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Communications Bill


Communications Bill
Schedule 17 — Minor and Consequential Amendments

    483

 

              (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)—

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              (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 shall be amended as follows.

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          (2)      In subsection (3) after the word “34” there shall be inserted “, 59(6E)”.

          (3)      In subsection (4) after the word “40(8),” there shall be inserted “44(10),”.

          (4)      In subsection (6) after the word “34,” there shall be inserted “44(10), 59(6E),”.

  25      (1)      Section 130 (index of defined expressions) of that Act shall be amended as

follows.

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          (2)      After the entry for “modify” there shall be inserted—

 

“Newspaper

Section 44(9)

 
 

Newspaper public interest

Section 44(8)”

 
 

consideration

  

          (3)      After the entry for “notified arrangements” there shall be inserted—

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“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 17

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Section 399

 

Minor and Consequential Amendments

Interpretation

  1       (1)      In any Act or instrument amended by this Schedule—

               “communications service” means any of the following services—

                     (a)                    an electronic communications service;

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                     (b)                    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;

                     (c)                    the installation, maintenance, adjustment, repair, alteration,

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moving, removal or replacement of apparatus which is or is

to be connected to an electronic communications network;

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

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               “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—

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                     (a)                    so much of an electronic communications network or

conduit 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 103; and

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                     (b)                    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

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under section 103;

               “electronic communications network” and “electronic

communications service” each has the same meaning as in this Act;

                    “former PTO” means a person—

                    (a)                   who is a provider of a public electronic communications

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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

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                    (b)                   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—

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                    (a)                   the electronic communications code operator providing that

network; or

                    (b)                   the Secretary of State or a Northern Ireland department, to

the extent that they are providing or proposing to provide

that network;

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                    “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

29(4) of this Act;

                    “public electronic communications network” and “public electronic

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communications service” each has the same meaning as in Chapter 1

of Part 2 of this Act.

          (2)      In this paragraph—

              (a)             “conduit system” has the same meaning as in the electronic

communications code and references to providing a conduit system

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shall be construed in accordance with paragraph 1(3A) of that code;

              (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-

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paragraph (1).

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

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Official Secrets Act 1911

  2        For the purposes of the Official Secrets Act 1911 (c. 28), any electronic

communications station or office belonging to, or occupied by, the provider

of a public electronic communications service shall be a prohibited place.

Law of Property Act 1925

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  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.”

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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”.

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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

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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

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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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  6       (1)      Section 1 of the Wireless Telegraphy Act 1949 (c. 54) (licensing wireless

telegraphy) shall be amended as follows.

          (2)      In subsection (1)—

              (a)             for paragraphs (a) and (b) there shall be substituted “by OFCOM;”;

and

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              (b)             in the proviso, for the words from “Provided” to “by regulations”

there shall be substituted “Provided that OFCOM may by

regulations”.

          (3)      After subsection (1) there shall be inserted—

              “(1AA)                Subsection (1) shall not apply to the use of a television receiver

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(within the meaning of Part 4 of the Communications Act 2003) for

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

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              receiving a television programme or to the installation of a television

receiver for use solely for that purpose.”

          (4)      In subsection (2), for paragraphs (a) and (b) there shall be substituted “as

OFCOM think fit,”.

          (5)      In subsection (3), for the words from “revoked by” to “BBC” there shall be

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substituted “revoked by OFCOM”.

          (6)      In subsection (4), for the words from “notice in writing of” to “served”, in the

first place where it occurs, there shall be substituted “notice in writing from

OFCOM served by them”.

          (7)      In subsection (5), for the words from “surrendered” to “so to do” there shall

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be substituted “surrendered to OFCOM if required by them to do so”.

  7        In section 1C of that Act (prohibition on Acts facilitating unauthorised

broadcasting), for subsection (4) there shall be substituted—

              “(4)                The cases in which a person is to be taken for the purposes of this

section as advertising by means of a broadcast include any case in

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which he causes or allows it to be stated, suggested or implied that

entertainment included in the broadcast—

                    (a)                   has been supplied by him; or

                    (b)                   is provided wholly or partly at his expense.”

  8       (1)      Section 1D of that Act (procedure for grant of licences for providing a

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telecommunications service) shall be amended as follows.

          (2)      For the words “the Secretary of State”, “himself” and “he”, wherever

occurring, there shall be substituted, respectively, “OFCOM”, “themselves”

and “they”.

          (3)      Subsections (1) and (2) (which confine sections 1D to 1F to licences for the

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purposes of a telecommunications service) shall cease to have effect.

          (4)      For subsection (3) there shall be substituted—

              “(3)                An application for a grant of a wireless telegraphy licence shall be

determined in accordance with procedures prescribed in regulations

made by OFCOM.”

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          (5)               In subsection (4), for “specified under subsection (3) shall include” there

shall be substituted “must include provision for”.

          (6)      After subsection (4) there shall be inserted—

              “(4A)                The time limits fixed for the purposes of subsection (4) in relation to

any application made after the coming into force of this subsection

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must require a decision on the application to be made, notified to the

applicant and published—

                    (a)                   in the case of an application for a licence relating to a

frequency allocated in accordance with the United Kingdom

Plan for Frequency Authorisation, not more than six weeks

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after the day of the receipt of the application; and

                    (b)                   in any other case, as soon as possible after the receipt of the

application.

              (4B)                The period of six weeks specified in subsection (4A)(a) may be

extended by OFCOM where it appears to them necessary to do so—

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Communications Bill
Schedule 17 — Minor and Consequential Amendments

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                    (a)                   for the purpose of enabling the requirements of any

international agreement relating to frequencies or to orbital

positions or to satellite co-ordination to be complied with; or

                    (b)                   in a case where a determination falls to be made as to which

of a number of applicants is the more or most suitable to be

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licensed, for the purpose of securing that the procedure for

the making of that determination is fair, reasonable, open and

transparent.

              (4C)                That period shall not be extended by virtue of subsection (4B)(b) by

more than eight months.”

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          (7)      In subsection (5) for “requires” there shall be substituted “require”.

          (8)      In subsection (6)—

              (a)             for “proposes” there shall be substituted “propose”;

              (b)             for “28 days” there shall be substituted “one month”.

          (9)      Subsections (7) and (8) shall cease to have effect.

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          (10)     For subsection (9) there shall be substituted—

              “(9)                In imposing terms, provisions or limitations of a wireless telegraphy

licence, OFCOM shall impose only those that they are satisfied are—

                    (a)                   objectively justifiable in relation to the networks and services

to which they relate;

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                    (b)                   not such as to discriminate unduly against particular persons

or against a particular description of persons;

                    (c)                   proportionate to what they are intended to achieve; and

                    (d)                   in relation to what they are intended to achieve, transparent.”

  9       (1)      Section 3 of that Act (regulations as to wireless telegraphy) shall be amended

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as follows.

          (2)      In subsection (1), for the words before paragraph (a) there shall be

substituted “OFCOM may make regulations—”.

          (3)      After subsection (2) there shall be inserted—

              “(2A)                The approval of the Secretary of State is required for the making by

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OFCOM of any regulations under this section.

              (2B)                A statutory instrument containing regulations made by OFCOM

under this section shall be subject to annulment in pursuance of a

resolution of either House of Parliament.”

  10       No appeal shall be brought to the tribunal established under section 9 of that

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Act (appeals tribunal in relation to decisions about interference) in respect of

any decision made after the coming into force of section 189 of this Act.

  11      (1)      Section 10 of that Act (regulations as to radiation of electro-magnetic energy

etc.) shall be amended as follows.

          (2)      In subsection (1), for the words before paragraph (a) there shall be

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substituted “OFCOM may make regulations for either or both of the

following purposes—”.

          (3)      In subsection (2), for the words from the beginning to “fit” there shall be

substituted “The requirements prescribed under subsection (1) shall be such

as OFCOM think fit”.

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Communications Bill
Schedule 17 — Minor and Consequential Amendments

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          (4)      After subsection (4) there shall be inserted—

              “(4A)                The approval of the Secretary of State is required for the making by

OFCOM of any regulations under this section.

              (4B)                A statutory instrument containing regulations made by OFCOM

under this section shall be subject to annulment in pursuance of a

5

resolution of either House of Parliament.”

  12      (1)      Section 11 of that Act (enforcement of regulations as to apparatus) shall be

amended as follows.

          (2)      In subsection (1)—

              (a)             for the words before paragraph (a) there shall be substituted “If

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OFCOM are of the opinion—”;

              (b)             for “he considers” there shall be substituted “they consider”;

              (c)             for “he may” there shall be substituted “OFCOM may”;

              (d)             for the words from “or, if” to “fit” there shall be substituted “or, if

OFCOM think fit”; and

15

              (e)             in paragraph (ii) of the proviso, for the words from the beginning to

“satisfied” there shall be substituted “if OFCOM are satisfied”.

          (3)      In subsection (2), for the words from “notice in writing by” to “served”, in

the first place where it occurs, there shall be substituted “notice in writing

from OFCOM served by them”.

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          (4)      In subsection (7), for the words from “notice” to “section” there shall be

substituted “notice from OFCOM under this section”.

  13      (1)      Section 12 of that Act (enforcement of regulations as to sales etc.) shall be

amended as follows.

          (2)      In subsection (1)—

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              (a)             for the words from the beginning to “opinion” there shall be

substituted “If OFCOM are of the opinion”; and

              (b)             for “he” there shall be substituted “OFCOM”.

          (3)      In subsection (5), for the words from “by” onwards there shall be substituted

“by OFCOM, be guilty of an offence.”

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  14      (1)      Section 14 of that Act (penalties and legal proceedings) shall be amended as

follows.

          (2)      In subsection (1), for paragraph (a) substitute—

                    “(a)                      any offence under section 5(1)(a) of this Act; or”.

          (3)      In subsection (1A)—

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              (a)             in paragraph (c), for “of the Secretary of State” there shall be

substituted “from OFCOM”; and

              (b)             paragraph (e) shall cease to have effect.

          (4)      In subsection (3)—

              (a)             paragraph (b) shall cease to have effect; and

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              (b)             for “the Secretary of State” there shall be substituted “OFCOM”.

          (5)      In subsections (3A), (3B), (3D) and (3E), for “the Secretary of State” there

shall be substituted “OFCOM”.

          (6)      In subsection (3B), for “he thinks” there shall be substituted “they think”.

          (7)      In subsection (3D), for “him” there shall be substituted “them”.

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Communications Bill
Schedule 17 — Minor and Consequential Amendments

    489

 

          (8)      In subsection (7) (enforcement by civil proceedings)—

              (a)             after the words “the Crown”, in the first place where they occur

places, there shall be inserted “or by OFCOM,”; and

              (b)             for the words from “In the application” onwards there shall be

substituted—

5

                                          “In the application of this section to Scotland for the words

from ‘civil proceedings’ to ‘appropriate relief’ there shall be

substituted ‘civil proceedings by the Advocate General for

Scotland, or by OFCOM, for an interdict or for any other

appropriate remedy or relief.’”

10

  15      (1)      Section 15 of that Act (powers of entry) shall be amended as follows.

          (2)      In subsection (1), for paragraphs (a) and (b) and the words “, with or without

any constables,” there shall be substituted “any constable or any person or

persons authorised for the purpose by OFCOM or the Secretary of State”.

          (3)      After that subsection there shall be inserted—

15

              “(1A)                Where a person authorised by OFCOM or the Secretary of State is

authorised by a warrant under subsection (1) to enter any premises,

he is to be entitled to exercise that warrant alone or to exercise it

accompanied by one or more constables.”

          (4)      In subsection (2)—

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              (a)             in paragraph (b), for the words from “enable” to “decide” there shall

be substituted “enable OFCOM to decide”;

              (b)             in paragraph (c), for the words from “behalf” to “producing” there

shall be substituted “behalf by OFCOM and producing”;

              (c)             in the words after paragraph (c), for the words from “behalf” to

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“with” there shall be substituted “behalf by OFCOM, with”; and

              (d)             in paragraph (i) of the proviso, for the words from “that”, in the first

place where it occurs, to “satisfied” there shall be substituted “that

OFCOM are satisfied”.

          (5)      In subsection (2A) for “the BBC” there shall be substituted “OFCOM”.

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  16      (1)      Section 16 of that Act (regulations and orders) shall be amended as follows.

          (2)      After subsection (1) there shall be inserted—

              “(1A)                Section 396 of the Communications Act 2003 (procedure for

regulations and orders made by OFCOM) applies to every power of

OFCOM to make regulations under a provision of this Act.”

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          (3)      In subsection (2), for the words from the beginning to “him” there shall be

substituted “Any power conferred on the Secretary of State”.

  17       In section 19 of that Act (interpretation), after subsection (2) there shall be

inserted—

              “(2AA)                In this Act ‘OFCOM’ means the Office of Communications.”

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  18       In Schedule 1 to that Act (procedures in relation to wireless personnel), for

paragraph 3 there shall be substituted—

          “3                  The Secretary of State is to pay—

                      (a)                     the expenses incurred by an advisory committee under

this Schedule, to the extent determined by him; and

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