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Communications Bill


Communications Bill
Schedule 18 — Transitional Provisions

    536

 

          (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

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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

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  13      (1)      This paragraph has effect where a general condition set under section 42 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.

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          (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.

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          (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

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  14      (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 55 of this Act.

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          (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 58

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

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purposes of the licence conditions is a communications provider.

          (4)      The power by virtue of section 55 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

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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.

 

 

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Schedule 18 — Transitional Provisions

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Electronic communications code

  15      (1)      Sub-paragraph (2) applies where, immediately before the coming into force

of section 103 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.

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          (2)      That person shall be treated after the commencement of section 103 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—

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              (a)             was included immediately before the commencement of section 103

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.

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          (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

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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 103(3)(b) of this

Act.

          (5)      A right which for the purposes of the code in Schedule 2 to the 1984 Act has

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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.

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          (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

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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

  16      (1)      This paragraph applies where, immediately before the abolition of licensing,

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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

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securing that sufficient funds are available to meet code-related

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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              (b)             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

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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

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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 (6), as if the following references continued to have effect—

              (a)             references in those arrangements to the code-related liabilities

specified in the licence; and

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              (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

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expiration without renewal, of the operator’s licence were references

to the giving of a direction under this Act by virtue of which the

operator is prohibited from providing the whole or a part of his

network; and

              (b)             as if references to the telecommunications code were references to

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the electronic communications code.

          (6)                        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.

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          (7)                        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

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with running the operator’s system.

          (8)                        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

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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 15(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

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licensing).

Compulsory purchase

  17       Where—

 

 

Communications Bill
Schedule 18 — Transitional Provisions

    539

 

              (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

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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

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  18      (1)      This paragraph applies to procedures set out in a notice given by the

Secretary of State under section 1D of the Wireless Telegraphy Act 1949

(c. 54) and in force immediately before the commencement of sub-paragraph

(4) of paragraph 8 of Schedule 17 to this Act.

          (2)      In relation to times after the commencement of that sub-paragraph, the

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procedures are to have effect as if prescribed by OFCOM by regulations

under section 1D(3) of the Wireless Telegraphy Act 1949.

          (3)      So much of any notice having effect in accordance with this paragraph as

authorises or requires anything to be done by or in relation to the Secretary

of State is to have effect in relation to times after the commencement of

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paragraph 8 of Schedule 17 to this Act as if it authorised or required that

thing to be done by or in relation to OFCOM.

Notices under regulations under section 3 of the Wireless Telegraphy Act 1998

  19      (1)      This paragraph applies to procedures set out in a notice issued by the

Secretary of State under regulations under section 3 of the Wireless

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Telegraphy Act 1998 (c. 6) and in force immediately before the

commencement of section 164 of this Act.

          (2)      In relation to times after the commencement of section 164 of this Act, the

procedures are to have effect as if prescribed by OFCOM by regulations

under section 3 of that Act.

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          (3)      So much of any notice having effect in accordance with this paragraph as

authorises or requires anything to be done by or in relation to the Secretary

of State is to have effect in relation to times after the commencement of

section 164 of this Act as if it authorised or required that thing to be done by

or in relation to OFCOM.

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Disputes referred to the Director

  20      (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

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              (b)             that dispute has not been resolved when the revocation comes into

force,

                   Chapter 3 of Part 2 of this Act (except sections 186 and 187) is to have effect

as if that dispute were a dispute which, immediately after the

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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                   commencement of section 182 of this Act, was referred to OFCOM under

that section.

          (2)                        Where OFCOM make a determination for resolving a dispute falling to be

resolved in accordance with sub-paragraph (1)—

              (a)             their powers on making that determination are to be those which

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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

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applied to directions given by OFCOM by virtue of paragraph (a);

and

              (c)             paragraph 9 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

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virtue of paragraph (a) of this sub-paragraph.

          (3)      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 11 of this Schedule to the extent

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that it is continued in force under this paragraph.

          (4)      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.

          (5)      OFCOM are to give such a notice only if they consider, having regard to the

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terms of the direction and the provisions of Part 2 of this Act, that it is

appropriate to do so.

          (6)      OFCOM may at any time by notice to the person to whom it applies revoke

a direction that has effect in accordance with a notice under sub-paragraph

(4).

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          (7)               Section 189 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.

Appeals against wireless telegraphy and telecommunications decisions

  21      (1)      This paragraph applies where—

              (a)             a decision was made before the commencement of section 189;

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              (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—

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                    (i)                   section 1F of the Wireless Telegraphy Act 1949 (c. 54); or

                    (ii)                  section 46B of the 1984 Act.

          (2)               If no such appeal has been brought before the commencement of section 189

of this Act, that section applies to the decision as it applies to decisions by

OFCOM under Part 2 of this Act (or that Act of 1949), but as if that section

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had been in force when the decision was made.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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          (3)               If an appeal under section 1F of that Act of 1949 or section 46B of the 1984

Act—

              (a)             has been brought against the decision, but

              (b)             has not been concluded before the commencement of section 189 of

this Act,

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                   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 189 against the decision as if

(subject to sub-paragraph (7)) it were a decision to which that section applies

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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

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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

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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 192 of this Act to determine an appeal under

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section 189; 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.

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          (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

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  22      (1)      Subject to sub-paragraph (2), provisions of Schedule 17 to this Act amending

section 94 of the 1984 Act do not affect—

              (a)             the continuation, after the coming into force of the amendment, of

any duty of a person previously given a direction under that section

to give effect to it; or

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              (b)             the power of the Secretary of State after the amendment comes into

force to make grants under subsection (6) of that section to such a

person.

          (2)      A direction under that section which was given to the Director before the

relevant transfer date shall have effect in relation to times on and after that

45

date as if it were a direction to OFCOM.

 

 

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Schedule 18 — Transitional Provisions

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          (3)      In sub-paragraph (2) “the relevant transfer date” means the date of the

coming into force of the provisions of Schedule 17 to this Act substituting

“OFCOM” for “the Director” in section 94(8) of the 1984 Act.

Competition Commission: specialist panel members

  23       The persons who—

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              (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 191 comes

into force,

           shall continue to hold office as members of the Competition Commission as

10

if they had been appointed to that office by the Secretary of State under

section 191(1).

Activities of the Welsh Authority

  24      (1)      No approval shall be required under section 202 for the continued provision

after the commencement of that section of any service that was being

15

provided by the Welsh Authority immediately before the commencement of

that section.

          (2)      Where any activities are being carried on immediately before the

commencement of section 203 by the Welsh Authority, no approval is

required under that section in respect of the continued carrying on of the

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activities by the Authority.

          (3)      Where any activities are being carried on immediately before the

commencement of section 203 by an S4C company, no approval is required

under that section in respect of the carrying on after that commencement by

that company or another S4C company of those activities.

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Gaelic Broadcasting

  25       The persons who are members of Comataidh Craolaidh Gaidhlig

immediately before the date on which section 205 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

30

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

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              (d)             after the end of that period, shall be eligible for re-appointment as

members of Seirbheis nam Meadhanan Gàidhlig.

  26      (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

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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

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