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Communications Bill


Communications Bill
Schedule 18 — Transitional Provisions

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          (2)      commencement of section 296 of this Act is to continue to have effect

(notwithstanding the substitutions made by that section of this Act)—

              (a)             until the code drawn up by OFCOM under that section comes into

force; but

              (b)             in relation to times on or after the transfer date and before the coming

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into force of OFCOM’s code, as if references in section 104(2) of that

Act and in the code to the ITC were references to OFCOM.

          (3)      If a provision of sections 295 to 297 of this Act comes into force before the

television transfer date, a reference to OFCOM in an amendment made by

that provision is to be construed in relation to times before that date as a

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reference to the ITC.

          (4)      On the date on which section 295 of this Act comes into force, the Secretary

of State shall revise the list maintained for the purposes of Part 4 of the 1996

Act in order to allocate each event which is a listed event on that date either

to Group A or to Group B.

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          (5)      Where—

              (a)             the events listed in the list in force immediately before the Secretary

of State revises it under sub-paragraph (4) are treated, for any of the

purposes of the code in force under section 104 of the 1996 Act at that

time, as divided into two categories, and

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              (b)             the Secretary of State’s revision under that sub-paragraph makes the

same division,

                   section 97(2) of the 1996 Act shall not apply in relation to that revision of that

list.

          (6)      In this paragraph “the transfer date” is the date on which paragraph 13 of

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Schedule 1 comes into force.

Complaints to the Broadcasting Standards Commission

  49      (1)      On and after the transfer to OFCOM under this Act of the functions of the

Broadcasting Standards Commission under Part 5 of the 1996 Act, that Part

is to have effect in relation to a fairness complaint made to, but not disposed

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of by, the Commission before the transfer as if—

              (a)             anything done, or treated as done, by or in relation to the

Commission for the purposes of, or in connection with, that

complaint had been done by or in relation OFCOM; and

              (b)             those functions had been functions of OFCOM at the time when it

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was done.

          (2)      Where immediately before the commencement of section 320 of this Act a

licence to provide a licensed service (within the meaning of Part 5 of the 1996

Act) contains a condition included in that licence by virtue of section 119(7)

of that Act (conditions requiring compliance with BSC directions), that

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condition is to have effect on and after the coming into force of section 320

of this Act as a condition requiring the licence holder to comply with

directions given to him by OFCOM.

          (3)       In this paragraph “fairness complaint” has the same meaning as in Part 5 of

the 1996 Act.

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Communications Bill
Schedule 18 — Transitional Provisions

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Codes of practice drawn up by the Broadcasting Standards Commission

  50       The code of practice drawn up by the Broadcasting Standards Commission

under section 107 of the 1996 Act (code in respect of unjust and unfair

treatment and infringements of privacy) is to have effect on and after the

transfer under this Act to OFCOM of the Commission’s functions under Part

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5 of that Act as if it were the code required to be drawn up under that section

by OFCOM.

Media ownership provisions

  51      (1)      A determination by the ITC or the Radio Authority under paragraph 2(2) of

Part 2 of Schedule 2 to the 1990 Act (exemptions from disqualification for

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religious bodies) which is in force immediately before the relevant transfer

date, is to have effect on and after that date as a determination by OFCOM

under paragraph 2A of that Part of that Schedule.

          (2)      Any guidance issued by the ITC and the Radio Authority under paragraph

2(3) of Part 2 of Schedule 2 to the 1990 Act and in force immediately before

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the commencement of section 340(3) of this Act is to have effect for the

purposes of paragraph 2A of that Part of that Schedule as guidance

published under sub-paragraph (5) of paragraph 2A.

          (3)      The following powers under enactments in force before the relevant transfer

date shall be exercisable by OFCOM at all times on or after that date in

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relation to a pre commencement contravention of a requirement imposed by

or under Parts 3 to 5 of Schedule 2 to the 1990 Act—

              (a)             all the powers and duties of the ITC under section 5 of the 1990 Act

and section 5 of the 1996 Act;

              (b)             all the powers and duties of the Radio Authority under section 88 of

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the 1990 Act and section 44 of the 1996 Act; and

              (c)             all the other powers and duties of the ITC or the Radio Authority in

relation to contraventions of conditions imposed under section 5 or

88 of the 1990 Act or section 5 or 44 of the 1996 Act.

          (4)      For the purpose of determining whether anything occurring after the

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relevant transfer date is a pre-commencement contravention of a

requirement imposed by or under Parts 3 to 5 of Schedule 2 to the 1990 Act,

references in those Parts of that Schedule to the ITC or to the Radio

Authority are to be construed as including references to OFCOM.

          (5)      In this paragraph—

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               “pre-commencement contravention” means a contravention of a

requirement which occurred before the coming into force of the

repeal by this Act of the provision by or under which the

requirement was imposed; and

               “the relevant transfer date”—

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                     (a)                    in relation to the ITC, means the television transfer date; and

                     (b)                    in relation to the Radio Authority, means the radio transfer

date.

TV licences

  52       A television licence granted under the Wireless Telegraphy Act 1949 (c. 54)

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before the coming into force of section 356 of this Act is to have effect after

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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  52       the commencement of that section as a licence for the purposes of that

section.

Functions under the Enterprise Act 2002

  53      (1)      This section has effect in so far as, at any time before the coming into force

of section 363 of this Act, anything has been done or is treated as done by or

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in relation to the Director for the purposes of, or in connection with, the

carrying out of any of his functions under the Enterprise Act 2002 (c. 40).

          (2)      That thing is to have effect on and after that date, and OFCOM may carry out

their functions and continue anything begun by that Director, as if—

              (a)             that thing had been done by or in relation to OFCOM for the

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purposes of, or in connection with, their functions under that Act by

virtue of that section; and

              (b)             the provisions conferring those functions on OFCOM had been in

force at the time it was done.

          (3)      Sub-paragraph (1) does not apply to anything that could not be done by or

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in relation to OFCOM for the purposes of, or in connection with, the carrying

out of their functions under the Enterprise Act 2002.

          (4)      Where, by virtue of sub-paragraph (3), sub-paragraph (1) does not apply to

something, that thing is to have effect instead as if done by or in relation to

the Office of Fair Trading

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Functions under the Competition Act 1998

  54      (1)      This paragraph applies in so far as, at any time before the coming into force

of section 364 of this Act, anything has been done by or in relation to the

Director for the purposes of, or in connection with, the carrying out of any

of his functions under the Competition Act 1998 (c. 41).

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          (2)      That thing is to have effect on and after that date, and OFCOM may carry out

their functions and continue anything begun by that Director, as if—

              (a)             that thing had been done by or in relation to OFCOM for the

purposes of, or in connection with, their functions under that Act by

virtue of that section; and

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              (b)             the provisions conferring those functions on OFCOM had been in

force at the time it was done.

          (3)      Sub-paragraph (1) does not apply to anything that could not be done by or

in relation to OFCOM for the purposes of, or in connection with, the carrying

out of their functions under the Competition Act 1998.

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          (4)      Where, by virtue of sub-paragraph (3), sub-paragraph (1) does not apply to

something, that thing is to have effect instead as if done by or in relation to

the Office of Fair Trading

  55      (1)      Where any regulations made under section 54(4) of the Competition Act

1998 (regulations about concurrent functions of regulators and the Office of

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Fair Trading) are in force at the coming into force of section 364 of this Act,

those regulations—

              (a)             shall, from that time have effect in relation to functions exercisable

concurrently by virtue of section 364 of this Act as they have effect in

relation to functions exercisable concurrently by virtue of Part 2 of

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Schedule 10 to the Competition Act 1998; but

 

 

Communications Bill
Schedule 18 — Transitional Provisions

    553

 

              (b)             shall so have effect subject to any amendments or revocations

coming into force at or after that time.

          (2)      Where, at any time before the coming into force of section 364, anything has

been done by or in relation to the Director under or for the purposes of any

regulations made under section 54(4) of the Competition Act 1998 (c. 41) that

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thing is to have effect, so far as necessary for the purposes of paragraph 54

of this Schedule, as if done by or in relation to OFCOM.

Newspaper mergers

  56      (1)      Chapter 2 of Part 5 and any related repeals shall, subject to sub-paragraph

(2), not apply in relation to—

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              (a)             a transfer of a newspaper or of newspaper assets (within the

meaning given by section 57(2) of the Fair Trading Act 1973 (c. 41))

which has been made before the coming into force of section 366 of

this Act; or

              (b)             a proposed transfer of a newspaper or of newspaper assets in

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relation to which an application for the consent of the Secretary of

State under section 58 of the Act of 1973 has been made before the

coming into force of section 366 of this Act.

          (2)      Chapter 2 of Part 5 and any related repeals shall apply in relation to a

proposed transfer of a newspaper or of newspaper assets if—

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              (a)             an application for the consent of the Secretary of State under section

58 of the Act of 1973 has been made;

              (b)             the application is expressed to depend on the operation of subsection

(3) or (4) of that section;

              (c)             no consent is given by the Secretary of State under subsection (3) or

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(4) of that section; and

              (d)             no further application has been made for the consent of the Secretary

of State under that section before the coming into force of section 366

of this Act.

  57       Chapter 2 of Part 5 and any related repeals shall apply in relation to any

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transfer of a newspaper or of newspaper assets which is proposed (and not

made) before the coming into force of section 366 of this Act and in relation

to which no application has been made for the consent of the Secretary of

State under section 58 of the Act of 1973 before the coming into force of that

section.

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  58      (1)      The Secretary of State may, instead of any or all of the conditions attached to

a consent given by him (or treated as so given) under section 58 of the Fair

Trading Act 1973), accept undertakings under this paragraph to take, or

refrain from taking, action specified or described in the undertakings.

          (2)      If, and so far as, the Secretary of State accepts an undertaking under this

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paragraph instead of a condition, that condition shall cease to have effect.

          (3)      In deciding whether to accept an undertaking under this paragraph, the

Secretary of State may, in particular, consult the Office of Fair Trading and

OFCOM.

          (4)      An undertaking under this paragraph—

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              (a)             shall come into force when accepted;

              (b)             may be varied or superseded by another undertaking; and

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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              (c)             may be released by the Secretary of State.

          (5)      The Secretary of State shall, as soon as reasonably practicable, consider any

representations received by him in relation to varying or releasing an

undertaking under this paragraph.

          (6)      Paragraph 10 of Schedule 7 to the Enterprise Act 2002 (c. 40) (order-making

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power where final undertakings not fulfilled) shall apply in relation to an

undertaking under this paragraph as it applies in relation to an undertaking

under paragraph 9 of that Schedule to that Act but as if—

              (a)             in sub-paragraph (2) the words from “for any” to “66(6)” were

omitted; and

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              (b)             sub-paragraph (3) were omitted.

          (7)      The following provisions of the Enterprise Act 2002 shall apply in relation to

an undertaking under this paragraph or an order made by virtue of sub-

paragraph (6) as they apply in relation to an undertaking under paragraph

9 of Schedule 7 to that Act or (as the case may be) an order under paragraph

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10 of that Schedule to that Act—

              (a)             section 90 and Schedule 10 (procedural requirements for certain

undertakings and orders);

              (b)             section 91 (register of undertakings and orders);

              (c)             section 92 (duty of OFT to monitor undertakings and orders);

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              (d)             section 93 (further role of OFT in relation to undertakings and

orders); and

              (e)             section 94 (rights to enforce undertakings and orders).

          (8)      Section 395 of this Act shall not apply in relation to the power of the

Secretary of State to make an order which is exercisable by virtue of sub-

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paragraph (6) but supplementary provisions of Part 3 of the Enterprise Act

2002 which relate to the making of an order under paragraph 10 of Schedule

7 to that Act shall apply in relation to the making of an order by virtue of

sub-paragraph (6).

Orders in Council under section 6 of the Continental Shelf Act 1964

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  59       If an Order in Council made, or having effect as if made in exercise of a

power conferred by virtue of section 6 of the Continental Shelf Act 1964

(c. 29) is in force immediately before the commencement of section 402 of

this Act in relation to provisions of—

              (a)             the Wireless Telegraphy Act 1949 (c. 54), or

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              (b)             the Wireless Telegraphy Act 1998 (c. 6),

           that Order is to have effect after the commencement of section 402 of this Act

as an Order in Council made in exercise of the powers conferred by that

section of this Act.

Interpretation of Schedule

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  60       In this Schedule—

                    “the 1984 Act” means the Telecommunications Act 1984 (c. 12);

                    “the abolition of licensing” means the coming into force of the repeal by

this Act of section 7 of the 1984 Act;

                    “the Director” means the Director General of Telecommunications;

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                    “the ITC” means the Independent Television Commission.

 

 

 
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