Select Committee on Delegated Powers and Regulatory Reform Fourteenth Report


Penalties for contravention of licence condition or direction

98.  Clause 234 provides that, if OFCOM are satisfied that a television licensable content service licence holder has breached a condition of that licence, or has not complied with a direction given by OFCOM, they may serve a notice on that person imposing a fine. The maximum fine is the greater of £250,000 or 5 per cent of qualifying revenue within the relevant period. Clause 234(9) enables the Secretary of State by order to substitute a different sum for the sum of £250,000. Before making an order under this Clause, the Secretary of State must comply with the affirmative resolution procedure.

Powers where frequencies reserved for qualifying services

99.  OFCOM, in fulfilling their spectrum management role, may reserve particular frequencies for the broadcasting of television multiplex services. Under Clause 240(1) the Secretary of State may, by order, modify certain provisions of the Broadcasting Act 1996 relating to the terms, award and grant of television multiplex licences and provide that OFCOM shall ensure that the holders of licences for such services on these reserved frequencies enter agreements with relevant public service broadcasters for the broadcasting of services provided by those broadcasters on the reserved digital capacity. An order under this Clause may also require OFCOM to include in the licence conditions stipulating that the licence holder's obligation to broadcast such services is to be dependent on the payment by the relevant broadcasters of the required sums. The amount paid is to be agreed between the broadcasters and the television multiplex licensee or (in the absence of any agreement) determined by OFCOM. This order-making power is subject to the negative resolution procedure.

Local digital television services

100.  Clause 241(1) allows the Secretary of State, by order, to modify the provisions of Part 3 of the Bill (except for this Clause and any provisions relating exclusively to sound services), Part 1 of the Broadcasting Act 1990, or Part 1 of the Broadcasting Act 1996, so as to create a special regime applying to "local digital television services" of the type further described in subsections (3) to (5). Such services should be provided with a view to including them in a television multiplex service. Such an order can be made only where the Secretary of State is satisfied that this will enhance the provision of such services. In turn, this should benefit the locality where the services are to be received, not least by broadening the range of programmes that can be received in that locality. The order may restrict advertising and programme sponsorship in the service. Such an order is subject to the affirmative resolution procedure.

Modification of ss. 244 and 245

101.  Clause 246(1) provides that the Secretary of State may, by order, modify Clause 244 or Clause 245 (which between them define what is, and what is not, a radio licensable content service) if she considers it appropriate. Under Clause 246(2) she may also by order provide that a description of service specified in the order is no longer to be licensable. In making any modification she must take into account one or more of the following: the level of content protection expected by the public; technical innovation; the fiscal consequences of modification; and the relative ease or difficulty of setting different levels of regulation for different services. Both orders made under Clause 246 are subject to the affirmative resolution procedure.

Access radio

102.  Clause 258(1) provides that the Secretary of State may, by order, modify the Bill and the Broadcasting Acts to permit the introduction of access radio. Such radio services should be broadcast mainly for the benefit of the public (or members of a particular community) rather than for commercial reasons, and the services should confer significant benefits on the public for which they are provided. The order may restrict advertising and programme sponsorship in the services. Such an order is subject to the affirmative resolution procedure.

Application of regulatory regimes

103.  OFCOM must use their Broadcasting Act powers and their powers under this Bill to implement and enforce the regulatory regime for each service. These obligations apply equally to programmes included in digital or analogue simulcasts that are permitted or required by the licence for any Channel 3 service, for Channel 4 or for Channel 5. Clause 259(4) provides that the Secretary of State has the power, by order, to remove any provision from the regulatory regime. This power is required to allow for deregulation in the broadcasting sector if appropriate. Such an order is subject to the affirmative resolution procedure.

Power to amend public service remits

104.  Clause 267(1) provides the Secretary of State with the power, following a report from OFCOM, to make an order amending the public service remits under Clause 261, the list of public service television broadcasting requirements set out at Clause 260(3) and the list of more detailed requirements set out at subsections (4) and (5) of Clause 260. Both OFCOM and the Secretary of State will be under an obligation to consult such public service broadcasters as are likely to be affected by the remit change being proposed. OFCOM must also consult members of the public. Any such order made by the Secretary of State is subject to the affirmative resolution procedure.

Must-offer obligation in relation to satellite services

105.  Clause 269(1) requires OFCOM to include in the licences for every licensed public service channel, the public teletext service and every other licensed television service specified, in an order made by the Secretary of State, conditions which they consider appropriate for securing the following three objectives:

  • that digital channels or services to which this Clause applies are offered for inclusion in every satellite television service available for reception in the whole or a part of the United Kingdom;
  • that each channel or service provider of those channels or services enters into arrangements which ensure that their digital channels or services and any related ancillary services are included in satellite television services available for reception by as many members of the intended audience for a given service as possible; and
  • that such arrangements prohibit the charge being imposed for the reception of the channel or service provider from charging for reception of their channels or services.

106.  When making an order under this Clause, the Secretary of State must comply with the negative resolution procedure.

Must-provide services for the purposes of s.270

107.  Clause 271 provides that the list of must-provide services for the purposes of Clause 270 includes: every digital television programme provided by the BBC (in relation to which OFCOM have functions); the Channel 3 services, Channel 4, Channel 5 services in so far as any of them are provided in digital form S4C Digital and the digital public teletext service. Clause 271(2) provides that the Secretary of State may by order amend the list of must-provide services. When making an order under this Clause, the Secretary of State must comply with the negative resolution procedure.

Programming quotas for independent productions

108.  Clause 273 provides that OFCOM are to include conditions in the licences of all public service channels in order to secure that at least 25 per cent of the time allocated to the broadcasting of qualifying programmes on that channel is allocated to the broadcasting of a range and diversity of independent productions. "Qualifying programmes" and "independent productions" are defined as such by the Secretary of State by order under Clause 273 (2). The Secretary of State also has the power, under Clause 273(3), to amend the percentage of time allocated to the broadcasting of qualifying programmes under subsection (1). Clause 273(4) gives the Secretary of State a power to provide, by order, that every broadcasting licence for a public service channel, includes a condition requiring that in each year the programming quota for independent productions is met. (see subsection (5)). The Secretary of State cannot make an order to include or exclude conditions falling within subsections (1) or (5) unless it gives effect to a recommendation by OFCOM Before making any orders under this clause, the Secretary of State must consult OFCOM, the BBC and the Welsh Authority. All orders under this Clause are subject to the affirmative resolution procedure.

Programming quotas for original productions

109.  Clause 274 requires OFCOM to include conditions in the licences of all public service channels in order to secure that an appropriate amount of airtime is allocated to original productions and that the time allocated is divided appropriately between peak viewing times and such other times. Clause 274(6) permits the Secretary of State to define the programmes that are to be considered original productions for the purposes of Clause 270. Clause 274(7) permits any order made under subsection (6) to grant OFCOM a power to make judgements for the purposes of applying the definition of an original production. Before making such orders, the Secretary of State must consult OFCOM, the BBC and the Welsh Authority. Any order under this Clause is subject to the affirmative resolution procedure.

Power to repeal Channel 3 news provider provisions

110.  Clause 277(1) permits the Secretary of State, on OFCOM's recommendation or after consultation with OFCOM, to remove the news provider arrangements for Channel 3, by repealing Clause 276 and section 32 of the Broadcasting Act 1990. Unless simply giving effect to recommendations made by OFCOM, the Secretary of State must consult OFCOM before making an order under this Clause. Any order made under Clause 277(1) must comply with the affirmative resolution procedure.

News providers for Channel 5

111.  Clause 278(1) allows the Secretary of State, where appropriate to do so and after consultation with OFCOM, to require by order news programmes included in Channel 5 to be provided by a person appointed as a news provider. This power under Clause 278(1) includes the power to make provisions that correspond to the news provider provisions for Channel 3 services under Clause 276 and section 32 of the Broadcasting Act 1990, with such modifications as the Secretary of State see fit. Unless simply giving effect to recommendations made by OFCOM, the Secretary of State must consult OFCOM before making an order under this Clause. The power cannot be exercised unless the Secretary of State is satisfied that Channel 5's audience share is broadly equivalent to that of Channel 3. Any order made under Clause 278(1) must comply with the affirmative resolution procedure.

Categorisation of listed events

112.  Clause 294 amends section 97 of the Broadcasting Act 1996 to provide for the existing concept of 'listed events' to be divided into two categories, called 'Group A' and 'Group B'. Listed events are sporting or other events of national interest, which the Secretary of State has listed administratively under a new section 97(1) of the Broadcasting Act 1996 for the purpose of attracting the legal consequences provided for by Part 4 of the 1996 Act (which is amended by clauses 295-297). The amendment requires all listed events to be allocated to one of these groups. When an event is listed, the Secretary of State will allocate it to a group and she may decide to move a listed event from one group to another, subject to the same consultation requirements that already apply to a decision to list an event. The existing requirement to consult the ITC is replaced by one to consult OFCOM. The new subsection (5B) inserted by Clause 294(4) enables the Secretary of State to direct, for transitional purposes, that the transfer of a Group B event to Group A is not to affect the application to that event of provisions of Part 4 of the 1996 Act relating to a Group B event.

Regulations about coverage of listed events

113.  Clause 297(1) inserts a new section 104ZA into the Broadcasting Act 1996 enabling OFCOM to make regulations for determining, for the purposes of Part IV of that Act, first, the circumstances in which the televising of listed events is, or is not, to be treated as live and secondly, what is to be taken to represent the provision of adequate alternative coverage (the first function was formerly one of the Code drawn up under section 104, and the second is relevant to the amendment of section 101 made by Clause 295 of the Bill). When making regulations under Clause 297(1), OFCOM must comply with the procedure set out in Clause 396.

Power to modify targets in section 298

114.  Clause 298 provides that OFCOM are to draw up, publish and maintain a code giving guidance as to the extent to which the services to which the section applies should promote the understanding and enjoyment by those who are deaf or hard of hearing, and blind or partially sighted. Subsections (2) and (3) set out the targets for the proportion of programmes contained in those services set out at subsection (10) that shall, within 10 years of the 'relevant date', be respectively subtitled, audio-described, and presented in or translated into sign language. Clause 301(1) provides that the Secretary of State, following consultation with OFCOM, may by order vary the target percentages set out in Clause 298(3). She may also extend the deadline for those targets to be reached and include additional obligations in the code. Such an order is subject to the affirmative resolution procedure.

Quotas for independent programmes

115.  Clause 303 provides that OFCOM are to include in every licence for a digital television programme service that is not comprised in a licensed public service channel conditions that at least 10 per cent of the time allocated to the broadcasting of qualifying programmes in the service is allocated to the broadcasting of a range and diversity (judged both in terms of the types of programmes involved and of the cost of their acquisition) of independent productions. Under clauses 303(2) and (3), the Secretary of State may by order, having consulted OFCOM, vary this percentage and determine what are to be considered "qualifying programmes" and "independent productions". Any order under this Clause is subject to the affirmative resolution procedure.

Code of practice for electronic programme guides

116.  OFCOM must draft and maintain a code of practice for the provision of electronic programme guides. This may extend to ensuring that programmes on public service channels are adequately listed or promoted in, and made accessible from, the guide. For the purposes of these provisions the public service channels are: any service of television programmes provided by the BBC in digital form so as to be available for reception by members of the public, any Channel 3 service in digital form, Channel 4 in digital form, Channel 5 in digital form, S4C digital, the digital public teletext service. Clause 304(4) provides the Secretary of State with a power to amend this list by order. Before making such an order, the Secretary of State must consult OFCOM and if she then proceeds to make an order she must comply with the negative resolution procedure.

Objectives for advertisements and sponsorship

117.  Programme content standards set by OFCOM under Clause 312 must ensure that the inclusion of unsuitable advertising in television and radio is prevented. Clause 314 deals with the specific objectives for advertisements and sponsorship. Subsection (1) requires the standards set by OFCOM to include general provisions about the required standards in advertising and sponsorship and permits OFCOM to prohibit advertisements and methods of advertising and sponsorship.

118.  Subsection (4) imposes on OFCOM a general responsibility, with regard to advertising and sponsorship. To fulfil this responsibility, OFCOM are permitted to impose licence conditions that go further than the specific terms of OFCOM's standards code. This Clause also provides for consultation between the Secretary of State and OFCOM on what advertising should not be included in a programme service and the forms and types of advertising and sponsorship that should not be used. Clause 314(6) provides that the Secretary of State has a power to issue directions (which OFCOM must comply with) on any of these matters.

Modification of matters to be taken into account under s. 312

119.  Clause 312 places OFCOM under a duty to set standards for the content of television and radio services, which shall be contained in a code or codes. In setting the codes, OFCOM are under a duty to have regard to the factors set out in subsection (4). These concern the degree of harm or offence likely to be caused by the content of programmes; the probable size and composition of the audience; the expectation and state of awareness of the audience as to a programme's content; the danger of accidental exposure of a person to content, the nature of which they were unaware and the desirability of the content of a programme being left in the hands of its editors. Clause 316(1) provides that the Secretary of State, following consultation with OFCOM, may by order modify the factors set out in Clause 312(4) to be considered by OFCOM when setting or amending standards codes. Such an order is subject to the affirmative resolution procedure.

Proscription orders

120.  Clause 322(4) provides that where the Secretary of State has been notified by OFCOM that a foreign television or sound service repeatedly contains programmes with content that offends taste and decency, incites crime or disorder or is offensive, she may issue an order to proscribe the service, provided it is in the public interest and compatible with the international obligations of the United Kingdom. Under Clause 323, a proscribed service may not be carried on any multiplex or included in any cable television package of channels. Such an order is subject to the negative resolution procedure.

Penalties for contravention of notification under s.324

121.  OFCOM may impose a penalty on any multiplex service provider or cable packager who contravenes a requirement notified by OFCOM under Clause 324. Any fine imposed must be appropriate and proportionate to the contravention and in any case may not exceed £5,000 per day for each day that a multiplex service provider or cable packager includes a proscribed service in contravention of a notification made under Clause 324. Under Clause 325(7) the Secretary of State may, by order, amend the maximum penalty under this Clause. Such an order is subject to the affirmative resolution procedure.

Government requirements for licensed services

122.  Under Clause 329(1) the Secretary of State, or any other Minister of the Crown, has the power by notice to require OFCOM to issue a direction to licence holders to include a particular announcement in their service at specified times. In addition, Clause 329(5) provides that the Secretary of State alone may require OFCOM to direct licence holders to refrain from including any particular matter in their services.

Promotion of equal opportunities and training

123.  Clause 330 provides that licence holders shall be required by OFCOM to promote equal opportunities as between men and women and as, between different races, in relation to their employment with the licence holder. Conditions must also require the licence holder to make arrangements for the fair treatment of disabled people in relation to such employment. Those licence holders that employ fewer than the threshold number of people (20) or broadcast for fewer than the threshold number of days per year (31) are not caught by these provisions. Clause 330(8) provides that the Secretary of State may, by order, add any other form of equality of opportunity that she considers appropriate, and amend either of the threshold numbers specified above. When making an order under Clause 330(8), the Secretary of State must comply with the affirmative resolution procedure.

Directions to Welsh Authority to take remedial action

124.  Paragraph 3(1) of Schedule 12 provides that the Welsh Authority is under a duty to ensure that S4C, S4C Digital and any other public television service they provide fulfil their public service remits. Under Clause 332 the Secretary of State may review the Welsh Authority's performance in this regard, but not within five years of the passing of the Bill. Any subsequent review must not be undertaken within a further five-year period. The Secretary of State must publish a report of her conclusions after each review. Clause 333(2) provides that, if the review reveals that, without reasonable justification the Welsh Authority has not properly performed its duty, the Secretary of State may direct the Welsh Authority to take remedial action. However, the Secretary of State shall not give such a direction unless, having consulted with the Welsh Authority, a draft of the proposed direction has been laid before Parliament and approved by the affirmative resolution procedure.

Imposition of penalties on the Welsh Authority

125.  This Clause gives OFCOM the power to fine the Welsh Authority where they are satisfied that a contravention of any requirement listed in subsection (1) has occurred. Broadly, these include Tier 1 or Tier 2 obligations relating to programme quotas, news and current affairs the code for programme commissioning, programming standards, advertising or sponsorship, complaints procedure publicity, monitoring of programmes, international obligations, assistance for the disabled and fairness. The maximum fine is £250,000. Under Clause 334(6), the Secretary of State may increase the maximum penalty by order. When making an order under Clause 334(6), the Secretary of State must comply with the affirmative resolution procedure.

Contraventions recorded in Welsh Authority's annual report

126.  Clause 335 amends Schedule 6 to the Broadcasting Act 1990 to ensure that any notifications given to the Welsh Authority by OFCOM about contraventions by the Authority of either of the Broadcasting Acts or Part 3 of this Bill are recorded in the Welsh Authority's annual report. Under this amendment, the Secretary of State has the power to direct the inclusion of information relating to the Welsh Authority in its annual report.

Modification of disqualification provisions

127.   Clause 340 amends Part 2 of Schedule 2 to the Broadcasting Act 1990 to broaden the types of licence in relation to which OFCOM is permitted to consider applications from religious organisations. Examples of the types of licences include restricted service licences, digital programme licences, digital additional services licences and licences to provide television licensable content services. Clause 340(5) permits the Secretary of State, following consultation with OFCOM (unless the order is confined to giving effect to a recommendation made by OFCOM under Clause 384), to make an order amending or repealing these provisions. Any order made under Clause 340(5) is subject to the affirmative resolution procedure.

Restrictions in relation to nominated news providers

128.  Clause 343 amends the media ownership rules in relation to nominated news providers. Subsection (1) allows a person to hold up to a 40 per cent interest in the nominated news provider, replacing the existing limit of 20 per cent. Subsection (2) (which amends section 32(10)) explains that the 40 per cent limit applies to a participant who holds a regional Channel 3 licence as if all such licence-holders, together with the persons connected with each of them, were one person. The effect is that ITV licence holders between them can hold no more than a 40 per cent share. Other participants are also considered to be the same person as those connected with them. Clause 343(3) gives the Secretary of State order-making powers to repeal or modify any of the restrictions on ownership of the nominated news provider. Any order must be made either on the recommendation of OFCOM or after consulting OFCOM. It is also subject to the affirmative resolution procedure.

Meaning of "available for reception by members of the public"

129.  This Clause defines "available for reception for members of the public" in such a way as to exclude 'one to one' services delivered by cable, satellite or by means of a multiplex service. Examples of such services include internet and video-on-demand services where an individual viewer requests an individual library item such as a film. Under Clause 354(7) the Secretary of State may by order modify Clause 354 having regard to: the public's expectations of protection as regards the contents of television programmes; the extent to which members of the public are able to make use of facilities for exercising control over the programmes accessed; the practicability of applying different levels of regulation for different services; the financial impact of any proposed modifications on service providers and technological developments. Any order made under Clause 354(7) is subject to the affirmative resolution procedure.

Licence required for use of TV receiver

130.  Clause 356 prohibits the installation or use of a television receiver without a TV licence issued by the BBC, and makes it an offence, punishable by a fine, for any person to: (a) install or use a television set without a TV licence; or (b) possess a television set, intending to install or use it without a TV licence, or knowing (or having reasonable grounds for believing) that another person intends to install or use it without a TV licence. Clause 356(6) gives the Secretary of State the power to make regulations exempting from the requirement of a licence, the installation or use of television receivers of certain descriptions, by certain categories of person in certain circumstances and for certain purposes. Any regulations made under Clause 356 are subject to the negative resolution procedure.

TV licences

131.  Clause 357(1) provides that the BBC has the power to issue TV licences. The BBC may include in TV licences such conditions and restrictions as it thinks fit, but must attach such conditions and restrictions as the Secretary of State directs, and may not attach any conditions expressly prohibited by a direction issued by the Secretary of State. It shall be the duty of the BBC to revoke or modify a TV licence if directed to do so by the Secretary of State. Any direction by the Secretary of State under this section may be given either generally in relation to all TV licences or in relation to a particular licence.

TV licence fees

132.  Clause 358(1) permits the Secretary of State - subject to obtaining the consent of the Treasury - to make regulations setting the fees payable by licensees to the BBC: (a) on the issue or renewal of a TV licence, and (b) in such other circumstances as the Secretary of State provides for in the regulations. Regulations may also allow for concessions, and provide for payment of the licence fee by instalments.

Interpretation of provisions about dealer notification

133.  Clause 360(2) replaces the definitions of "television dealer", "television programme" and "television set" in section 6 of the Wireless Telegraphy Act 1967, enabling the Secretary of State, by regulations, to define a television dealer and a television set for the purposes of the dealer notification requirements of the Wireless Telegraphy Act 1967. The apparatus specified in regulations defining television sets may include software used in association with it.

Meaning of "television receiver" etc.

134.  Clause 361(1) defines a television receiver as apparatus of a description defined by the Secretary of State, by order, as a television receiver. Such an order is subject to the negative resolution procedure.

Matters in relation to which OFCOM have competition etc. functions

135.  Clause 362 explains the expression "communications matters" as it is used throughout this Part. The significance of this definition is that it determines the scope of OFCOM's concurrent powers under the Competition Act 1998 and Fair Trading Act 1973 as set out in Part 5 of the Bill. Clause 362(2) gives the Secretary of State a power by order to amend this definition. This allows the Secretary of State sufficient flexibility to ensure that nothing that should be captured by the definition of "communication matters" escapes that definition. An order under this Clause is subject to the affirmative resolution procedure.

Adaptation of role of OFT in initial investigations and reports

136.  Clause 369 amends section 44 of the Enterprise Act 2002 to adapt the role of the Office of Fair Trading in relation to mergers where a newspaper public interest consideration has been specified in an intervention notice. Clause 369(3) inserts new sections 44(8), (9) and (10) in the Enterprise Act 2002. New section 44(10) Enterprise Act 2002 sets out a power for the Secretary of State to amend the definition of a newspaper by order. This power is designed to deal with future developments in the nature of the newspaper markets or with a recommendation by OFCOM under its duty in clause 384 to review the media ownership provisions that might mean that the scope of the newspaper public interest consideration should be redefined by amending the meaning of a newspaper. Any order under new section 44(10) is subject to the affirmative resolution procedure.

Extension of special public interest regime for certain newspaper mergers

137.  Clause 371 amends section 59 of the Enterprise Act 2002 to extend the special public interest intervention process described in that section. This will enable the Secretary of State to intervene on specified public interest grounds in certain mergers that do not meet either of the standard share of supply or turnover jurisdictional thresholds (set out in section 23 of the Enterprise Act 2002), provided that one of the parties to the merger has at least 25% of the share of supply of newspapers of any description in the UK (or in a substantial part of the UK). Clause 371(3) inserts new section 59(6E) Enterprise Act 2002, which gives the Secretary of State the power to amend this newspaper share of supply test by order. This mirrors the power in section 123 of the Enterprise Act 2002 to amend the general share of supply test and ensures that the two thresholds can remain aligned.

Review of Media Ownership Rules

138.  Clause 384(5) gives the Secretary of State powers in relation to news provision to make orders under clauses 277, 278 and 342(3). Further information on these powers is provided in this memorandum under the relevant Clauses (see ss 86, 87 and 105).

General restrictions on disclosure of information

139.  Clause 386 imposes limits on the disclosure of information relating to the affairs of any particular business obtained under this Bill. Subsection (1) prohibits the disclosure of such information while the business in question is still being carried on, unless consent has been obtained from the person carrying on that business. Subsection (2) provides for a limited number of exemptions from this prohibition where the disclosure satisfies certain criteria. One example of an exempt disclosure is that required to facilitate the carrying out by Ministers, the DGFT, the Competition Commission, the Consumer Panel or a local weights and measures authority of 'relevant functions' under this Bill or other specified enactments. Clause 386(3)(i) provides that this exemption can be extended to such other person as is specified by an order made by the Secretary of State. Clause 386(4)(c) provides that 'relevant functions' shall include such other functions as are specified by an order made by the Secretary of State. Any order under this Clause is subject to the affirmative resolution procedure.

Timing and location of things done electronically

140.  Clause 389(1) enables the Secretary of State to make, by order, provisions for determining the times and places at which things are done electronically under this Bill, the Office of the Communications Act 2002, the enactments relating to radio spectrum management not contained in this Bill, Schedule 2 to the Telecommunications Act 1984 and the Broadcasting Acts 1990 and 1996. The Secretary of State may also specify how anything carried out electronically for the purposes of those Acts, including any requirements relating to time and place, may be proved in legal proceedings. The Secretary of State must comply with the negative resolution procedure when making an order under Clause 389.

Power of Secretary of State to make orders and regulations

141.  Clause 395 sets out how the Secretary of State is to exercise her powers to make orders or regulations under the Bill (other than those conferred by Schedule 4) and additional provisions in respect of these powers.

Regulations and orders made by OFCOM

142.  Clause 396 sets out how OFCOM are to exercise their powers to make orders or regulations under the provisions in the Bill and provisions inserted in other Acts which apply this Clause, and makes additional provision in respect of these powers. The orders and regulations concerned must be made by statutory instrument; and where the provision in the Bill and provisions inserted in other Acts under which the instrument is made provides for it to be laid before Parliament, OFCOM must send it to the Secretary of State for that to be done. Subsection (6) provides that OFCOM must allow a period of at least one month for representations to be made on any proposal by them to make an order or regulations under a provision in the Bill and provisions inserted in other Acts which apply this Clause.

Minor and consequential amendments, transitional provisions and repeals

143.  Clause 398 gives effect to Schedule 17, which provides for amendments to other legislation, and Schedule 18, which contains transitional provisions in connection with other legislation.

144.  Clause 399(2) allows the Secretary of State to make consequential amendments by order to any enactment passed before this section of the Communications Bill is brought into force, provided they correspond to amendments made in Schedule 17 and appear to her to be appropriate in consequence of any provision of the Bill. Clause 399(3) provides that the Secretary of State may by order substitute a reference to something defined for the purposes of the Bill (or any provisions contained in it) for a reference to something equivalent or similar that was defined for the purposes of the Telecommunications Act 1984 or of the provisions contained in that Act. Clause 399(4) provides that the Secretary of State may by order make such consequential amendments to any local enactment or subordinate legislation in consequence of any provision of the Bill. Any order made under Clause 399 must comply with the negative resolution procedure.

Pre-consolidation amendments

  1. Clause 400(1) permits the Secretary of State by order to modify enactments relating to the management of the radio spectrum (as defined in Clause 398) and the Broadcasting Acts 1990 and 1996, Part 3 of the Bill and other provisions dealing with broadcasting in the Bill for the purpose of subsequent consolidation. No order may be made unless a Bill for repealing and re-enacting the modified enactments or related enactments has been presented to Parliament. Any order made under Clause 400 is subject to the affirmative resolution procedure.



 
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