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Communications Bill


Communications Bill
Schedule 18 — Transitional Provisions

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                   the court in which it was brought may stay or sist the appeal as from the

commencement of that section of this Act.

          (4)                        If the court stays or sists the appeal under sub-paragraph (3), the appellant

is to have a new right of appeal under section 190 against the decision as if

(subject to sub-paragraph (7)) it were a decision to which that section applies

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that had been made immediately after the commencement of that section.

          (5)                        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—

              (a)             for requiring steps taken and things done for the purposes of that

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appeal to be taken into account, to the extent set out in the rules, in

the case of an appeal brought by virtue of sub-paragraph (4); and

              (b)             for enabling the Tribunal in an appeal under sub-paragraph (4) to

give directions to OFCOM as to the carrying out of functions of theirs

that are the same as or correspond to those in the course of carrying

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out which the maker of the appealed decision made that decision.

          (6)                        If, in a case falling within sub-paragraph (3), the court does not stay or sist

the appeal—

              (a)             it must determine the appeal in the manner in which the Tribunal is

required under section 193 of this Act to determine an appeal under

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section 190; but

              (b)             its powers on determining the appeal include a power to give

directions to OFCOM as to the carrying out of any functions of theirs

that correspond to those in the course of which the appealed decision

was made.

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          (7)                        On an appeal brought or continued under this paragraph against a decision,

the court or the Tribunal, in determining what was the appropriate action for

the maker of the decision to take, must determine that question according to

the law in force at the time when the decision was made.

Section 94 of the Telecommunications Act 1984

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  24      (1)      Subject to sub-paragraph (2), provisions of Schedule 17 to this Act amending

section 94 of the 1984 Act do not affect—

              (a)             the continuation, after the coming into force of the amendment, of

any duty of a person previously given a direction under that section

to give effect to it; or

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              (b)             the power of the Secretary of State after the amendment comes into

force to make grants under subsection (6) of that section to such a

person.

          (2)      A direction under that section which was given to the Director before the

relevant transfer date shall have effect in relation to times on and after that

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date as if it were a direction to OFCOM.

          (3)      In sub-paragraph (2) “the relevant transfer date” means the date of the

coming into force of the provisions of Schedule 17 to this Act substituting

“OFCOM” for “the Director” in section 94(8) of the 1984 Act.

Competition Commission: specialist panel members

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  25       The persons who—

 

 

Communications Bill
Schedule 18 — Transitional Provisions

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              (a)             have been appointed as members of the Competition Commission by

the Secretary of State under section 13(10) of the 1984 Act, and

              (b)             hold office immediately before the date on which section 192 comes

into force,

           shall continue to hold office as members of the Competition Commission as

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if they had been appointed to that office by the Secretary of State under

section 192(1).

Transitory amendments to telecommunications terms in Broadcasting Act 1990

  26      (1)               This paragraph has effect, in the case of each of the provisions of the 1990 Act

to which it applies, in relation to times between—

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              (a)             the commencement of Chapter 1 of Part 2 of this Act; and

              (b)             the commencement of so much of this Act (apart from this

paragraph) as amends or repeals that provision.

          (2)               The provisions of the 1990 Act set out in sub-paragraph (3) shall have effect

(subject to sub-paragraph (4)) as if—

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              (a)             for every reference to a telecommunication system there were

substituted a reference to an electronic communications network;

and

              (b)             for references to running such a system there were substituted

references to providing it.

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          (3)                                 Those provisions of the 1990 Act are—

              (a)             section 46 (licensable programme services);

              (b)             section 51(1)(a) (procedures for consideration of applications for

additional services licences);

              (c)             section 72 (local delivery services);

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              (d)             section 75 (procedures for consideration of applications for local

delivery licences);

              (e)             section 112 (licensable sound programme services);

              (f)             section 117(1)(a) (procedures for consideration of applications for

additional services licences);

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              (g)             section 181 (apparatus deemed to be apparatus for wireless

telegraphy).

          (4)                        Sections 46(2) (licensable programme services), 112(2) (licensable sound

programme services) and 201(2) (programme services) of the 1990 Act shall

each have effect as if for paragraph (b) there were substituted—

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                    “(b)                      a service which satisfies the conditions in section 231(5) of the

Communications Act 2003;”.

          (5)                        In sections 48 and 114 of the 1990 Act (additional services), references to

electronic signals shall have effect as references to signals within the

meaning of section 30 of this Act.

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          (6)      Section 75(2) of the 1990 Act (consultation with relevant licensing

authorities) shall have effect as if in paragraph (b) for the words “would be

required to be licensed” there were substituted “is a system which (but for

repeals made by the Communications Act 2003) would have been required

to be licensed”.

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          (7)      In section 181 of the 1990 Act (apparatus deemed to be apparatus for

wireless telegraphy), “connected”—

 

 

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              (a)             shall continue to be construed in accordance (notwithstanding its

repeal) with section 4 of the 1984 Act; but

              (b)             shall be so construed as if, in that section of the 1984 Act, a reference

to an electronic communications network were substituted for every

reference to a telecommunication system.

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          (8)      Part 5 of Schedule 2 to the 1990 Act (restriction on holding of licences by

operators of public telecommunication systems) and the Broadcasting

(Restrictions on the Holding of Licences) Order 1991 (S.I. 1991/1176) shall

have effect as if references to a national public telecommunications operator

were references to a person who provides an electronic communications

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network so as to make it available for use by members of the public in the

whole, or substantially the whole, of the United Kingdom.

Activities of the Welsh Authority

  27      (1)      No approval shall be required under section 203 for the continued provision

after the commencement of that section of any service that was being

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provided by the Welsh Authority immediately before the commencement of

that section.

          (2)      Where any activities are being carried on immediately before the

commencement of section 204 by the Welsh Authority, no approval is

required under that section in respect of the continued carrying on of the

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activities by the Authority.

          (3)      Where any activities are being carried on immediately before the

commencement of section 204 by an S4C company, no approval is required

under that section in respect of the carrying on after that commencement by

that company or another S4C company of those activities.

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Gaelic Broadcasting

  28       The persons who are members of Comataidh Craolaidh Gaidhlig

immediately before the date on which section 206 comes into force—

              (a)             shall continue to hold office as members of Seirbheis nam

Meadhanan Gàidhlig as if they had been appointed to that office by

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OFCOM;

              (b)             shall hold and vacate office in accordance with the terms of their

appointment by the ITC;

              (c)             shall hold office for the period for which they were appointed by the

ITC; and

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              (d)             after the end of that period, shall be eligible for re-appointment as

members of Seirbheis nam Meadhanan Gàidhlig.

  29      (1)      The continuance in force of the Multiplex Licence (Broadcasting of

Programmes in Gaelic) Order 1996 (S.I. 1996/2758) made under section 32 of

the 1996 Act is not affected by the amendment of that section by Schedule 15

40

to this Act.

          (2)      But in relation to times after the television transfer date, that order shall have

effect as if—

              (a)             the reference in that order to the ITC were a reference to OFCOM;

and

45

              (b)             the reference to the application of section 28 of the 1996 Act to a

frequency were omitted.

 

 

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Schedule 18 — Transitional Provisions

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Pre-transfer Broadcasting Act licences

  30      (1)      Subject to any express provision made by this Act in relation to a particular

description of Broadcasting Act licence, neither—

              (a)             the transfer from a pre-commencement regulator to OFCOM of the

function of granting or awarding such licences or of any other power

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exercisable in relation to such licences, nor

              (b)             any other modification by or by virtue of this Act of the power to

grant or award such licences or of a provision having effect in

relation to such licences,

                   shall affect the continuing validity of a licence by or under which the

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provision of a service is authorised immediately before the coming into force

of the transfer or modification.

          (2)      Accordingly, such a licence shall continue to have effect, after the coming

into force of the transfer or modification—

              (a)             on the same terms and conditions and for the same period as it

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would have done if this Act had not been passed; but

              (b)             as if, in relation to times after the coming into force of any relevant

transfer of functions to OFCOM, every reference in the licence to a

pre-commencement regulator were a reference to OFCOM.

          (3)      Sub-paragraph (2) is subject to the following provisions of this Act—

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              (a)             those under which a licence is to have effect as if the period for which

it is granted were the period determined under this Act; and

              (b)             those under which the conditions of a licence fall to be varied for the

purpose of imposing a condition required by this Act.

          (4)      Anything done at any time before the relevant transfer date under or for the

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purposes of enforcing any provision of a Broadcasting Act licence is to have

effect in relation to times on or after that date—

              (a)             to the extent that it was done by or in relation to the ITC or Radio

Authority, and

              (b)             so far as necessary for preserving its effect or for facilitating the

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taking of further action by OFCOM,

                   as a thing done by or in relation to OFCOM.

          (5)      In sub-paragraph (4) “relevant transfer date”—

              (a)             in relation to licences under Part 1 of the 1990 Act or Part 1 of the 1996

Act, means the television transfer date; and

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              (b)             in relation to licences under Part 3 of the 1990 Act or Part 2 of the 1996

Act, means the radio transfer date.

Channels 3 and 5

  31       A determination made by the ITC under or for the purposes of section 14 or

28 of the 1990 Act (Channels 3 and 5) is to have effect on and after the

40

television transfer date as a determination under that section by OFCOM.

Saving pending replacement of licences for Channels 3 and 5 and the public teletext service

  32      (1)      The regulatory regime for a Channel 3 service, and that for Channel 5 and

the existing teletext service, shall not include the self-regulation conditions

 

 

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Schedule 18 — Transitional Provisions

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in any case in which the service or (as the case may be) Channel 5 is provided

under a licence granted before the television transfer date.

          (2)      In sub-paragraph (1) “the self-regulation conditions” means the conditions

which (apart from that sub-paragraph) are included by virtue of sections 263

to 267 of this Act in the regulatory regime for Channel 3 services, for Channel

5

5 and for the public teletext service.

          (3)      In relation to a licence granted before the television transfer date for a

Channel 3 service, Channel 5 or the existing teletext service, section 261 shall

have effect as if the reference in subsection (3)(a) of that section to a

corresponding or additional service to be provided in analogue form were a

10

reference to a corresponding or additional service to be provided in digital

form.

          (4)      In this paragraph “the existing teletext service” means the existing service

within the meaning of section 219 of this Act.

Digital additional licences

15

  33      (1)      This paragraph applies where immediately before the coming into force of

section 240 of this Act a person holds a digital additional services licence

under Part 1 of the 1996 Act in respect of a digital sound programme service

and with a view to the inclusion of the broadcasting of that service by means

of a television multiplex service licensed under Part 1 of the 1996 Act.

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          (2)      The licence is to have effect on and after the coming into force of section 240

of this Act as if it were a national digital sound programme licence or (as the

case may be) were comprised in any national digital sound programme

licence already held by the licence holder for the service in question.

          (3)      Where a licence has effect in accordance with this paragraph, it shall not (to

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the extent that it so has effect) authorise the broadcasting of the digital sound

programme service in question by means of a radio multiplex service.

          (4)      In this paragraph—

               “digital additional services licence” has the same meaning as in Part 1

of the 1996 Act; and

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               “national digital sound programme licence” has the same meaning as

in Part 2 of that Act.

Programme quotas

  34       Any order which—

              (a)             was made under section 16(5)(a) of the 1990 Act (definitions of

35

“qualifying programmes” and “independent productions”), and

              (b)             is in force immediately before the commencement of sections 275 and

305 of this Act and paragraphs 1 and 7 of Schedule 12 to this Act,

           is to have effect in relation to times after the commencement of those sections

and those paragraphs as an order made in exercise of the corresponding

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powers conferred by those sections and those paragraphs.

Nomination of persons eligible for appointment as news providers

  35       A nomination by the ITC which is in force immediately before the television

transfer date for the purposes of section 31(2) of the 1990 Act is to have effect

on and after that date (but so far only as is necessary for the purposes of

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provision made by virtue of section 278 of this Act) as a nomination by

OFCOM for the purposes of that section of this Act.

Networking arrangements

  36      (1)      Where arrangements approved for the purposes of section 39 of the 1990 Act

(networking arrangements) are in force immediately before the

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commencement of section 288 of this Act, those arrangements are to have

effect for the purposes of this Act, and of any conditions imposed under that

section of this Act, as approved networking arrangements.

          (2)      For the purposes of proceedings in relation to a report under Schedule 4 to

the 1990 Act at any time after the commencement of Schedule 11 to this Act,

10

that report is to have effect as if it were a report under that Schedule to this

Act.

Determination of qualifying revenue

  37      (1)      A statement of the ITC that is for the time being in force immediately before

the television transfer date for the purposes of—

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              (a)             Schedule 7 to the 1990 Act (statement of principles for determining

qualifying revenue), or

              (b)             Schedule 1 to the 1996 Act (corresponding statement for the

purposes of that Act,

                   is to have effect on and after that date as a statement by OFCOM.

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          (2)      On and after the television transfer date a determination by the ITC under

paragraph 2 of Part 1 of either of those Schedules is to have effect as a

determination under that paragraph by OFCOM, and sub-paragraph (2) of

that paragraph is to have effect accordingly.

Rules for political broadcasts

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  38       Where—

              (a)             rules made by the ITC for the purposes of section 36 of the 1990 Act

(party political broadcasts on Channel 3, Channel 4 or Channel 5), or

              (b)             rules made by the Radio Authority for the purposes of section 107 of

the 1990 Act (party political broadcasts on national radio services),

30

           are in force immediately before the commencement of section 329 of this Act,

those rules are to have effect after its commencement as rules made by

OFCOM for the purposes of that section of this Act.

Functions under section 88 of the 1990 Act

  39       A requirement imposed or notice given before the radio transfer date by the

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Radio Authority under section 88 of the 1990 Act (restriction on holding of

licences) is to have effect on and after that date as if it were imposed or given

by OFCOM.

Notices under section 94 of the 1990 Act

  40       A notice given by the Secretary of State or any other Minister of the Crown

40

under section 94 of the 1990 Act (government control over licensed services)

 

 

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is to have effect on and after the radio transfer date as a notice given to

OFCOM under section 332 of this Act.

Programme standards: television

  41      (1)      This paragraph applies as respects times on or after the television transfer

date and before the first coming into force, in the case of the holder of a

5

licence under Part 1 of the 1990 Act or Part 1 of the 1996 Act, of conditions

imposed under section 321 of this Act.

          (2)      Sections 6 to 12 of the 1990 Act (general provisions about the content of

licensed services) are to have effect in the case of that licence holder as if

references in those sections to the ITC were references to OFCOM.

10

          (3)      A code drawn up by the ITC under section 6, 7 or 9 of the 1990 Act is to have

effect as if it had been drawn up by OFCOM.

Programme standards: radio

  42      (1)      This paragraph applies as respects times on or after the radio transfer date

and before the first coming into force, in the case of the holder of a licence

15

under Part 3 of the 1990 Act or Part 2 of the 1996 Act, of conditions imposed

under section 321 of this Act.

          (2)      Sections 90 to 96 of the 1990 Act (general provisions about the content of

licensed services) are to have effect as if references in those sections to the

Radio Authority were references to OFCOM.

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          (3)      A code drawn up by the Radio Authority under section 90, 91 or 93 of the

1990 Act is to have effect as if it had been drawn up by OFCOM.

Standards code

  43      (1)      In relation to any time after the commencement of section 315 of this Act, a

code in force immediately before its commencement as a code drawn up

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under section 6, 7, 9, 90, 91 or 93 of the 1990 Act or section 108 of the 1996 Act

is to have effect (subject to sub-paragraphs (2) and (3)) as if it were a code

issued by OFCOM for the purpose of setting standards under section 315 of

this Act.

          (2)      A code under the 1990 Act shall have effect by virtue of sub-paragraph (1) in

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relation only to the following—

              (a)             in the case of the codes under sections 6, 7 and 9, services the

provision of which is authorised by licences under Part 1 of the 1990

Act and S4C; and

              (b)             in the case of the codes under sections 90, 91 and 93, services the

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provision of which is authorised by licences under Part 3 of that Act.

          (3)      In the case of the code under section 108 of the 1996 Act, the code shall have

effect by virtue of sub-paragraph (1)—

              (a)             in relation only to services provided by the BBC or the Welsh

Authority; and

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              (b)             to the extent only that it contains provision that applies to those

services and, in the case of services provided by the Welsh Authority,

relates to matters other than advertising and impartiality.

 

 

 
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