) and (3); in paragraph 5A(1)(a), the words “granted by the Commission”; paragraph 5A(1)(b) and the word “and” immediately preceding it; in paragraph 5A(2), the words “granted by the Authority”; paragraph 5A(3). Parts 3 to 5 of Schedule 2. Schedule 4. Schedule 5. In Schedule 6— paragraph 2(1); in paragraph 13(2), the words from “and shall include” onwards. Schedule 8. Schedule 12. In Schedule 18— in Part 1, paragraphs 1(4) to (6), 2(1) and (3) and 4; in Part 2, paragraphs 1(d) and 5. In Schedule 19— in paragraph 8(c), the words “and (where the expenses relate to the Commission’s functions in connection with sound programmes) the Radio Authority”; in paragraph 11(4), the words “or the Radio Authority” and “or, as the case may be, the Authority”. In Schedule 20— paragraph 9; paragraph 24(c)(ii); paragraph 38; paragraph 54. In Schedule 22— paragraphs 1 to 3; in paragraph 4, the words “and 45”; paragraph 5.
New Roads and Street Works Act 1991 (c. 22) | In Schedule 4, in paragraph 7(4), the definitions of “telecommunication apparatus” and “telecommunication system”. In Schedule 6, in paragraph 7(4), the definitions of “telecommunication apparatus” and “telecommunication system”.
Taxation of Chargeable Gains Act 1992 (c. 12) | In Schedule 10, paragraph 7.
Charities Act 1992 (c. 41) | In section 60(10), the definition of “telecommunication apparatus”.
Competition and Service (Utilities) Act 1992 (c. 43) | Sections 1 to 10. Section 49. In Schedule 1, paragraphs 1, 2, 3(b) and 4.
Carriage of Goods by Sea Act 1992 (c. 50) | In section 5(1), the definition of “telecommunication system” and the word “and” immediately preceding it.
Tribunals and Inquiries Act 1992 (c. 53) | In Part 1 of Schedule 1, the entry at paragraph 45 relating to wireless telegraphy.
Judicial Pensions and Retirement Act 1993 (c. 8) | Section 26(8)(a). In Schedule 5, the entry relating to the President of the tribunal established under section 9 of the Wireless Telegraphy Act 1949. In Schedule 6, paragraph 58. In Schedule 7, paragraph 5(5)(xxxii).
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) | In Part 2 of Schedule 20, paragraph 19(1).
Cardiff Bay Barrage Act 1993 (c. 42) | In Schedule 4, in paragraph 3(2), the words following paragraph (c). In Schedule 7, paragraph 21(10).
Local Government (Wales) Act 1994 (c. 19) | In Schedule 16, paragraph 72.
Vehicle Excise and Registration Act 1994 (c. 22) | In Schedule 3, paragraph 3(a)(i).
Criminal Justice and Public Order Act 1994 (c. 33) | Section 92.
Deregulation and Contracting Out Act 1994 (c. 40) | Section 8. In Schedule 4, paragraph 3(a).
Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40) | In Schedule 4, paragraph 48(2) and (3).
Criminal Procedure (Scotland) Act 1995 (c. 46) | In Schedule 9, the entry relating to the Wireless Telegraphy Act 1949.
Arbitration Act 1996 (c. 23) | In Schedule 3, paragraph 7.
Broadcasting Act 1996 (c. 55) | Section 1(1A) to (3). Section 2(1), (6) and (7). In section 4(3), the words from “and the amount” onwards. Section 5(7)(a). Section 6. In section 11(5), the words from “not exceeding” onwards. Section 12(7). In section 16(6), the words “before the relevant date”. Section 18(5) and (6). Section 19(2) and (4) to (10). Sections 20 to 22. Section 25(5) and (6). Section 28. In section 29(2), the word “59,”. Sections 30 and 31. In section 33(3)(c), the words “or II”. Section 34. Section 38. In section 39(1), the definitions of “the Commission” and “qualifying teletext service”. In section 40(4), the words “provided on a frequency or frequencies assigned to the Authority under section 45(1)”. In section 43— in subsection (2)(b), sub-paragraph (ii) and the word “or” immediately preceding it; in subsection (3), the words from “and the amount” onwards. Section 44(7)(a). Section 45. In section 46(1), paragraph (e). Section 47(4). Section 54(7). In section 56(1)(a)(i), the words “to which the licence relates”. In section 58— subsection (5); in subsection (6), the words “before the relevant date”. In section 60, subsections (7) to (10). In section 61, subsections (3) and (4). Section 68. Section 71. In section 72(1), the definition of “the Authority”. Sections 74 to 76. Sections 78 and 79. Section 80(2). Sections 82 to 84. Section 86(3). Sections 87 to 90. Section 91. Section 93. In section 95, subsections (3) to (7). In section 97(3)(b), the words “by the Commission” and “by them”. In section 104(4)(d), the words “by the Commission” and “by them”. In section 105(1), the definitions of “the Commission” and “live”. Section 106. In section 107— subsection (2); in subsection (4)(a), the words “or regulatory”. Sections 108 and 109. In section 110— subsection (2); in subsection (3), the words from “; and in exercising” onwards; in subsection (4), the definition of “a standards complaint” and the word “and” immediately preceding it. Sections 112 and 113. In section 114— in subsection (1), the words “or a standards complaint”; in subsection (2), the words “or a standards complaint” and in paragraph (b) the words “, in the case of a fairness complaint,”. In section 115— in subsection (2), paragraph (c); in subsection (3), paragraph (b) and the word “and” immediately preceding it. Section 116. In section 118, the words “or a standards complaint”. In section 119— in subsection (3), paragraph (c); in subsection (8), the words “or standards complaint” and in paragraph (c) the words “, a regulatory body”; in subsection (9), the words “or standards complaint” and “, 113(1)”; subsection (12). In section 120(1), the words “or a standards complaint”. Sections 122 to 129. In section 130— in subsection (1), in the definition of “licensed service”, the words from “, subject to” to “125(6),”; the definitions in that subsection of “the appropriate regulatory body”, “the BSC”, “financial year”, “local delivery service”, “regulatory body”, “sexual conduct” and “standards complaint”; in subsection (2), paragraph (b) and the word “and” immediately preceding it. Section 142. Section 143(3) and (4). Section 144(5). In section 145(8), the definition of “the relevant authority”. In Schedule 2, paragraphs 1(2)(d) to (f), 4, 5, 6(3), 10 and 11. Schedule 3. Schedule 4. In Schedule 8, paragraph 4. In Schedule 10, paragraphs 1, 3 to 6, 8, 11 to 14, 16, 18 to 20, 22 to 25, 26(a)(ii) and (b) and 27(a).
Channel Tunnel Rail Link Act 1996 (c. 61) | In Part 4 of Schedule 15, in paragraph 1(2), the definitions of “telecommunications code”, “telecommunications operator” and “operator”, “telecommunication apparatus”, “telecommunications code system” and “telecommunication system”.
Telecommunications (Fraud) Act 1997 (c. 4) | The whole Act.
Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11) | In Schedule 2, paragraph 37.
Wireless Telegraphy Act 1998 (c. 6) | In section 1(1), the words “other than a television licence as defined in section 1(7) of that Act”. In section 1(3)— paragraph (a); in paragraph (b) the words from “or provide” to “the Secretary of State”; paragraph (d) and the word “and” immediately preceding it. In section 3— in subsection (1), the words “or determined by him under” and paragraph (a) and the word “and” immediately after it; subsection (2); in subsection (3), paragraph (h) and the word “and” immediately preceding it. Section 5. Schedule 1.
Petroleum Act 1998 (c. 17) | In Schedule 4— in paragraph 2(3), the words “section 6 (wireless telegraphy) and”; paragraph 19.
Competition Act 1998 (c. 41) | In Schedule 1, paragraph 3. In Schedule 7— paragraph 2(1)(d)(iii); in paragraph 19A(9), in the definition of “merger reference group”, the words “section 59 of the Fair Trading Act 1973 (c. 41),” and in the definition of “special reference group” paragraphs (b) and (f) and the word “or” at the end of paragraph (m). In Schedule 7A, in paragraph 1, in the definition of “merger investigation”, the words “section 59 of the Fair Trading Act 1973 (c. 41),”. In Schedule 10— paragraph 2(1) to (6), (8) and (9); paragraph 9(2) to (4) and (6). In Schedule 12, paragraph 14(3). In Schedule 13, paragraph 35(2)(a).
Regional Development Agencies Act 1998 (c. 45) | In Schedule 6, paragraph 16(1).
Access to Justice Act 1999 (c. 22) | In Schedule 4, paragraph 26.
Electronic Communications Act 2000 (c. 7) | Sections 11 and 12.
Regulation of Investigatory Powers Act 2000 (c. 23) | Section 18(12)(e). In Schedule 4, paragraph 3.
Postal Services Act 2000 (c. 26) | In Schedule 7, paragraph 3(2)(g).
Freedom of Information Act 2000 (c. 36) | In Part 6 of Schedule 1, the entries relating to— the Broadcasting Standards Commission; the Independent Television Commission; the Radio Authority; the Scottish Advisory Committee on Telecommunications; the Welsh Advisory Committee on Telecommunications. In Part 7 of Schedule 1, the entry relating to the Northern Ireland Advisory Committee on Telecommunications.
Countryside and Rights of Way Act 2000 (c. 37) | In section 45(1), the definitions of “telecommunications code” and “telecommunications code system”.
Transport Act 2000 (c. 38) | In Schedule 8, paragraph 14(2). In Schedule 9, paragraph 3(2)(e).
Political Parties, Elections and Referendums Act 2000 (c. 41) | Section 11(1) and (2). In Schedule 12, in paragraph 4, sub-paragraphs (1) to (5) and in sub-paragraph (7) the definitions of “the 1990 Act”, “licence”, “licensed” and “the licensing body”. In Schedule 21, paragraph 8.
Criminal Justice and Police Act 2001 (c. 16) | In the table in section 1(1), the entry relating to section 43(1)(b) of the Telecommunications Act 1984.
Anti-terrorism, Crime and Security Act 2001 (c. 24) | In Schedule 4, paragraph 29.
Office of Communications Act 2002 (c. 11) | Section 2. Sections 4 to 6. In the Schedule, paragraphs 1(4), 8(5), 17(8) and (9) and 20.
Tobacco Advertising and Promotion Act 2002 (c. 36) | Section 12(4).
Enterprise Act 2002 (c. 40) | In section 22(3)(a), the words “69(1),”. In section 33(3)(a), the words “69(1),”. In section 46(1)(a), the words “69(1),”. In section 62(4), the words “section 69(1) or”. In section 67(1)(b), the words from “which” to “or 33”. In section 68(2)(c), the words from “which”, where it occurs for the second time, to “or 33”. Section 69. In section 121— in subsection (1), the words “, Part V of the Fair Trading Act 1973 (c. 41)”; in subsection (2), paragraph (b) and the word “or” at the end of the paragraph; in subsection (4)(c), sub-paragraph (i), the word “and” at the end of the sub-paragraph and, in sub-paragraph (ii), the words “in any other case,”; in subsection (8), the words “, Part V of the Act of 1973”; subsection (10). In section 136— in subsection (7), paragraph (a) and the word “and” immediately preceding paragraph (g); in subsection (8), the words “the Director of Telecommunications,”. Section 168(3)(a), (4)(a) and (5)(d). In Schedule 9, paragraphs 1 and 16. In Schedule 25, paragraphs 13(2) to (8), 24(2) to (6), (8) and (9) and 34.
Income Tax (Earnings and Pensions) Act 2003 (c. 1) | In section 320(7), paragraph (d).
European Parliament (Representation) Act 2003(c. 7) | In section 12(4), in the definition of “programme services”, the words from “(including” to “local delivery services”.
Note
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The repeal of section 63 of the Telecommunications Act 1984 (c. 12) does not affect the power of the Secretary of State or the Treasury to acquire or subscribe for securities of the successor company or of any subsidiary of the successor company other than pursuant to an enactment.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 The repeal of paragraph 20 of Schedule 5 to the Telecommunications Act 1984 shall be disregarded for the purposes of Schedule 18 to this Act.
5 The repeals of sections 27A to 27L and in section 50 of the Telecommunications Act 1984 and the repeal of sections 1 to 10 of the Competition and Service Utilities Act 1992 do not have effect in relation to any dispute or other matter referred to the Director General of Telecommunications before the coming into force of the repeals.
6 The repeals of sections 26 and 27 of the 1990 Act have effect subject to section 201(2) of this Act.
(2) Instruments
Title and number | Extent of revocation
Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11)) | Article 104(5).
Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) | In Schedule 4, in paragraph 1(1), the definitions of “public telecommunications operator” and of “telecommunication apparatus”, “telecommunication system” and “the telecommunications code”.
Telecommunications (Single Emergency Call Number) Regulations 1992 (S.I. 1992/2875) | The whole regulations.
Roads (Northern Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15)) | In Article 2(2), the definitions of “telecommunication apparatus”, “the telecommunications code” and “telecommunications code system”.
Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) | Article 12(7).
Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) | In Schedule 2, in paragraph 7(4), the definitions of “telecommunication apparatus” and “telecommunication system”.
Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) | In Schedule 3, in paragraph 1, the definitions of “public telecommunications operator” and of “telecommunication apparatus”, “telecommunication system” and “the telecommunications code”.
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)) | Paragraphs 4 and 9 of Schedule 2.
Telecommunications (Voice Telephony) Regulations 1997 (S.I. 1997/1886) | The whole regulations.
Telecommunications (Interconnection) Regulations 1997 (S.I. 1997/2931) | The whole regulations.
Telecommunications (Open Network Provision and Leased Lines) Regulations 1997 (S.I. 1997/2932) | The whole regulations.
Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998 (S.I. 1998/1580) | The whole regulations.
Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (S.I. 1999/2450) | The whole regulations.
Telecommunications (Licence Modification) (Fixed Voice Telephony and International Facilities Operator Licences) Regulations 1999 (S.I. 1999/2451) | The whole regulations.
Telecommunications (Licence Modification) (Mobile Public Telecommunications Operators) Regulations 1999 (S.I. 1999/2452) | The whole regulations.
Telecommunications (Licence Modification) (British Telecommunications plc) Regulations 1999 (S.I. 1999/2453) | The whole regulations.
Telecommunications (Licence Modification) (Cable and Local Delivery Operator Licences) Regulations 1999 (S.I. 1999/2454) | The whole regulations.
Telecommunications (Licence Modification) (Kingston Communications (Hull) PLC) Regulations 1999 (S.I. 1999/2455) | The whole regulations.
Telecommunications (Interconnection) (Carrier Pre-section) Regulations 1999 (S.I. 1999/3448) | The whole regulations.
Telecommunications (Interconnection) (Number Portability, etc.) Regulations 1999 (S.I. 1999/3449) | The whole regulations.
Telecommunications (Licence Modification) (Satellite Operator Licences) Regulations 2000 (S.I. 2000/1711) | The whole regulations.
Telecommunications (Licence Modification) (Regional Public Access Mobile Radio Operator Licences) Regulations 2000 (S.I. 2000/1712) | The whole regulations.
Telecommunications (Licence Modification) (Amendment) Regulations 2000 (S.I. 2000/1713) | The whole regulations.
Telecommunications (Licence Modification) (Mobile Data Operator Licences) Regulations 2000 (S.I. 2000/1714) | The whole regulations.
Telecommunications (Licence Modification) (Paging Operator Licences) Regulations 2000 (S.I. 2000/1715) | The whole regulations.
Telecommunications (Services for Disabled Persons) Regulations 2000 (S.I. 2000/2410) | The whole regulations.
Telecommunications (Licence Modifications) (Amendment No. 2) Regulations 2000 (S.I. 2000/2998) | The whole regulations.
Telecommunications (Licence Modifications) (Amendment) Regulations 2001 (S.I. 2001/2495) | The whole regulations.