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Communications Bill


Communications Bill
Part 6 — Miscellaneous and Supplemental

    348

 

           (b)           in relation to a programme service, are references to the opportunity of

viewing in an intelligible form the programmes included in the service

or (as the case may be) of listening to them in such a form.

     (5)    For the purposes of this Act persons are consumers in a market for a service,

facility or apparatus, if they are—

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           (a)           persons to whom the service, facility or apparatus is provided, made

available or supplied (whether in their personal capacity or for the

purposes of, or in connection with, their businesses);

           (b)           persons for whose benefit the service, facility or apparatus is provided,

made available or supplied or for whose benefit persons falling within

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paragraph (a) arrange for it to be provided, made available or supplied;

           (c)           persons whom the person providing the service or making the facility

available, or the supplier of the apparatus, is seeking to make into

persons falling within paragraph (a) or (b); or

           (d)           persons who wish to become persons falling within paragraph (a) or (b)

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or who are likely to seek to become persons falling within one or both

of those paragraphs.

     (6)    References in this Act to services in relation to which OFCOM have functions

include references to any services in relation to which OFCOM are required to

set standards under section 312.

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     (7)    In this Act references, in relation to a time or a period, to the holder of a

Broadcasting Act licence or of a particular description of such licence are

references to the person who held that licence at that time or (as the case may

be) to every person who held that licence for the whole or a part of that period.

     (8)    For the purposes of this Act the fact that a service is not in an intelligible form

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shall be disregarded, except where express provision is made to the contrary,

in determining whether it has been provided—

           (a)           for general reception;

           (b)           for reception by particular persons; or

           (c)           for reception at a particular place or in a particular area.

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     (9)    For the purposes of this Act something is not to be regarded as in an intelligible

form if it cannot readily be understood without being decrypted or having

some comparable process applied to it.

 399   Minor and consequential amendments, transitionals and repeals

     (1)    Schedule 17 (which provides for minor and consequential amendments in

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connection with the other provision made by this Act) shall have effect.

     (2)    The Secretary of State may by order make such consequential modifications of

any enactment as—

           (a)           correspond to amendments of any other enactment that are made by

Schedule 17; and

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           (b)           appear to him to be appropriate in consequence of that provision of this

Act.

     (3)    The Secretary of State may by order make any provision that he thinks fit for

substituting a reference in any enactment or subordinate legislation to

something defined for the purposes of this Act, or of any provisions contained

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in this Act, for a reference to something equivalent or similar that was defined

 

 

Communications Bill
Part 6 — Miscellaneous and Supplemental

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for the purposes of the Telecommunications Act 1984 (c. 12), or of provisions

contained in that Act.

     (4)    The Secretary of State may by order make such further consequential

modifications of—

           (a)                         an enactment extending only to Scotland,

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           (b)                         an enactment extending only to Northern Ireland,

           (c)                         a local enactment, or

           (d)                         the provision of any subordinate legislation,

            as appear to him to be appropriate in consequence of any provision of this Act.

     (5)    If it appears to the Secretary of State that a local enactment contains a provision

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which corresponds to a provision the effect of which is modified by an

amendment in Schedule 17 of this Act of a listed provision, it shall be his duty

to exercise his powers under this section to secure that a modification

corresponding to that effected by that amendment is made to the local

enactment.

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     (6)    Schedule 18 (which contains transitional provisions in connection with the

other provision made by this Act) shall have effect.

     (7)    Subject to the provisions of Schedule 18 and to the savings and commencement

provisions set out in the notes to Schedule 19, the enactments and instruments

specified in Schedule 19 (which include provisions that are spent or have

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ceased to be of any practical utility) are hereby repealed or revoked to the

extent specified in the second column of that Schedule.

     (8)    In this section “local enactment” means—

           (a)           a local or personal Act;

           (b)           a public general Act relating only to London;

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           (c)           an order or scheme made under an Act which has been confirmed by

Parliament or brought into operation in accordance with special

Parliamentary procedure;

           (d)           an enactment in a public general Act but amending a local enactment.

     (9)    In subsection (5) “listed provision” means the provisions of the following

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enactments—

           (a)           sections 11 and 14 of the London Overground Wires, etc. Act 1933

(c. xliv);

           (b)           section 7(6) of the London County Council (General Powers) Act 1949

(c. lv);

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           (c)           section 17(2) of the Lough Neagh and Lower Bann Drainage and

Navigation Act (Northern Ireland) 1955 (c. 15 (N.I.));

           (d)           section 17(4)(a) of the London County Council (General Powers) Act

1963 (c. xvii);

           (e)           section 7(6) of the Greater London Council (General Powers) Act 1969

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(c. lii);

           (f)           section 20(1)(a) of the Thames Barrier and Flood Prevention Act 1972

(c. xlv);

           (g)           section 32 of and paragraph 3(2)(b) of Schedule 2 and Part 10 of

Schedule 7 to the Channel Tunnel Act 1987 (c. 53);

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           (h)           section 25(1) of the Norfolk and Suffolk Broads Act 1988 (c. 4);

           (i)           section 5 of the London Local Authorities (No. 2) Act 1990 (c. xxx);

 

 

Communications Bill
Part 6 — Miscellaneous and Supplemental

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           (j)           paragraphs 1(c) and 16 of Schedule 2, paragraph 3(2)(c) of Schedule 4

and paragraph 21 of Schedule 7 to the Cardiff Bay Barrage Act 1993

(c. 42);

           (k)           section 3(1) of the British Waterways Act 1995 (c. i);

           (l)           paragraphs 6(4) and 15(4) of Schedule 6 and Part 4 of Schedule 15 to the

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Channel Tunnel Rail Link Act 1996 (c. 61).

     (10)   This section has effect subject to section 401.

 400   Pre-consolidation amendments

     (1)    The Secretary of State may by order make such modifications of—

           (a)           the enactments relating to the management of the radio spectrum,

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           (b)           the enactments relating to broadcasting, and

           (c)                         enactments referring to enactments falling within paragraph (a) or (b),

            as in his opinion facilitate, or are otherwise desirable in connection with, the

consolidation of those enactments or any of them.

     (2)    No order is to be made under this section unless a Bill for repealing and re-

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enacting—

           (a)           the enactments modified by the order, or

           (b)           enactments relating to matters connected with the matters to which

enactments modified by the order relate,

             has been presented to either House of Parliament.

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     (3)    An order under this section is not to come into force until immediately before

the commencement of the Act resulting from that Bill.

     (4)    No order is to be made containing provision authorised by this section unless

a draft of the order has been laid before Parliament and approved by a

resolution of each House.

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     (5)    In this section “the enactments relating to broadcasting” means—

           (a)           the 1990 Act;

           (b)           the 1996 Act;

           (c)           Part 3 of this Act; and

           (d)           the other provisions of this Act so far as relating to the 1990 Act, the

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1996 Act or that Part.

 401   Transitional provision for anticipatory carrying out of functions

     (1)    This section applies where an order under section 403 bringing into force—

           (a)           a provision of Part 1, 2 or 6, or

           (b)           a provision of Chapter 1 of Part 5,

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            states that that provision is brought into force at a particular time for the

purpose only of enabling specified networks and services functions, or

specified spectrum functions, to be carried out during the transitional period

by the Director General of Telecommunications or the Secretary of State.

     (2)    In relation to times falling in the transitional period, that provision is to have

40

effect as if—

           (a)           references in that provision to OFCOM, and

           (b)           references to OFCOM inserted by that provision in any other

enactment,

 

 

Communications Bill
Part 6 — Miscellaneous and Supplemental

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            were references, in accordance with subsection (3), to the Director General of

Telecommunications or to the Secretary of State.

     (3)    The references have effect—

           (a)           as references to the Director General of Telecommunications to the

extent that the provision is brought into force for the purpose of

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enabling specified networks and services functions to be carried out;

and

           (b)           as references to the Secretary of State, to the extent that the provision is

brought into force for the purpose of enabling specified spectrum

functions to be carried out.

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     (4)    An order bringing a provision into force as mentioned in subsection (1) may

include provision specifying the extent to which it is to be taken, for the

purposes of subsection (3), to have been brought into force for the purpose of

enabling particular functions to be carried out.

     (5)    In relation to times after the end of the transitional period for a provision which

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has been brought into force for enabling specified functions to be carried out

by the Director General of Telecommunications or the Secretary of State,

anything which—

           (a)           was done, during that period, by or in relation to that Director or the

Secretary of State, and

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           (b)           was so done for the purposes of, or in connection with, the carrying out

of those functions,

            is to have effect as if had been done by or in relation to OFCOM.

     (6)    In this section “the transitional period”, in relation to a provision brought into

force as mentioned in subsection (1) by an order under section 403, means the

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period which—

           (a)           begins with the time when it is so brought into force; and

           (b)           ends with the time from which that order, or a subsequent order under

that section, brings the provision into force for the purpose of

conferring on OFCOM the functions in question.

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     (7)    In this section “networks and services functions” means any of the following

functions of OFCOM under this Act—

           (a)           their functions under sections 21 and 22;

           (b)           their functions under Chapter 1 of Part 2;

           (c)           their functions under Chapter 3 of Part 2, except to the extent that those

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functions relate to—

                  (i)                 disputes relating to rights or obligations conferred or imposed

by or under the enactments relating to the management of the

radio spectrum; or

                  (ii)                decisions made under those enactments;

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           (d)           their functions under Chapter 1 of Part 5, except to the extent that those

functions relate to broadcasting or related matters;

           (e)           their functions under Schedule 18 to this Act in relation to the abolition

of licensing (within the meaning of that Schedule).

     (8)    In this section “spectrum functions” means—

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           (a)           the functions under the enactments relating to the management of the

radio spectrum which by virtue of this Act are conferred on OFCOM;

and

 

 

Communications Bill
Part 6 — Miscellaneous and Supplemental

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           (b)           the functions conferred on OFCOM by so much of Chapter 3 of Part 2

as relates to the disputes and decisions mentioned in subsection (7)(c).

 402   Application of enactments to territorial sea and other waters

     (1)    This section applies to—

           (a)           provision made by or under Part 2 of this Act;

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           (b)           any provision of the enactments relating to the management of the

radio spectrum that are not contained in that Part; and

           (c)           any provision of Chapter 1 of Part 5 of this Act so far as it relates to a

matter as respects which provision falling within paragraph (a) or (b) is

made.

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     (2)    Her Majesty may by Order in Council provide—

           (a)           for an area of the territorial sea to be treated, for the purposes of any

provision to which this section applies, as if it were situated in such part

of the United Kingdom as may be specified in the Order; and

           (b)           for jurisdiction with respect to questions arising in relation to the

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territorial sea under any such provision to be conferred on courts in a

part of the United Kingdom so specified.

     (3)    An Order in Council under section 11 of the Petroleum Act 1998 (c. 17)

(application of civil law to offshore installations etc.) may make provision for

treating—

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           (a)           an installation with respect to which provision is made under that

section and which is outside the territorial sea but in waters to which

that section applies, and

           (b)           waters within 500 metres of the installation,

            as if for the purposes of provisions to which this section applies, they were

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situated in such part of the United Kingdom as is specified in the Order.

     (4)    The jurisdiction conferred on a court by an Order in Council under this section

is in addition to any jurisdiction exercisable apart from this section by that or

any other court.

     (5)    Subsection (3) of section 395 applies to the power to make an Order in Council

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under this section as it applies to any power of the Secretary of State to make

an order under this Act, but as if references in that subsection to the Secretary

of State were references to Her Majesty in Council.

     (6)    A statutory instrument containing an Order in Council under this section shall

be subject to annulment in pursuance of a resolution of either House of

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Parliament.

     (7)    In this section—

                    “installation” includes any floating structure or device maintained on a

station by whatever means, and installations in transit;

                    “the territorial sea” means the territorial sea adjacent to the United

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Kingdom.

 403   Short title, commencement and extent

     (1)    This Act may be cited as the Communications Act 2003.

 

 

Communications Bill
Part 6 — Miscellaneous and Supplemental

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     (2)    This Act (except the provisions listed in subsection (3), which come into force

on the passing of this Act) shall come into force on such day as the Secretary of

State may by order appoint; and different days may be appointed under this

subsection for different purposes.

     (3)    Those provisions are sections 28(1) to (4) and (6) and 398 and this section.

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     (4)    This Act extends to Northern Ireland.

     (5)    Subject to subsection (6), Her Majesty may by Order in Council extend the

provisions of this Act, with such modifications as appear to Her Majesty in

Council to be appropriate, to any of the Channel Islands or to the Isle of Man.

     (6)    Subsection (5) does not authorise the extension to any place of a provision of

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this Act so far as it gives effect to an amendment of an enactment that is not

itself capable of being extended there in exercise of a power conferred on Her

Majesty in Council.

     (7)    Subsection (3) of section 395 applies to the power to make an Order in Council

under this section as it applies to any power of the Secretary of State to make

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an order under this Act, but as if references in that subsection to the Secretary

of State were references to Her Majesty in Council.

 

 

 
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