Communications Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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"General saving for agreements containing rights or obligations established by reference to definitions contained in previous legislation

(1)      This paragraph applies where an agreement in force immediately before the coming into force of provisions of this Act which amends, revokes or repeals provisions of the 1984 Act, the 1990 Act, the 1996 Act or the Wireless Telegraphy Act 1949 or establishes rights or obligations by reference to definitions contained in those Acts.
(2)      Notwithstanding any amendment, repeal or revocation made by this Act the definitions referred to in sub-paragraph (1) shall continue to have effect in relation to the interpretation of such rights and obligations under a relevant agreement other than where specific transitional provisions applying to a relevant agreement are made under this Act."
233Page 537, line 24, at end insert—
 

"Liability for payment of charges levied by pre-commencement regulators

(1)      This paragraph has effect where an agreement entered into prior to the commencement of the Act establishes liability for payment of charges levied by pre-commencement regulators.
(2)      Subject to sub-paragraph (3) below, such liability is not to cease to have effect or be capable of being enforced only by reason of the coming into force of the provisions of this Act.
(3)      In any such case after commencement of the Act, such liability shall relate to charges levied by OFCOM rather than to charges levied by pre-commencement regulators."
 

THE LORD McINTOSH OF HARINGEY

234Page 539, line 34, leave out from "to" to "is" in line 35 and insert "his becoming subject to a direction by virtue of which he"
235Page 539, line 38, at end insert—
"(   )      In sub-paragraph (5) the reference to a person's becoming subject to a direction by virtue of which he is prohibited from providing the whole or a part of an electronic communications network or electronic communications service—
(a)  does not include a reference to his becoming subject to a direction imposing a prohibition for a fixed period of less than eighteen months or to a direction that will have to be revoked if not confirmed; but
(b)  except in the case of a direction imposing a prohibition for such a fixed period, does include a reference to the confirmation of a direction that would otherwise have had to be revoked."
 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

236Page 541, line 23, leave out paragraph (d)
 

THE LORD McINTOSH OF HARINGEY

237Page 556, line 41, at end insert—
 "58A      References in paragraphs 57 and 58 to Chapter 2 of Part 5 do not include references to subsections (2) to (4) of section 382 (powers to make transitional and consequential amendments etc.)."
238Page 557, line 35, at end insert—
"(9)      Section 395 of this Act shall not apply in relation to the power of the Secretary of State to make an order under section 91(6)(a) of the Enterprise Act 2002 (c.40) as applied by virtue of sub-paragraph (7)(b) above but supplementary provisions of Part 3 of the Enterprise Act 2002 which relate to the making of an order under section 91(6)(a) of that Act shall apply in relation to the making of an order under that provision as applied by virtue of sub-paragraph (7)(b) above."
 

Schedule 19

 

THE LORD McINTOSH OF HARINGEY

238APage 566, column 2, leave out lines 12 to 14
 

THE LORD CRICKHOWELL
THE LORD PUTTNAM
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

239Page 566, leave out lines 20 to 22
240Page 566, line 23, leave out "(2) and"
 

THE LORD McINTOSH OF HARINGEY

240APage 568, line 45, column 2, at end insert—
  "In section 56(1)(a)(i), the words "to which the licence relates"."
 

THE LORD McNALLY
THE LORD CRICKHOWELL
THE LORD PUTTNAM
THE LORD HUSSEY OF NORTH BRADLEY

241Page 566, leave out line 32
 

Clause 403

 

THE LORD McINTOSH OF HARINGEY

242Page 353, line 5, at end insert—
"(   )  An order under subsection (2) may include provision making such transitional or transitory provision, in addition to that made by Schedule 18, as the Secretary of State considers appropriate in connection with the bringing into force of any provisions of this Act; and the power to make transitional or transitory provision includes power to make—
(a)  different provision for different cases (including different provision in respect of different areas);
(b)  provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
(c)  such incidental, supplemental and consequential provision as he thinks fit."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

243Page 353, line 5, at end insert—
"(3A)  Before making an order under subsection (2) appointing a day for the coming into force of section (Restrictive covenants affecting freehold property), the Secretary of State shall consult OFCOM and such other persons as appear to the Secretary of State to be appropriate."

 
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25 June 2003