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Other Bills before Parliament

Communications Bill


Communications Bill
Schedule 8 — Decisions not subject to appeal

    382

 

              (b)             the research to be carried out or the arrangements made for carrying

it out; or

              (c)             the making or terms of any grant.

  15       A decision under section 152.

  16       A decision under section 155.

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  17       A decision given effect to by regulations under section 156.

  18       A decision given effect to by regulations under section 159.

  19       A decision given effect to by an order under section 161.

  20       A decision given effect to by regulations under section 165.

  21       A decision given effect to by regulations under section 167 and any decision

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under any such regulations.

  22       A decision to impose a penalty under section 172(1).

  23                A decision relating to the making or revision of a statement under section

174.

  24       A decision given effect to by regulations under paragraph 1 of Schedule 5.

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  25       A decision under any provision of Schedule 6.

  26       A decision under any provision of Schedule 7.

Wireless Telegraphy Act 1949

  27       A decision given effect to by regulations under the proviso to section 1(1) of

the Wireless Telegraphy Act 1949 (c. 54).

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  28       A decision given effect to by regulations under section 1D(3) of that Act.

  29       A decision given effect to by regulations under section 3 of that Act.

  30       A decision given effect to by regulations under section 10 of that Act.

  31                         A decision relating to the making or revision of a statement under section

13B of that Act.

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  32       A decision for the purposes of section 15 of that Act.

Wireless Telegraphy Act 1998

  33       A decision given effect to by regulations under section 1 of the Wireless

Telegraphy Act 1998 (c. 6).

  34       A decision given effect to by regulations under section 3 of that Act.

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  35       A decision given effect to by regulations under section 3A of that Act.

  36       A decision relating to the recovery of a sum payable to OFCOM under

section 4A of that Act.

 

 

Communications Bill
Schedule 9 — Arrangements about carrying on of C4C’s activities

    383

 

Schedule 9

Section 196

 

Arrangements about carrying on of C4C’s activities

Notification of requirement to submit proposals

  1       (1)      It shall be the duty of OFCOM to give a notification under this paragraph to

C4C—

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              (a)             as soon as practicable after the commencement of this Schedule, and

              (b)             as soon as practicable in the last twelve months preceding each date

on which the replacement licence granted in accordance with section

228 would expire if not renewed.

          (2)      A notification under this paragraph is one requiring C4C to submit

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proposals to OFCOM in accordance with this Schedule for the relevant

licence period.

          (3)      A notification under this paragraph must specify the period within which

C4C must submit their proposals.

          (4)      The period specified under sub-paragraph (3) must be a period ending not

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less than three months after the day of the giving of the notification.

Submission of proposed arrangements

  2       (1)      This paragraph applies where C4C have received a notification under

paragraph 1.

          (2)      C4C must, within the period set out in the notification, submit proposals to

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OFCOM for the arrangements under which they are proposing to secure, so

far as reasonably practicable, that all significant risks that their other

activities will have an adverse effect on the carrying out, during the relevant

licence period, of their primary functions are—

              (a)             identified;

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              (b)             evaluated; and

              (c)             properly managed.

          (3)      The proposals must include proposals for the arrangements that C4C

consider appropriate for securing the transparency objectives during the

relevant licence period.

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          (4)      For the purposes of this Schedule the transparency objectives are—

              (a)             an appropriate financial and organisational separation between the

activities of C4C that relate to the carrying out of their primary

functions and their other activities; and

              (b)             an appropriate degree of transparency in financial and other

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reporting where resources are shared between separated activities or

where there is some other financial or practical connection between

otherwise separated activities.

          (5)      The matters to which the proposals submitted under this section may relate

include, in particular, the procedures and other practices to be followed by

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C4C in the case of—

              (a)             the initiation and management of new ventures;

              (b)             the exercise of particular powers;

              (c)             the assessment of risks;

 

 

Communications Bill
Schedule 9 — Arrangements about carrying on of C4C’s activities

    384

 

              (d)             the imposition of charges; and

              (e)             the keeping of records.

          (6)      The determination of what is appropriate for the purposes of sub-

paragraphs (3) and (4) is not to be confined to a determination of what is

appropriate for securing the matters mentioned in sub-paragraph (2).

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          (7)      The arrangements proposed by C4C must contain provision for compliance

with the arrangements to be checked regularly by a person appointed in

accordance with that provision.

          (8)      That person must be a person other than the person for the time being

holding an appointment for the purposes of paragraph 12(2) of Schedule 3

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to the 1990 Act (C4C’s auditor).

Consideration and approval of proposals

  3       (1)      OFCOM must consider every proposal or revised proposal submitted to

them by C4C under paragraph 2 or this paragraph and may do one of the

following—

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              (a)             approve the proposed arrangements;

              (b)             approve them with such modifications as they may notify to C4C;

              (c)             require C4C to submit revised proposals in accordance with

directions given by OFCOM.

          (2)      Before—

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              (a)             making modifications of proposed arrangements for the purpose of

approving them, or

              (b)             requiring the submission of revised proposals,

                   OFCOM must consult C4C.

Duration of approval and modification of arrangements

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  4       (1)      Arrangements approved under this Schedule are to remain in force (subject

to the following provisions of this paragraph) throughout the licence period

to which they relate.

          (2)      The arrangements for the time being approved under this Schedule for any

licence period may be modified, by agreement between OFCOM and C4C,

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at any time during the licence period for which they apply.

          (3)      OFCOM may carry out a review of the arrangements for the time being

approved under this Schedule.

          (4)      The reviews that may be carried out under this paragraph in any one licence

period are confined to either—

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              (a)             one review relating to all the arrangements; or

              (b)             two reviews carried out at separate times as follows—

                    (i)                   one (whether the first or second) relating to the arrangements

for securing the transparency objectives; and

                    (ii)                  the other relating to other matters.

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          (5)      On a review under this paragraph, OFCOM may require C4C to submit

proposals for modifying the arrangements for the time being approved

under this Schedule so far as they relate to the matters under review.

          (6)      Paragraph 3 applies where proposals are submitted to OFCOM under sub-

paragraph (5) as it applies where they are submitted under paragraph 2.

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Communications Bill
Schedule 9 — Arrangements about carrying on of C4C’s activities

    385

 

Publication of approved arrangements

  5       (1)      OFCOM must publish all arrangements approved by them under this

Schedule.

          (2)      The publication of anything under this paragraph must be in such manner

as OFCOM consider appropriate for bringing it to the attention of members

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of the public.

Duty of C4C to act in accordance with the approved arrangements

  6        It shall be the duty of C4C to act in accordance with the arrangements for the

time being in force under this Schedule.

Enforcement of duties

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  7       (1)      This paragraph applies to—

              (a)             every duty of C4C under this Schedule to submit proposals to

OFCOM; and

              (b)             the duty imposed on C4C by paragraph 6.

          (2)      Each of those duties shall be enforceable in civil proceedings by OFCOM—

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              (a)             for an injunction;

              (b)             for specific performance of a statutory duty under section 45 of the

Court of Session Act 1988 (c. 36); or

              (c)             for any other appropriate remedy or relief.

Penalty for contravention of the arrangements

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  8       (1)      OFCOM may impose a penalty on C4C if C4C have contravened—

              (a)             a requirement of this Schedule to submit proposals to OFCOM;

              (b)             a requirement of arrangements for the time being approved under

this Schedule.

          (2)      The amount of the penalty must not exceed 3 per cent. of C4C’s qualifying

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revenue for their last complete accounting period before the contravention.

          (3)      Before imposing a penalty on C4C under this paragraph OFCOM must give

C4C a reasonable opportunity of making representations to OFCOM about

their proposal to impose the penalty.

          (4)      Where OFCOM impose a penalty on C4C under this paragraph, they shall—

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              (a)             notify C4C; and

              (b)             in that notification, fix a reasonable period after it is given as the

period within which the penalty is to be paid.

          (5)      In the case of a continuing contravention—

              (a)             separate penalties may be imposed in respect of different periods

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during which the contravention continues;

              (b)             the notification of the penalty must specify the period in respect of

which the penalty is imposed; and

              (c)             the reference in sub-paragraph (2) to the last complete accounting

period before the contravention is a reference to the last complete

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accounting period before the end of the period in respect of which

the penalty is imposed.

 

 

Communications Bill
Schedule 9 — Arrangements about carrying on of C4C’s activities

    386

 

          (6)      A penalty imposed under this paragraph must be paid to OFCOM within

the period fixed by them.

          (7)      Section 19(2) to (6) of the 1990 Act and Part 1 of Schedule 7 to that Act

(calculation of qualifying revenue), with any necessary modifications, have

effect in relation to C4C for the purposes of this paragraph as they have

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effect in relation to the holder of a Channel 3 licence for the purposes of Part

1 of that Act.

OFCOM’s duty to take account of need to support C4C’s primary functions

  9        In exercising their powers under this Schedule OFCOM must have regard,

in particular, to the need to secure, so far as practicable, that all significant

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risks that C4C’s other activities will have an adverse effect on the carrying

out of their primary functions are—

              (a)             identified;

              (b)             evaluated; and

              (c)             properly managed

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Interpretation of Schedule

  10       In this Schedule—

                    “arrangements” means arrangements about the procedures and other

practices to be followed by C4C and about other matters connected

with the carrying on by them of any of their activities;

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                    “licence period” means—

                    (a)                   the period for which the replacement licence is granted to

C4C in accordance with section 228; or

                    (b)                   any subsequent period for which it is renewed;

                    “primary functions” is to be construed in accordance with section

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196(2);

                    “relevant licence period”—

                    (a)                   in relation to the first notification to be given under

paragraph 1, the licence period mentioned in paragraph (a) of

the definition of that period; and

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                    (b)                   in relation to any other such notification, the first licence

period to begin after the giving of the notification;

                    “transparency objectives” is to be construed in accordance with

paragraph 2(4).

 

 

 
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