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Session 2002 - 03
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Communications Bill


Communications Bill
Schedule 18 — Transitional Provisions

    543

 

              (b)             the reference to the application of section 28 of the 1996 Act to a

frequency were omitted.

Pre-transfer Broadcasting Act licences

  27      (1)      Subject to any express provision made by this Act in relation to a particular

description of Broadcasting Act licence, neither—

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              (a)             the transfer from a pre-commencement regulator to OFCOM of the

function of granting or awarding such licences or of any other power

exercisable in relation to such licences, nor

              (b)             any other modification by or by virtue of this Act of the power to

grant or award such licences or of a provision having effect in

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relation to such licences,

                   shall affect the continuing validity of a licence by or under which the

provision of a service is authorised immediately before the coming into force

of the transfer or modification.

          (2)      Accordingly, such a licence shall continue to have effect, after the coming

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into force of the transfer or modification—

              (a)             on the same terms and conditions and for the same period as it

would have done if this Act had not been passed; but

              (b)             as if, in relation to times after the coming into force of any relevant

transfer of functions to OFCOM, every reference in the licence to a

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pre-commencement regulator were a reference to OFCOM.

          (3)      Sub-paragraph (2) is subject to the following provisions of this Act—

              (a)             those under which a licence is to have effect as if the period for which

it is granted were the period determined under this Act; and

              (b)             those under which the conditions of a licence fall to be varied for the

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purpose of imposing a condition required by this Act.

          (4)      Anything done at any time before the relevant transfer date under or for the

purposes of enforcing any provision of a Broadcasting Act licence is to have

effect in relation to times on or after that date—

              (a)             to the extent that it was done by or in relation to the ITC or Radio

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Authority, and

              (b)             so far as necessary for preserving its effect or for facilitating the

taking of further action by OFCOM,

                   as a thing done by or in relation to OFCOM.

          (5)      In sub-paragraph (4) “relevant transfer date”—

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              (a)             in relation to licences under Part 1 of the 1990 Act or Part 1 of the 1996

Act, means the television transfer date; and

              (b)             in relation to licences under Part 3 of the 1990 Act or Part 2 of the 1996

Act, means the radio transfer date.

Channels 3 and 5

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  28       A determination made by the ITC under or for the purposes of section 14 or

28 of the 1990 Act (Channels 3 and 5) is to have effect on and after the

television transfer date as a determination under that section by OFCOM.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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Saving pending replacement of licences for Channels 3 and 5 and the public teletext service

  29      (1)      The regulatory regime for a Channel 3 service, and that for Channel 5 and

the existing teletext service, shall not include the self-regulation conditions

in any case in which the service or (as the case may be) Channel 5 is provided

under a licence granted before the television transfer date.

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          (2)      In sub-paragraph (1) “the self-regulation conditions” means the conditions

which (apart from that sub-paragraph) are included by virtue of sections 261

to 265 of this Act in the regulatory regime for Channel 3 services, for Channel

5 and for the public teletext service.

          (3)      In relation to a licence granted before the television transfer date for a

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Channel 3 service, Channel 5 or the existing teletext service, section 259 shall

have effect as if the reference in subsection (3)(a) of that section to a

corresponding or additional service to be provided in analogue form were a

reference to a corresponding or additional service to be provided in digital

form.

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          (4)      In this paragraph “the existing teletext service” means the existing service

within the meaning of section 218 of this Act.

Digital additional licences

  30      (1)      This paragraph applies where immediately before the coming into force of

section 239 of this Act a person holds a digital additional services licence

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under Part 1 of the 1996 Act in respect of a digital sound programme service

and with a view to the inclusion of the broadcasting of that service by means

of a television multiplex service licensed under Part 1 of the 1996 Act.

          (2)      The licence is to have effect on and after the coming into force of section 239

of this Act as if it were a national digital sound programme licence or (as the

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case may be) were comprised in any national digital sound programme

licence already held by the licence holder for the service in question.

          (3)      Where a licence has effect in accordance with this paragraph, it shall not (to

the extent that it so has effect) authorise the broadcasting of the digital sound

programme service in question by means of a radio multiplex service.

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          (4)      In this paragraph—

               “digital additional services licence” has the same meaning as in Part 1

of the 1996 Act; and

               “national digital sound programme licence” has the same meaning as

in Part 2 of that Act.

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Programme quotas

  31       Any order which—

              (a)             was made under section 16(5)(a) of the 1990 Act (definitions of

“qualifying programmes” and “independent productions”), and

              (b)             is in force immediately before the commencement of sections 273 and

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303 of this Act and paragraphs 1 and 7 of Schedule 12 to this Act,

           is to have effect in relation to times after the commencement of those sections

and those paragraphs as an order made in exercise of the corresponding

powers conferred by those sections and those paragraphs.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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Nomination of persons eligible for appointment as news providers

  32       A nomination by the ITC which is in force immediately before the television

transfer date for the purposes of section 31(2) of the 1990 Act is to have effect

on and after that date (but so far only as is necessary for the purposes of

provision made by virtue of section 276 of this Act) as a nomination by

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OFCOM for the purposes of that section of this Act.

Networking arrangements

  33      (1)      Where arrangements approved for the purposes of section 39 of the 1990 Act

(networking arrangements) are in force immediately before the

commencement of section 286 of this Act, those arrangements are to have

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effect for the purposes of this Act, and of any conditions imposed under that

section of this Act, as approved networking arrangements.

          (2)      For the purposes of proceedings in relation to a report under Schedule 4 to

the 1990 Act at any time after the commencement of Schedule 11 to this Act,

that report is to have effect as if it were a report under that Schedule to this

15

Act.

Determination of qualifying revenue

  34      (1)      A statement of the ITC that is for the time being in force immediately before

the television transfer date for the purposes of—

              (a)             Schedule 7 to the 1990 Act (statement of principles for determining

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qualifying revenue), or

              (b)             Schedule 1 to the 1996 Act (corresponding statement for the

purposes of that Act,

                   is to have effect on and after that date as a statement by OFCOM.

          (2)      On and after the television transfer date a determination by the ITC under

25

paragraph 2 of Part 1 of either of those Schedules is to have effect as a

determination under that paragraph by OFCOM, and sub-paragraph (2) of

that paragraph is to have effect accordingly.

Rules for political broadcasts

  35       Where—

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              (a)             rules made by the ITC for the purposes of section 36 of the 1990 Act

(party political broadcasts on Channel 3, Channel 4 or Channel 5), or

              (b)             rules made by the Radio Authority for the purposes of section 107 of

the 1990 Act (party political broadcasts on national radio services),

           are in force immediately before the commencement of section 326 of this Act,

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those rules are to have effect after its commencement as rules made by

OFCOM for the purposes of that section of this Act.

Functions under section 88 of the 1990 Act

  36       A requirement imposed or notice given before the radio transfer date by the

Radio Authority under section 88 of the 1990 Act (restriction on holding of

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licences) is to have effect on and after that date as if it were imposed or given

by OFCOM.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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Notices under section 94 of the 1990 Act

  37       A notice given by the Secretary of State or any other Minister of the Crown

under section 94 of the 1990 Act (government control over licensed services)

is to have effect on and after the radio transfer date as a notice given to

OFCOM under section 329 of this Act.

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Programme standards: television

  38      (1)      This paragraph applies as respects times on or after the television transfer

date and before the first coming into force, in the case of the holder of a

licence under Part 1 of the 1990 Act or Part 1 of the 1996 Act, of conditions

imposed under section 318 of this Act.

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          (2)      Sections 6 to 12 of the 1990 Act (general provisions about the content of

licensed services) are to have effect in the case of that licence holder as if

references in those sections to the ITC were references to OFCOM.

          (3)      A code drawn up by the ITC under section 6, 7 or 9 of the 1990 Act is to have

effect as if it had been drawn up by OFCOM.

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Programme standards: radio

  39      (1)      This paragraph applies as respects times on or after the radio transfer date

and before the first coming into force, in the case of the holder of a licence

under Part 3 of the 1990 Act or Part 2 of the 1996 Act, of conditions imposed

under section 318 of this Act.

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          (2)      Sections 90 to 96 of the 1990 Act (general provisions about the content of

licensed services) are to have effect as if references in those sections to the

Radio Authority were references to OFCOM.

          (3)      A code drawn up by the Radio Authority under section 90, 91 or 93 of the

1990 Act is to have effect as if it had been drawn up by OFCOM.

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Standards code

  40      (1)      In relation to any time after the commencement of section 312 of this Act, a

code in force immediately before its commencement as a code drawn up

under section 6, 7, 9, 90, 91 or 93 of the 1990 Act or section 108 of the 1996 Act

is to have effect (subject to sub-paragraphs (2) and (3)) as if it were a code

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issued by OFCOM for the purpose of setting standards under section 312 of

this Act.

          (2)      A code under the 1990 Act shall have effect by virtue of sub-paragraph (1) in

relation only to the following—

              (a)             in the case of the codes under sections 6, 7 and 9, services the

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provision of which is authorised by licences under Part 1 of the 1990

Act and S4C, and

              (b)             in the case of the codes under sections 90, 91 and 93, services the

provision of which is authorised by licences under Part 3 of that Act.

          (3)      In the case of the code under section 108 of the 1996 Act, the code shall have

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effect by virtue of sub-paragraph (1)—

              (a)             in relation only to services provided by the BBC or the Welsh

Authority; and

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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              (b)             to the extent only that it contains provision that applies to those

services and, in the case of services provided by the Welsh Authority,

relates to matters other than advertising and impartiality.

Local and national radio licences

  41      (1)      Section 103 of the 1990 Act (restriction on changes of control affecting

5

holders of national licences) is to apply in relation to a pre-transfer national

licence as it applies in relation to a national licence within the meaning of

Part 3 of the 1990 Act.

          (2)      Anything done by or in relation to the Radio Authority under any of sections

98 to 102 or 103A of the 1990 Act, so far as it has been done—

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              (a)             before the radio transfer date, and

              (b)             for the purposes of, or in connection with, the grant or renewal of a

pre-transfer national licence,

                   is to have effect for the purposes of, and in connection with, the grant or

renewal of a licence at times on or after that date as if done by or in relation

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to OFCOM in connection with or for the purposes of the grant or renewal of

national licence (within the meaning of Part 3 of that Act).

          (3)      Anything done by or in relation to the Radio Authority under any of sections

104 to 105 of the 1990 Act, so far as it has been done—

              (a)             before the radio transfer date, and

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              (b)             for the purposes of, or in connection with, the grant or renewal of a

pre-transfer local licence,

                   is to have effect for the purposes of, and in connection with, the grant or

renewal of a licence at times on or after that date as if done by or in relation

to OFCOM in connection with, or for the purposes of, the grant or renewal

25

of local licence (within the meaning of Part 3 of that Act).

          (4)      In this paragraph “pre-transfer local licence” and “pre-transfer national

licence each has the same meaning as in section 250 of this Act.

Section 111B of the 1990 Act

  42      (1)      Section 111B of the 1990 Act (power to suspend satellite services) is to have

30

effect in relation to a licence to provide a formerly regulated radio service

(within the meaning of section 248) as it applies in relation to a licence to

provide a radio licensable content service, but as if the reference in

subsection (1)(b) of that section to a condition included in the licence in

pursuance of the provisions there mentioned included a reference to a

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condition included in the licence in pursuance of section 90(1)(a) of that Act.

          (2)      In relation to any time falling—

              (a)             on or after the radio transfer date, and

              (b)             before the first coming into force, in the case of the holder of a licence

under Part 3 of the 1990 Act or Part 2 of the 1996 Act, of conditions

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imposed under section 318 of this Act,

                   section 111B of the 1990 Act is to have effect in relation to a licence to provide

a radio licensable content service as if the reference in subsection (1)(b) of

section 111B of that Act to a condition included in the licence in pursuance

of the provisions there mentioned were a reference to a condition included

45

in the licence in pursuance of section 90(1)(a) of that Act.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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Section 185 of the 1990 Act

  43      (1)      A determination or nomination made for the purposes of section 185 of the

1990 Act (the national television archive) by the ITC is to have effect on and

after the television transfer date as a determination or nomination made by

OFCOM.

5

          (2)      Sub-paragraph (1) applies in the case of a determination so far only as it

relates to a financial year beginning on or after the television transfer date.

Section 28 of the 1996 Act

  44      (1)      The repeal by this Act of section 28 of the 1996 Act does not affect any power

to vary a licence under Part 1 of the 1990 Act which is—

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              (a)             conferred on the ITC by an order under that section; and

              (b)             transferred to OFCOM by this Act.

          (2)      Nor does it affect so much of any order under that section in force

immediately before the repeal as—

              (a)             modifies section 16 of the 1996 Act in its application in relation to the

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renewal of a licence first granted before the television transfer date;

or

              (b)             imposes a prohibition on the use of digital capacity reserved before

that date;

                   but so much of any such prohibition as requires the consent of the ITC for

20

the use of any digital capacity shall have effect after the television transfer

date as if the consent required were OFCOM’s consent.

          (3)      Sub-paragraph (1) only saves the power so far as it is exercisable in relation

to a licence granted before the television transfer date.

Section 48 of the 1996 Act

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  45       Subsections (4) to (6) of section 48 of the 1996 Act (reservations of capacity

for national radio multiplex licences to independent national broadcasters)

are to apply in relation to conditions included in pursuance of that section in

licences granted before the radio transfer date as they apply in relation to

conditions included in licences by virtue of the amendments of that section

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made by this Act.

Applications for extension of pre-transfer licences

  46      (1)               Section 250(4)(a) does not prevent the determination by OFCOM of a day

falling less than one year after the making of the determination where—

              (a)             OFCOM consider that the day by which they would need to publish

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a notice is a day which is not more than 15 months after the

commencement date; and

              (b)             the determination of that day is made as soon as practicable after the

commencement date.

          (2)               Where the day determined by OFCOM for the purposes of paragraph (b) of

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section 250(3) is a day in the period of three months beginning with the day

after the determination, that paragraph shall have effect as if for the words

“three months before” there were substituted “on”.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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          (3)               In this paragraph, the “commencement date” is the date on which section

250 comes into force.

Applications for renewal of licences under 1990 Act and 1996 Act

  47      (1)                        A provision set out in sub-paragraph (2) does not prevent the determination

by OFCOM of a date falling less than one year after the making of the

5

determination where—

              (a)             OFCOM consider that the relevant date for the purposes of the

section in question is a date which is not more than 15 months after

the commencement date; and

              (b)             the determination of the relevant date is made as soon as practicable

10

after the commencement date.

          (2)                        Those provisions are—

              (a)             section 53(12) of the 1990 Act;

              (b)             section 103A(12) of the 1990 Act;

              (c)             section 104A(14) of the 1990 Act;

15

              (d)             section 16(12A) of the 1996 Act;

              (e)             section 58(12A) of the 1996 Act.

          (3)                        An application which is made before the commencement date in accordance

with a provision set out in sub-paragraph (5) shall be treated after that date

as if it had been made in accordance with that provision as amended by this

20

Act.

          (4)                        Where, in a case where a provision set out in sub-paragraph (5) applies, the

relevant date for the purposes of the section in question is a date in the

period of three months beginning with—

              (a)             the commencement date, or

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              (b)             the day after the day on which the relevant date is determined,

                   that provision shall have effect as if the words “the day falling three months

before” were omitted.

          (5)                        Those provisions are—

              (a)             section 53(2) of the 1990 Act;

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              (b)             section 103A(2) of the 1990 Act;

              (c)             section 104A(3) of the 1990 Act;

              (d)             section 16(3) of the 1996 Act;

              (e)             section 58(3) of the 1996 Act.

          (6)                        In this paragraph, the “commencement date”, in relation to any provision set

35

out in sub-paragraph (2) or (5) is the date on which the provision of Schedule

15 inserting or amending that provision comes into force.

Listed events rules

  48      (1)      Subject to sub-paragraph (2), Part 4 of the 1996 Act (sporting and other

events of national interest) is to have effect in relation to times on or after the

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television transfer date as if anything done before that date by or in relation

to the ITC had been done by or in relation to OFCOM.

          (2)      The code drawn up by the ITC under section 104 of the 1996 Act (code of

guidance as to the operation of Part 4) and in force immediately before the

 

 

 
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