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Session 2002 - 03
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Other Bills before Parliament

Communications Bill


Communications Bill
Schedule 17 — Minor and Consequential Amendments

    522

 

                              grant of such access, by way of renewal of a previous licence or

grant.”

Finance Act 1998

  152      In section 118(1) of the Finance Act 1998 (c. 36) (claims for income tax

purposes), for “a telecommunication system (within the meaning of the

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Telecommunications Act 1984)” there shall be substituted “an electronic

communications service”.

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.

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          (2)      In paragraph 2(1)(d), for sub-paragraph (iii) there shall be substituted—

                      “(iii)                        section 191(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 190 of the Communications Act 2003.”

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  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     (1)      Schedule 6 to the Regional Development Agencies Act 1998 (c. 45) (land

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acquired by regional development agencies) shall be amended as follows.

          (2)      In paragraphs 1, 2, 8, 9 and 11—

              (a)             for “the telecommunications code”, wherever occurring, there shall

be substituted “the electronic communications code”;

              (b)             for “a telecommunications code system” and “any

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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”;

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              (d)             for “such system” and “the system”, wherever occurring, there shall

be substituted, respectively, “such network” and “the network”.

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

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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.

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          (2)      In subsection (2)(c), for sub-paragraph (iv) there shall be substituted—

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

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                           “(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

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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

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  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

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Corporation;”;

              (b)             after the definition of “prescribed” there shall be inserted—

                                                   “‘television licence’ means a licence for the purposes of

section 356 of the Communications Act 2003;”.

Finance Act 2000

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  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”.

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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

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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

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  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”.

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          (3)      In paragraph 3 of Schedule 7 (disclosure of information)—

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

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              (a)             in sub-paragraph (2), for paragraph (f) there shall be substituted—

                             “(f)                               the Office of Communications,”;

              (b)             in sub-paragraph (3), after paragraph (gh) there shall be inserted—

                             “(gi)                               the Communications Act 2003,”.

Utilities Act 2000

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  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—

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                    “(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 15 of the

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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

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(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.”

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          (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

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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—

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                             “(qa)                               the Broadcasting Act 1996;”;

              (b)             after paragraph (ra) there shall be inserted—

                             “(rb)                               the Communications Act 2003;”.

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

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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”

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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,

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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

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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)

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(offences leading to penalties on the spot), after the entry relating to section

12 of that Act there shall be inserted—

 

“Section 124(2) of the

Using public electronic

 
 

Communications Act 2003

communications network in

 
  

order to cause annoyance,

 

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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

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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

35

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);

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Communications Bill
Schedule 17 — Minor and Consequential Amendments

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              (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 —

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                      (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,

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                                             are at least sufficient to cover 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

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which—

                      (a)                     is not the Content Board, but

                      (b)                     has functions that are confined to functions falling within

section 12(2) of the Communications Act 2003 (functions

within the Content Board’s remit),

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                                             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)

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(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 208(1) of the Communications

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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

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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 242(1) of the Communications Act 2003

(independent radio services regulated by the Office of

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Communications), but

                    (b)                   is not a digital additional sound service (within the meaning

of Part 3 of that Act).”

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

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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

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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

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references)—

              (a)             in subsection (7), after paragraph (g) there shall be inserted—

                           “(h)                             in relation to the Office of Communications, sections

363 and 364 of the Communications Act 2003.”;

              (b)             in subsection (8), for “or the Civil Aviation Authority” there shall be

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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 285 of the Communications

20

Act 2003”;

              (b)             for subsection (4)(e), there shall be substituted—

                           “(e)                             in relation to any networking arrangements (within

the meaning given by section 285 of the

Communications Act 2003), the duty of the Office of

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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;”.

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          (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—

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                                      “Communications Act 2003.”

Income Tax (Earnings and Pensions) Act 2003

  175     (1)               The Income Tax (Earnings and Pensions) Act 2003 (c. 00) shall be amended

as follows.

          (2)               In section 319(3) (mobile telephones), in the definition of “telephone

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apparatus”, for “connected to a public telecommunication system (as

defined in section 9(1) of the Telecommunications Act 1984 (c. 12))” there

shall be substituted “used in connection with a public electronic

communications service”.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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          (3)               In section 320(7)(c)(ii) (limited exemption for computer equipment), for “any

public telecommunication system, and” there shall be substituted “a public

electronic communications service.”

Schedule 18

Section 399

 

Transitional Provisions

5

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;

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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,

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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 396 applies

when it is made by OFCOM, shall so have effect as if made in

accordance with the requirements of that section.

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          (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

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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.

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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,

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                   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

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              (b)             transferred to OFCOM.

          (3)      For the purposes of sub-paragraph (2) it is immaterial—

 

 

 
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