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Communications Bill


Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    476

 

Conditions of digital additional sound service

  124     (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

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“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

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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

  125     (1)      Section 66 of the 1996 Act (enforcement of digital additional services

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licences) shall be amended as follows.

          (2)      For “the Authority” and “The Authority”, wherever occurring, there shall be

substituted “OFCOM”.

          (3)      In subsection (10) for “apology” there shall be substituted “statement of

findings”.

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Review of digital radio broadcasting

  126      In section 67 of the 1996 Act (review of digital radio broadcasting), for “the

Authority”, wherever occurring, there shall be substituted “OFCOM”.

Interpretation

  127      In section 72(1) of the 1996 Act (interpretation), for the definition of “radio

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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

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Communications Act 2003;”.

Listed events

  128     (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

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substituted “licence for the purposes of section 356 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

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programmes by satellite” there shall be substituted “broadcasting of

television programmes from a satellite so as to be available for reception by

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    477

 

          (4)      members of the public (within the meaning of Part 3 of the Communications

Act 2003)”.

  129      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

5

“OFCOM”.

  130     (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

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omitted.

  131      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”.

  132      In section 105(1) of the 1996 Act (interpretation of Part 4 etc.), the definition

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of “the Commission” shall be omitted.

Broadcasting standards

  133     (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,

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111, 114, 115, 118 to 121 there shall be substituted “OFCOM”.

  134      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

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Communications Act 2003)”.

  135      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”.

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  136      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”.

  137     (1)      For subsections (1) and (2) of section 119 of the 1996 Act there shall be

substituted—

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              “(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—

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              (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)”;

 

 

Communications Bill
Schedule 15 — Amendments of Broadcasting Acts
Part 2 — Amendments of the 1996 Act

    478

 

              (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;

5

              (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—

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                    (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.”

  138      In section 130(1) of the 1996 Act (interpretation of Part 5), for paragraphs (b)

15

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

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1990 Act) which is licensed under that Part,”.

Disqualification on grounds related to political objects

  139     (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)—

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              (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”.

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          (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.

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          (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

40

  140     (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”.

 

 

Communications Bill
Schedule 16 — Further amendments in connection with newspaper mergers

    479

 

          (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

  141     (1)      Section 145 of the 1996 Act (disqualification for offence of supplying false

5

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

10

(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—

15

                                      “‘licence’ means a licence under Part 1 or 3 of the 1990 Act or

under Part 1 or 2 of this Act;”.

Interpretation

  142      In section 147(1) of the 1996 Act (general interpretation), after the definition

of “the BBC” there shall be inserted—

20

                                      “‘OFCOM’ means the Office of Communications;”.

Computation of qualifying revenue

  143     (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,

25

there shall be substituted “OFCOM”.

          (3)      In Part 2, for “the Authority” and “The Authority”, wherever occurring,

there shall be substituted “OFCOM”.

Schedule 16

Section 382

 

Further amendments in connection with newspaper mergers

30

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,””.

 

 

Communications Bill
Schedule 16 — Further amendments in connection with newspaper mergers

    480

 

Gas Act 1986 (c. 44)

  2        In section 41EB(4) of the Gas Act 1986 (application of section 117 of the

Enterprise Act 2002 (c. 40)) for the words ““the OFT,”” there shall be

substituted ““the OFT, OFCOM,””.

Electricity Act 1989 (c. 29)

5

  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.

10

          (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,

15

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,””.

Financial Services and Markets Act 2000 (c. 8)

20

  5        In Schedule 14 to the Financial Services and Markets Act 2000, in paragraph

2A(4) (application of section 117 of the Enterprise Act 2002), for the words

““the OFT,”” there shall be substituted ““the OFT, OFCOM,””.

Postal Services Act 2000 (c. 26)

  6       (1)      The Postal Services Act 2000 shall be amended as follows.

25

          (2)      In section 15B(4) (application of section 117 of the Enterprise Act 2002) for

the words ““the OFT,”” there shall be substituted ““the OFT, OFCOM,””.

          (3)      In section 19A(9) (application of section 117 of the Enterprise Act 2002) for

the words ““the OFT,”” there shall be substituted ““the OFT, OFCOM,””.

Transport Act 2000 (c. 38)

30

  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) 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,””.

35

Enterprise Act 2002 (c. 40)

  8       (1)      Section 43 of the Enterprise Act 2002 (intervention notices under section 42)

shall be amended as follows.

 

 

Communications Bill
Schedule 16 — Further amendments in connection with newspaper mergers

    481

 

          (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)

5

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

10

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

15

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

20

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

25

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”.

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  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

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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.”

40

  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

 

 

Communications Bill
Schedule 16 — Further amendments in connection with newspaper mergers

    482

 

              (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

5

              (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.

10

          (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)

15

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,”.

20

  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

25

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

30

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.

35

          (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.

40

          (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)—

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