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Session 2002 - 03
Internet Publications
Other Bills before Parliament

Communications Bill


Communications Bill
Schedule 17 — Minor and Consequential Amendments

    525

 

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

Communications Act 2003.”

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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

(c) there shall be substituted—

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                    “(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.”

          (3)      In paragraph 8 of Schedule 1 (excepted land), for “a telecommunications

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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

information) shall be amended as follows.

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          (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—

                             “(qa)                               the Broadcasting Act 1996;”;

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

                             “(rb)                               the Communications Act 2003;”.

Political Parties, Elections and Referendums Act 2000

  167     (1)      The Political Parties, Elections and Referendums Act 2000 (c. 41) shall be

amended as follows.

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          (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”

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

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Commission’s views on referendum campaign broadcasts), for the words

from “and Sianel” to “regard” there shall be substituted “shall have regard,

in determining its policy with respect to referendum campaign broadcasts

by designated organisations,”.

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

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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

telecommunication system (within the meaning of the Telecommunications

Act 1984 (c. 12))” there shall be substituted “an electronic communications

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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)

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

12 of that Act there shall be inserted—

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“Section 124(2) of the

Using public electronic

 
 

Communications Act 2003

communications network in

 
  

order to cause annoyance,

 
  

inconvenience or needless

 
  

anxiety”.

 

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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

communication”, for “a telecommunication system (within the meaning of

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

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communications network”.

Office of Communications Act 2002

  171      Sections 2, 4, 5 and 6 of the Office of Communications Act 2002 (c. 11) shall

cease to have effect.

  172     (1)      The Schedule to that Act shall be amended as follows.

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          (2)      The following shall cease to have effect—

              (a)             paragraph 1(4);

              (b)             paragraph 8(5);

              (c)             paragraph 17(8) and (9); and

              (d)             paragraph 20.

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          (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 —

                      (a)                     derive from the exercise of powers to impose charges or

fees in respect of the carrying out of particular functions,

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and

                      (b)                     do not fall to be paid into the Consolidated Fund of the

United Kingdom or of Northern Ireland,

                                             are at least sufficient to cover the costs of carrying out the

functions to which the revenues relate.”

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          (4)               After paragraph 14(3) (executive committees of OFCOM to include member

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

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or employee of OFCOM) there shall be inserted—

                           “(3A)                  Sub-paragraph (3) has effect in the case of a committee of OFCOM

which—

                      (a)                     is not the Content Board, but

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

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

within the Content Board’s remit),

                                             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.”

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Tobacco Advertising and Promotion Act 2002

  173     (1)               Section 12 of the Tobacco Advertising and Promotion Act 2002 (c. 36)

(exclusion from that Act of advertising on television and radio) shall be

amended as follows.

          (2)               For subsection (3) there shall be substituted—

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              “(3)                This subsection applies to —

                    (a)                   a service falling within section 208(1) of the Communications

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);

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and

                    (b)                   an additional television service comprised in the public

teletext service (within the meaning of that Part).”

          (3)                        For subsection (5) there shall be substituted—

              “(5)                This subsection applies to a service which—

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                    (a)                   falls within section 242(1) of the Communications Act 2003

(independent radio services regulated by the Office of

Communications); but

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

of Part 3 of that Act).”

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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

40

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.”;

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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

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

5

(c. 42)” there shall be substituted “section 285 of the Communications

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

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Communications Act 2003), the duty of the Office of

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—

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                           “(g)                             the Office of Communications;”.

          (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,

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there shall be inserted—

                                      “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.

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

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”.

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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

35

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.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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          (2)      The subordinate legislation or other thing—

              (a)             is to have effect, on and after the coming into force of the transfer,

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

5

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

accordance with the requirements of that section.

          (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

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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

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,

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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.

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—

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              (a)             by a provision of this Act, or

              (b)             by virtue of an amendment made by this Act,

                   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

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power or duty is—

              (a)             conferred or imposed on the Secretary of State or OFCOM; or

              (b)             transferred to OFCOM.

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

              (a)             that the provision by virtue of which the power or duty is conferred,

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imposed or transferred had not been enacted, or had not come into

force, when the steps were taken; and

              (b)             in the case of steps taken before the enactment of that provision, that

the provision the effect of which was anticipated was modified

before being enacted.

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          (4)      In relation to provisions brought into force as mentioned in subsection (1) of

section 401 for the purpose of enabling specified functions to be carried out

by the Director or the Secretary of State—

              (a)             this paragraph has effect in relation to steps taken by the Director or

the Secretary of State as it has in relation to steps taken by OFCOM;

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and

              (b)             subsection (5) of that section applies in relation to steps taken by the

Director or the Secretary of State in anticipation of effect being given

to those provisions as it would apply to anything done by the

Director or the Secretary of State for the purposes of, or in connection

45

with, the carrying out of those functions.

          (5)      Where a requirement is satisfied by virtue of this paragraph by steps taken

in anticipation of effect being given to a provision—

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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              (a)             representations made to or other things done in relation to OFCOM,

or the Director or the Secretary of State, in consequence of the taking

of those steps, and

              (b)             any requirements framed by reference to the time at which those

steps were taken,

5

                   are to have effect as if the provision in question had come into force before

those steps were taken.

General saving for agreements conditional on licensing

  3       (1)      This paragraph has effect where an agreement in force immediately before

the coming into force of a provision of this Act removing a requirement for

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a relevant licence provides—

              (a)             for the agreement to cease to have effect, or

              (b)             for it to be capable of being terminated,

                   if a party to the agreement ceases to hold a relevant licence of a particular

description, or so ceases in a manner described in the agreement.

15

          (2)      In this paragraph “relevant licence” means—

              (a)             a licence under section 7 of the 1984 Act;

              (b)             a licence under Part 1 of the 1990 Act to provide a satellite television

service or a licensable programme service;

              (c)             a licence under that Part to provide the service mentioned in section

20

49(2) of that Act;

              (d)             a licence under Part 2 of that Act to provide a local delivery service;

or

              (e)             a licence under Part 3 of that Act to provide a formerly regulated

radio service (within the meaning of section 248 of this Act).

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          (3)      The agreement is not to cease to have effect, or to be capable of being

terminated, by reason only of the coming into force of the provisions of this

Act under which the requirement for the licence is removed.

          (4)      In relation to times after the commencement of the provision of this Act

removing the requirement for a licence to provide a satellite television

30

service or a licensable programme service, a reference to such a licence in the

provision of the agreement in question is to have effect as a reference to a

licence granted or having effect as if granted as a licence to provide a

television licensable content service.

          (5)      In relation to times after the commencement of the provision of this Act

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removing the requirement for a licence to provide the service mentioned in

section 49(2) of the 1990 Act, a reference to such a licence in the provision of

the agreement in question is to have effect as a reference to a licence to

provide the public teletext service.

          (6)      In relation to times after the commencement of the provision of this Act

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removing the requirement for a licence to provide a licensable sound

programme service, a reference to such a licence in the provision of the

agreement in question is to have effect as a reference to a licence to provide

a radio licensable content service.

          (7)      References in this paragraph to a provision having effect if a person ceases

45

to hold a licence include references—

              (a)             to a provision having effect if a licence of his expires without being

renewed; and

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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              (b)             to a provision having effect if his licence is revoked.

          (8)      Expressions used in this paragraph and in Part 3 of this Act have the same

meanings in this paragraph as in that Part.

Orders under Part 2 of the Deregulation and Contracting Out Act 1994

  4       (1)      This paragraph applies where, immediately before functions under the

5

Wireless Telegraphy Act 1949 (c. 54) are transferred under this Act to

OFCOM, an order is in force with respect to those functions under Part 2 of

the Deregulation and Contracting Out Act 1994 (c. 40).

          (2)      The order is to have effect in relation to times after the transfer—

              (a)             as if made in exercise of the power conferred by virtue of section 1(7)

10

in relation to such of the functions of OFCOM under that Act of 1949

as are specified in the order;

              (b)             as if any power conferred on the Secretary of State by that order to

authorise the exercise by a person of functions under that Act of 1949

were conferred on OFCOM; and

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              (c)             as if an authorisation given by the Secretary of State in exercise of

that power were an authorisation given under that order by

OFCOM.

Pre-commencement proposals relating to universal service matters

  5       (1)                        Where a proposal for the designation of a person as a universal service

20

provider has been confirmed under regulation 4(10) of the Electronic

Communications (Universal Service) Regulations 2003 (S.I. 2003/33), the

designation is to have effect after the commencement of section 63 of this Act

as a designation in accordance with regulations under that section.

          (2)                        Where in any person’s case a proposal to set a condition has been confirmed

25

under regulation 4(10) or 5(4) of those regulations, that condition is to have

effect after the commencement of that section as a condition set by OFCOM

under section 42 of this Act and applied to that person.

          (3)                        Where an appeal under regulation 6 of those regulations against a decision

under them has been brought but not concluded before the commencement

30

of section 189 of this Act—

              (a)             that appeal is to be stayed or sisted as from the commencement of the

section; but

              (b)             the appellant is to have a new right of appeal under the section

against the decision (as it has effect by virtue of this paragraph) as

35

if—

                    (i)                   it were the corresponding decision made by OFCOM under

Chapter 1 of Part 2 of this Act; and

                    (ii)                  it had been made immediately after the commencement of

the section.

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          (4)                        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 for requiring steps taken and things done for the

purposes of that appeal to be taken into account, to the extent set out in the

rules, in the case of an appeal brought by virtue of paragraph (b) of that sub-

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paragraph.

 

 

 
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