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Session 2002 - 03
Internet Publications
Other Bills before Parliament

Communications Bill


Communications Bill
Schedule 17 — Minor and Consequential Amendments

    533

 

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 16 of the

Communications Act 2003.”

5

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

    534

 

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

5

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 125(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.

30

          (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 enable OFCOM to meet 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

    535

 

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 13(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 209(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 243(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

35

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

367 and 368 of the Communications Act 2003.”;

 

 

Communications Bill
Schedule 18 — Transitional Provisions

    536

 

              (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 287 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 287 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—

15

                           “(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,

20

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 403

 

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

    537

 

          (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 400 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,

30

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 405 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;

40

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

    538

 

              (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.

Savings for agreements referring to the termination of a 1984 Act licence

  3       (1)               This paragraph applies where a term or condition of an agreement in force

immediately before the abolition of licensing provides—

10

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

              (b)             for the agreement to become capable of being terminated,

              (c)             for a requirement to pay or repay an amount (whether liquidated or

unliquidated) to arise under the agreement, or to arise earlier than it

would otherwise have arisen,

15

              (d)             for a security to become enforceable, or

              (e)             for rights or obligations of a person under the agreement to be

different or to be modified,

                   if a party to the agreement ceases to hold a licence under section 7 of the 1984

Act, or ceases to do so in a manner or in circumstances described in the

20

agreement.

          (2)                        Where a person ceases to hold a licence in consequence of the provisions of

this Act removing the requirement to hold a licence under section 7 of the

1984 Act—

              (a)             the term or condition is not to apply; and

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              (b)             the rights and obligations of the parties to the agreement are to be the

same (subject to the following sub-paragraphs) as they would have

been had the person in question continued to hold such a licence.

          (3)                        In relation to times after the abolition of licensing, that term or condition is

to have effect as if the reference in that term or condition—

30

              (a)             to a person’s ceasing to hold a licence under section 7 of the 1984 Act,

or

              (b)             to his ceasing to do so in a particular manner or particular

circumstances,

                   were a reference to his becoming subject to a direction under this Act by

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virtue of which he is prohibited from providing the whole or a part of an

electronic communications network or electronic communications service.

          (4)                        In sub-paragraph (3) 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—

40

              (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

45

fixed period, does include a reference to the confirmation of a

direction that would otherwise have had to be revoked.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

    539

 

          (5)               This paragraph does not apply in the case of a term or condition of an

agreement if, on an application to the court by one or both of the parties to

the agreement, the court directs—

              (a)             that this paragraph is not to apply; or

              (b)             that it is to apply with such modifications, or subject to the payment

5

of such compensation, as the court may specify in the direction.

          (6)               In determining whether to give a direction under sub-paragraph (5) or what

modifications or compensation to specify in such a direction the court must

have regard to the following—

              (a)             whether either or both of the parties to the agreement contemplated

10

the abolition of the licensing requirements of the 1984 Act when they

entered into the agreement; and

              (b)             the extent (if any) to which the provisions of this paragraph represent

what it would have been reasonable for the parties to have agreed

had they both known at that time what provision was to be made by

15

this Act and when it was to come into force.

          (7)                        For the purposes of this paragraph—

              (a)             references to ceasing to hold a licence include references to its

expiring or being revoked; and

              (b)             references to a licence under section 7 of the 1984 Act include

20

references to a licence under that section of a particular description.

          (8)                        In this paragraph “the court” means the High Court or the Court of Session.

          (9)                        This paragraph has effect subject to paragraph 14.

Saving for agreements with special provision for 1984 Act licence holders

  4       (1)               This paragraph applies in a case to which paragraph 3 does not apply and in

25

which a term or condition of an agreement in force immediately before the

abolition of licensing provides for rights or obligations of a person under the

agreement to be different or to be modified according to whether or not he—

              (a)             is or has become the holder of a licence under section 7 of the 1984

Act; or

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              (b)             is or has become the holder of such a licence in a manner or in

circumstances described in the agreement.

          (2)                        In relation to times after the abolition of licensing, that term or condition is

to have effect as if the rights and obligations to which that person is entitled

or subject under the agreement were, except in a case falling within sub-

35

paragraph (3), those for which the agreement provides in the case of a

person who—

              (a)             is or has become the holder of such a licence; or

              (b)             is or has become the holder of such a licence in that manner or in

those circumstances.

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          (3)                        The excepted case is where that person is subject to a direction under this Act

by virtue of which he is prohibited from providing the whole or a part of an

electronic communications network or electronic communications service.

          (4)                        In sub-paragraph (3) the reference to a person’s being subject to a direction

by virtue of which he is prohibited from providing the whole or a part of an

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electronic communications network—

 

 

 
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