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Communications Bill


Communications Bill
Schedule 18 — Transitional Provisions

    561

 

Local and national radio licences

  44      (1)      Section 103 of the 1990 Act (restriction on changes of control affecting

holders of national licences) is to apply in relation to a pre-transfer national

licence as it applies in relation to a national licence within the meaning of

Part 3 of the 1990 Act.

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          (2)      Anything done by or in relation to the Radio Authority under any of sections

98 to 102 or 103A of the 1990 Act, so far as it has been done—

              (a)             before the radio transfer date, and

              (b)             for the purposes of, or in connection with, the grant or renewal of a

pre-transfer national licence,

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                   is to have effect for the purposes of, and in connection with, the grant or

renewal of a licence at times on or after that date as if done by or in relation

to OFCOM in connection with or for the purposes of the grant or renewal of

national licence (within the meaning of Part 3 of that Act).

          (3)      Anything done by or in relation to the Radio Authority under any of sections

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104 to 105 of the 1990 Act, so far as it has been done—

              (a)             before the radio transfer date, and

              (b)             for the purposes of, or in connection with, the grant or renewal of a

pre-transfer local licence,

                   is to have effect for the purposes of, and in connection with, the grant or

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renewal of a licence at times on or after that date as if done by or in relation

to OFCOM in connection with, or for the purposes of, the grant or renewal

of local licence (within the meaning of Part 3 of that Act).

          (4)      In this paragraph “pre-transfer local licence” and “pre-transfer national

licence each has the same meaning as in section 251 of this Act.

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Section 111B of the 1990 Act

  45      (1)      Section 111B of the 1990 Act (power to suspend satellite services) is to have

effect in relation to a licence to provide a formerly regulated radio service

(within the meaning of section 249) as it applies in relation to a licence to

provide a radio licensable content service, but as if the reference in

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subsection (1)(b) of that section to a condition included in the licence in

pursuance of the provisions there mentioned included a reference to a

condition included in the licence in pursuance of section 90(1)(a) of that Act.

          (2)      In relation to any time falling—

              (a)             on or after the radio transfer date, and

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              (b)             before the first coming into force, in the case of the holder of a licence

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

imposed under section 321 of this Act,

                   section 111B of the 1990 Act is to have effect in relation to a licence to provide

a radio licensable content service as if the reference in subsection (1)(b) of

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section 111B of that Act to a condition included in the licence in pursuance

of the provisions there mentioned were a reference to a condition included

in the licence in pursuance of section 90(1)(a) of that Act.

Section 185 of the 1990 Act

  46      (1)      A determination or nomination made for the purposes of section 185 of the

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1990 Act (the national television archive) by the ITC is to have effect on and

 

 

Communications Bill
Schedule 18 — Transitional Provisions

    562

 

after the television transfer date as a determination or nomination made by

OFCOM.

          (2)      Sub-paragraph (1) applies in the case of a determination so far only as it

relates to a financial year beginning on or after the television transfer date.

Section 28 of the 1996 Act

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  47      (1)      The repeal by this Act of section 28 of the 1996 Act does not affect any power

to vary a licence under Part 1 of the 1990 Act which is—

              (a)             conferred on the ITC by an order under that section; and

              (b)             transferred to OFCOM by this Act.

          (2)      Nor does it affect so much of any order under that section in force

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immediately before the repeal as—

              (a)             modifies section 16 of the 1996 Act in its application in relation to the

renewal of a licence first granted before the television transfer date;

or

              (b)             imposes a prohibition on the use of digital capacity reserved before

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that date;

                   but so much of any such prohibition as requires the consent of the ITC for

the use of any digital capacity shall have effect after the television transfer

date as if the consent required were OFCOM’s consent.

          (3)      Sub-paragraph (1) only saves the power so far as it is exercisable in relation

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to a licence granted before the television transfer date.

Section 48 of the 1996 Act

  48       Subsections (4) to (6) of section 48 of the 1996 Act (reservations of capacity

for national radio multiplex licences to independent national broadcasters)

are to apply in relation to conditions included in pursuance of that section in

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licences granted before the radio transfer date as they apply in relation to

conditions included in licences by virtue of the amendments of that section

made by this Act.

Applications for extension of pre-transfer licences

  49      (1)               Section 251(4)(a) does not prevent the determination by OFCOM of a day

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falling less than one year after the making of the determination where—

              (a)             OFCOM consider that the day by which they would need to publish

a notice is a day which is not more than 15 months after the

commencement date; and

              (b)             the determination of that day is made as soon as practicable after the

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commencement date.

          (2)               Where the day determined by OFCOM for the purposes of paragraph (b) of

section 251(3) is a day in the period of three months beginning with the day

after the determination, that paragraph shall have effect as if for the words

“three months before” there were substituted “on”.

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          (3)               In this paragraph, the “commencement date” is the date on which section

251 comes into force.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

    563

 

Applications for renewal of licences under 1990 Act and 1996 Act

  50      (1)                        A provision set out in sub-paragraph (2) does not prevent the determination

by OFCOM of a date falling less than one year after the making of the

determination where—

              (a)             OFCOM consider that the relevant date for the purposes of the

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section in question is a date which is not more than 15 months after

the commencement date; and

              (b)             the determination of the relevant date is made as soon as practicable

after the commencement date.

          (2)                        Those provisions are—

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              (a)             section 53(12) of the 1990 Act;

              (b)             section 103A(12) of the 1990 Act;

              (c)             section 104A(14) of the 1990 Act;

              (d)             section 16(12A) of the 1996 Act;

              (e)             section 58(12A) of the 1996 Act.

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          (3)                        An application which is made before the commencement date in accordance

with a provision set out in sub-paragraph (5) shall be treated after that date

as if it had been made in accordance with that provision as amended by this

Act.

          (4)                        Where, in a case where a provision set out in sub-paragraph (5) applies, the

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relevant date for the purposes of the section in question is a date in the

period of three months beginning with—

              (a)             the commencement date, or

              (b)             the day after the day on which the relevant date is determined,

                   that provision shall have effect as if the words “the day falling three months

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before” were omitted.

          (5)                        Those provisions are—

              (a)             section 53(2) of the 1990 Act;

              (b)             section 103A(2) of the 1990 Act;

              (c)             section 104A(3) of the 1990 Act;

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              (d)             section 16(3) of the 1996 Act;

              (e)             section 58(3) of the 1996 Act.

          (6)                        In this paragraph, the “commencement date”, in relation to any provision set

out in sub-paragraph (2) or (5) is the date on which the provision of Schedule

15 inserting or amending that provision comes into force.

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Listed events rules

  51      (1)      Subject to sub-paragraph (2), Part 4 of the 1996 Act (sporting and other

events of national interest) is to have effect in relation to times on or after the

television transfer date as if anything done before that date by or in relation

to the ITC had been done by or in relation to OFCOM.

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          (2)      The code drawn up by the ITC under section 104 of the 1996 Act (code of

guidance as to the operation of Part 4) and in force immediately before the

commencement of section 298 of this Act is to continue to have effect

(notwithstanding the substitutions made by that section of this Act)—

              (a)             until the code drawn up by OFCOM under that section comes into

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force; but

 

 

Communications Bill
Schedule 18 — Transitional Provisions

    564

 

              (b)             in relation to times on or after the transfer date and before the coming

into force of OFCOM’s code, as if references in section 104(2) of that

Act and in the code to the ITC were references to OFCOM.

          (3)      If a provision of sections 297 to 299 of this Act comes into force before the

television transfer date, a reference to OFCOM in an amendment made by

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that provision is to be construed in relation to times before that date as a

reference to the ITC.

          (4)      On the date on which section 297 of this Act comes into force, the Secretary

of State shall revise the list maintained for the purposes of Part 4 of the 1996

Act in order to allocate each event which is a listed event on that date either

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to Group A or to Group B.

          (5)      Where—

              (a)             the events listed in the list in force immediately before the Secretary

of State revises it under sub-paragraph (4) are treated, for any of the

purposes of the code in force under section 104 of the 1996 Act at that

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time, as divided into two categories, and

              (b)             the Secretary of State’s revision under that sub-paragraph makes the

same division,

                   section 97(2) of the 1996 Act shall not apply in relation to that revision of that

list.

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          (6)      In this paragraph “the transfer date” is the date on which paragraph 13 of

Schedule 1 comes into force.

Complaints to the Broadcasting Standards Commission

  52      (1)      On and after the transfer to OFCOM under this Act of the functions of the

Broadcasting Standards Commission under Part 5 of the 1996 Act, that Part

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is to have effect in relation to a fairness complaint made to, but not disposed

of by, the Commission before the transfer as if—

              (a)             anything done, or treated as done, by or in relation to the

Commission for the purposes of, or in connection with, that

complaint had been done by or in relation OFCOM; and

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              (b)             those functions had been functions of OFCOM at the time when it

was done.

          (2)      Where immediately before the commencement of section 323 of this Act a

licence to provide a licensed service (within the meaning of Part 5 of the 1996

Act) contains a condition included in that licence by virtue of section 119(7)

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of that Act (conditions requiring compliance with BSC directions), that

condition is to have effect on and after the coming into force of section 323

of this Act as a condition requiring the licence holder to comply with

directions given to him by OFCOM.

          (3)       In this paragraph “fairness complaint” has the same meaning as in Part 5 of

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the 1996 Act.

Codes of practice drawn up by the Broadcasting Standards Commission

  53       The code of practice drawn up by the Broadcasting Standards Commission

under section 107 of the 1996 Act (code in respect of unjust and unfair

treatment and infringements of privacy) is to have effect on and after the

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transfer under this Act to OFCOM of the Commission’s functions under Part

 

 

Communications Bill
Schedule 18 — Transitional Provisions

    565

 

5 of that Act as if it were the code required to be drawn up under that section

by OFCOM.

Media ownership provisions

  54      (1)      A determination by the ITC or the Radio Authority under paragraph 2(2) of

Part 2 of Schedule 2 to the 1990 Act (exemptions from disqualification for

5

religious bodies) which is in force immediately before the relevant transfer

date, is to have effect on and after that date as a determination by OFCOM

under paragraph 2A of that Part of that Schedule.

          (2)      Any guidance issued by the ITC and the Radio Authority under paragraph

2(3) of Part 2 of Schedule 2 to the 1990 Act and in force immediately before

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the commencement of section 344(3) of this Act is to have effect for the

purposes of paragraph 2A of that Part of that Schedule as guidance

published under sub-paragraph (5) of paragraph 2A.

          (3)      The following powers under enactments in force before the relevant transfer

date shall be exercisable by OFCOM at all times on or after that date in

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relation to a pre commencement contravention of a requirement imposed by

or under Parts 3 to 5 of Schedule 2 to the 1990 Act—

              (a)             all the powers and duties of the ITC under section 5 of the 1990 Act

and section 5 of the 1996 Act;

              (b)             all the powers and duties of the Radio Authority under section 88 of

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the 1990 Act and section 44 of the 1996 Act; and

              (c)             all the other powers and duties of the ITC or the Radio Authority in

relation to contraventions of conditions imposed under section 5 or

88 of the 1990 Act or section 5 or 44 of the 1996 Act.

          (4)      For the purpose of determining whether anything occurring after the

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relevant transfer date is a pre-commencement contravention of a

requirement imposed by or under Parts 3 to 5 of Schedule 2 to the 1990 Act,

references in those Parts of that Schedule to the ITC or to the Radio

Authority are to be construed as including references to OFCOM.

          (5)      In this paragraph—

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               “pre-commencement contravention” means a contravention of a

requirement which occurred before the coming into force of the

repeal by this Act of the provision by or under which the

requirement was imposed; and

               “the relevant transfer date”—

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                     (a)                    in relation to the ITC, means the television transfer date; and

                     (b)                    in relation to the Radio Authority, means the radio transfer

date.

TV licences

  55       A television licence granted under the Wireless Telegraphy Act 1949 (c. 54)

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before the coming into force of section 360 of this Act is to have effect after

the commencement of that section as a licence for the purposes of that

section.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

    566

 

Functions under the Enterprise Act 2002

  56      (1)      This section has effect in so far as, at any time before the coming into force

of section 367 of this Act, anything has been done or is treated as done by or

in relation to the Director for the purposes of, or in connection with, the

carrying out of any of his functions under the Enterprise Act 2002 (c. 40).

5

          (2)      That thing is to have effect on and after that date, and OFCOM may carry out

their functions and continue anything begun by that Director, as if—

              (a)             that thing had been done by or in relation to OFCOM for the

purposes of, or in connection with, their functions under that Act by

virtue of that section; and

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              (b)             the provisions conferring those functions on OFCOM had been in

force at the time it was done.

          (3)      Sub-paragraph (1) does not apply to anything that could not be done by or

in relation to OFCOM for the purposes of, or in connection with, the carrying

out of their functions under the Enterprise Act 2002.

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          (4)      Where, by virtue of sub-paragraph (3), sub-paragraph (1) does not apply to

something, that thing is to have effect instead as if done by or in relation to

the Office of Fair Trading

Functions under the Competition Act 1998

  57      (1)      This paragraph applies in so far as, at any time before the coming into force

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of section 368 of this Act, anything has been done by or in relation to the

Director for the purposes of, or in connection with, the carrying out of any

of his functions under the Competition Act 1998 (c. 41).

          (2)      That thing is to have effect on and after that date, and OFCOM may carry out

their functions and continue anything begun by that Director, as if—

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              (a)             that thing had been done by or in relation to OFCOM for the

purposes of, or in connection with, their functions under that Act by

virtue of that section; and

              (b)             the provisions conferring those functions on OFCOM had been in

force at the time it was done.

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          (3)      Sub-paragraph (1) does not apply to anything that could not be done by or

in relation to OFCOM for the purposes of, or in connection with, the carrying

out of their functions under the Competition Act 1998.

          (4)      Where, by virtue of sub-paragraph (3), sub-paragraph (1) does not apply to

something, that thing is to have effect instead as if done by or in relation to

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the Office of Fair Trading

  58      (1)      Where any regulations made under section 54(4) of the Competition Act

1998 (regulations about concurrent functions of regulators and the Office of

Fair Trading) are in force at the coming into force of section 368 of this Act,

those regulations—

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              (a)             shall, from that time have effect in relation to functions exercisable

concurrently by virtue of section 368 of this Act as they have effect in

relation to functions exercisable concurrently by virtue of Part 2 of

Schedule 10 to the Competition Act 1998; but

              (b)             shall so have effect subject to any amendments or revocations

45

coming into force at or after that time.

 

 

Communications Bill
Schedule 18 — Transitional Provisions

    567

 

          (2)      Where, at any time before the coming into force of section 368, anything has

been done by or in relation to the Director under or for the purposes of any

regulations made under section 54(4) of the Competition Act 1998 (c. 41) that

thing is to have effect, so far as necessary for the purposes of paragraph 57

of this Schedule, as if done by or in relation to OFCOM.

5

Newspaper mergers

  59      (1)      Chapter 2 of Part 5 and any related repeals shall, subject to sub-paragraph

(2), not apply in relation to—

              (a)             a transfer of a newspaper or of newspaper assets (within the

meaning given by section 57(2) of the Fair Trading Act 1973 (c. 41))

10

which has been made before the coming into force of section 370 of

this Act; or

              (b)             a proposed transfer of a newspaper or of newspaper assets in

relation to which an application for the consent of the Secretary of

State under section 58 of the Act of 1973 has been made before the

15

coming into force of section 370 of this Act.

          (2)      Chapter 2 of Part 5 and any related repeals shall apply in relation to a

proposed transfer of a newspaper or of newspaper assets if—

              (a)             an application for the consent of the Secretary of State under section

58 of the Act of 1973 has been made;

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              (b)             the application is expressed to depend on the operation of subsection

(3) or (4) of that section;

              (c)             no consent is given by the Secretary of State under subsection (3) or

(4) of that section; and

              (d)             no further application has been made for the consent of the Secretary

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of State under that section before the coming into force of section 370

of this Act.

  60       Chapter 2 of Part 5 and any related repeals shall apply in relation to any

transfer of a newspaper or of newspaper assets which is proposed (and not

made) before the coming into force of section 370 of this Act and in relation

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to which no application has been made for the consent of the Secretary of

State under section 58 of the Act of 1973 before the coming into force of that

section.

  61       References in paragraphs 59 and 60 to Chapter 2 of Part 5 do not include

references to subsections (2) to (4) of section 386 (powers to make

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transitional and consequential amendments etc.).

  62      (1)      The Secretary of State may, instead of any or all of the conditions attached to

a consent given by him (or treated as so given) under section 58 of the Fair

Trading Act 1973), accept undertakings under this paragraph to take, or

refrain from taking, action specified or described in the undertakings.

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          (2)      If, and so far as, the Secretary of State accepts an undertaking under this

paragraph instead of a condition, that condition shall cease to have effect.

          (3)      In deciding whether to accept an undertaking under this paragraph, the

Secretary of State may, in particular, consult the Office of Fair Trading and

OFCOM.

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          (4)      An undertaking under this paragraph—

              (a)             shall come into force when accepted;

 

 

 
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