Select Committee on Delegated Powers and Regulatory Reform Fourteenth Report


Annex A

List of Clauses Containing Delegated Powers in the Communications Bill
Clause Number Heading Summary of Power Procedure for exercise
5(2)Directions in respect of networks or spectrum functions Power of SoS to give general or specific directions to OFCOM Any direction must be published in such manner as is appropriate to bring it to the attention of persons likely to be affected by it
9(2)Secretary of State's powers in relation to promptness standards Power of SoS to give a direction requiring OFCOM to issue or revise their promptness standards in accordance with the terms of the direction None. However, the SoS must comply with the requirements set out in Clause 9
18(1)Power to amend remit of Consumer Panel Power of SoS by order to modify subsection (3) of section 15 so as to add to the matters about which the Consumer Panel is required to give advice Affirmative SI
19(1) Representation on international and other bodies Power of the SoS to require OFCOM to represent the UK on international and other bodies having communications functions, to become or serve as a member of such bodies, to subscribe to such bodies and to represent the UK at international meetings about communications None
19(2)Representation on international and other bodies Power of SoS to request OFCOM to handle the issues falling within subsection 19(1) in respect of the Channel Islands, the Isle of Man or a British overseas territory None
19(3)Representation on international and other bodies Power of SoS to direct OFCOM to carry out their functions under subsections (1) and (2) in accordance with her directions None
20(4)Directions for international purposes in respect of broadcasting functions Power of SoS by order to issue general or specific directions to OFCOM for the purpose of securing compliance with international obligations in respect of broadcasting functions of the UK Negative SI
21(1)Provision of information to the Secretary of State Power of SoS to direct OFCOM to provide her with information reasonably required for the purpose of securing compliance with an international obligation of the UK None

24(6) Training and equality of opportunity Power of SoS to add by order other forms of equality of opportunity that OFCOM must take steps to promote in relation to the employment by those providing television and radio services and the training and retraining of persons for such employment Affirmative SI
26(4) Secretary of State guarantees for OFCOM borrowing Power of SoS to substitute an amount in relation to the maximum she can guarantee on repayments of the principal of any borrowing by OFCOM, any interest on such borrowing of OFCOM or any financial obligation incurred by OFCOM Affirmative SI
27(1) Transfers of property etc. from pre-commencement regulators Power of SoS by direction to require the pre-commencement regulators to make one or more schemes relating to the transfer of property, rights and liabilities to OFCOM None but any scheme can only be in relation to the property, rights and liabilities of the pre-commencement regulators
28(2) Transitional functions and abolition of pre-commencement regulators Power of SoS to give directions concerning the steps to be taken by the pre-commencement regulators to ensure OFCOM is able effectively to carry out its functions from the time when they are vested in OFCOM None
28(4) Transitional functions and abolition of pre-commencement regulators Power of SoS by order to appoint that the Office of the DGT shall be abolished and to determine the DGT, BSC, ITC and RAU shall cease to exist SI
28(5) Transitional functions and abolition of pre-commencement regulators Power of SoS by order to appoint that section 54 of the Telecommunications Act 1984 (which provides for the establishment of advisory bodies) shall cease to exist SI
30(2) Advance notification to OFCOM Power of OFCOM to designate a description of networks, services or facilities, the provision of which must be notified in advance to OFCOM OFCOM must designate the description of networks, services or facilities
34(10) Penalties for contravention of s30 Power of SoS to amend the maximum penalty that may be imposed on communications providers who, where required, fail to provide advance notification to OFCOM Affirmative SI

41(4) Duty of OFCOM to keep publicly accessible register Power of OFCOM to prescribe by order the hours during which and on payment of such fees the register of designations and providers will be available for public inspection As set out in Clause 396
42(1) Power to set conditions Power of OFCOM to set conditions OFCOM must publish the proposed conditions and consider any representation made and any international obligations
48 General Conditions Duty on OFCOM to set general conditions As in Clause 42
49 General Conditions Duty on OFCOM to set general conditions as they consider appropriate for securing that public communications providers establish and maintain procedures, standards and policies regarding complaints and disputes As in Clause 42
52(1) Orders by OFCOM in the absence of conditions under s49 Power of OFCOM by order to make provisions imposing requirements on public communications providers with respect to customer complaints and disputes, their enforcement and such other arrangements Negative SI and as set out in Clause 396. In addition, the consent of the Secretary of State is required
53(7) The National Telephone Numbering Plan Power of SoS by order to exclude numbers that are to be treated as telephone numbers for the purposes of Chapter 1 Affirmative SI
54(1) The National Telephone Numbering Plan Power of OFCOM to set general conditions that ensures that every end-user is able to communicate with every normal telephone number As in Clause 42
55 The National Telephone Numbering Plan Power of OFCOM to set conditions in relation to allocation, adoption, use and transfer of telephone numbers As in Clause 42
56 The National Telephone Numbering Plan Power of OFCOM to set conditions in relation to numbering As in Clause 42
61(5) Must-carry obligations Power of SoS by order to set the maximum and minimum proportions of available capacity that must be used by network providers in meeting their must-carry obligations Negative SI.

However, the SoS must consult OFCOM and any others likely to be affected

61(9) Must-carry obligations Power of SoS to modify by order the list of must-carry services Negative SI However, the SoS must first conduct a review of the list of must-carry services and the requirements relating to the terms on which services must be broadcast or otherwise transmitted
61(11) Must-carry obligations Power of SoS by order to make provision imposing requirements as to the terms, as between the person providing the service and the person providing the network, on which a service is to be broadcast Negative SI. However, if this power is being used without their having been a review under subsection (7) the Secretary of State must consult OFCOM and any others likely to be affected
62(1) Obligations to be secured by universal service conditions Power/duty of SoS to issue a notice setting out the scope of "universal service" Negative SI. The SoS must also consult OFCOM and such other persons as she considers appropriate before making an order
63(1) Designation of universal service providers Power of OFCOM by regulations to make provision for the designation of the person whom universal service conditions are to be applicable As set out in Clause 396
64 Universal Service Conditions Power of OFCOM to set conditions to secure compliance with the universal compliance order under Clause 62 As in Clause 62
68(4) Sharing burden of universal service obligations Power of OFCOM to make determinations by regulation under Clause 68 As set out in Clause 396
70 Access-related conditions Power of OFCOM to set access-related conditions As in Clause 62
74 Privileged supplier conditions Power of OFCOM to set privileged supplier conditions As in Clause 62
82(6) Review of apparatus market identifications and determinations The power of the Secretary of State by order to remove or restrict OFCOM's power to set SMP apparatus conditions in relation to an identified market where OFCOM have concluded that no person has SMP in that market Negative SI
84-89 SMP conditions Power of OFCOM to set SMP conditions As set out in Clause 84
94(3) Amount of penalty under section 93 Power of SoS to determine the rules used to calculate the relevant turnover for the purposes determining the penalties to be paid for contravention of the conditions of entitlement Affirmative SI
103(5) Application of the electronic communications code Power of OFCOM to specify that the code is to apply to a person concerned only in relation to particular places, or particular networks or parts of networks or particular conduit systems or parts of conduit systems As set out in Clause 396
103(6) Application of the electronic communications code Power of SoS to amend the minimum compensation that shall be payable by an electronic communications code operator when it exercise a right conferred by paragraphs 1 to 15 of the electronic communications code Negative SI
106(1) Restrictions and conditions subject to which code applies Power of SoS to issue regulations imposing restrictions and conditions subject to which the electronic communications code is to have effect Negative SI.

The SoS must also consult OFCOM and such other persons as she considers appropriate

109(10) Penalties for contravention of code restrictions Power of SoS to amend the maximum penalty for contravention of code restrictions Affirmative SI
113(8) Notification of cessation by person to whom code applies Power of SoS to amend the maximum penalty for failure of an electronic communications network provider to notify OFCOM that it has ceased to provide a network Negative SI
114(1) Transitional schemes on cessation of application of code Power of OFCOM by order to make transitional schemes where the electronic communications code has ceased or will cease to apply to an operator As set out in Clause 396
117(1) Power to set conditions in relation to premium rate services Power of OFCOM to set conditions in relation to the regulation of premium rate services As set out in Clauses 42, 45 and 46
118(1) Approval of the Code Power of OFCOM to approve the Code for the regulation of premium rate services Must give notification
119(1) Orders by OFCOM in the absence of a code under s118 Power of OFCOM by order to impose requirements with respect to the content and provision of premium rate services and their enforcement where there is no code under Clause 118 As set out in Clause 396 and negative SI. The consent of the SoS is also required
120(4) Enforcement of s116 conditions Power of SoS to amend the maximum penalty for contravention of conditions set under Clause 117 Affirmative SI
125(8) Notification of misuse of networks and services Power of SoS by order to specify uses of an electronic communications network or an electronic communications service that shall not be treated as a misuse of a network or service Negative SI
127(9) Penalties for persistent misuse Power of SoS to amend the maximum penalty for persistent misuse of an electronic communications network or service Affirmative SI
129(1) Powers to require suspension or restriction of a provider's entitlement Power of SoS to direct OFCOM, where necessary in the interests of public safety, public health or national security to issue a direction None
129(9) Powers to require suspension or restriction of a provider's entitlement Power of SoS to revoke direction issued by OFCOM in accordance with a direction of the SoS issued under Clause 129(3) None
131(6) Restrictions in leases and licences Power of OFCOM by order to exclude certain provisions in leases, licences and other premise-related agreements falling within the remit of Clause 131 As set out in Clause 396
131(8) Restrictions in leases and licences Power of SoS by order to specify that a public electronic communications network is a relevant electronic communications network for the purposes of this clause None
131(9) Restrictions in leases and licences Power of OFCOM by order to apply the provisions of Clause 131 to leases, licences or other premise-related agreements entered into before the commencement of Clause 131 As set out in Clause 396
136(9) Penalties for contravening information requirement Power of SoS to amend the maximum penalty that may be imposed for contravention of a request to provide information Affirmative SI
153(1) Directions with respect to the radio spectrum Power of SoS by order to give general or specific directions to OFCOM about the carrying out of its functions under the enactments relating to radio spectrum management The SoS must comply with the procedure specified in Clause 154
156(1) Grant of recognised spectrum access Power of OFCOM to specify in regulations the circumstances when a person is proposing or continuing to use a station or apparatus for wireless telegraphy will need to apply for a grant of recognised spectrum access As set out in Clause 396

158(3) Charges in respect of grants of recognised spectrum access Power of OFCOM by regulations to provide that, in specified cases, applications for grants of recognised spectrum access must be made in accordance with a bidding procedure As under WTA 1998
159(1) Conversion into and from wireless telegraphy licences Power of OFCOM to make regulations dealing with the conversion of a wireless telegraphy licences into a grant of recognised spectrum access and vice versa As set out in Clause 396
161(1) Limitations on authorised spectrum use Obligation of OFCOM to impose by order limitations on the number of wireless telegraphy licences or grants of spectrum access As set out in Clause 396
161(7) Limitations on authorised spectrum use Duty of OFCOM to make an order revoking or amending any provision of an order made under Clause 161 to secure the efficient use of the electro-magnetic spectrum As set out in Clause 396
163 Exemption from need for wireless telegraphy licence Power of OFCOM to make regulations under section 1 of the Wireless Telegraphy Act 1949 exempting the establishment, installation and use of any station or apparatus of any description specified in the regulations Under the Wireless Telegraphy Act 1949
164 Spectrum Auctions Power of OFCOM to set regulations As set out in Clause 396
165(1) Spectrum trading Power of OFCOM to authorise the transfer by a wireless telegraphy licensee or holder of a grant of recognised spectrum access to another person As set out in Clause 396
167(1) Wireless telegraphy register Power of OFCOM by regulations to provide for the establishment and maintenance of a register of information relating to wireless telegraphy licences and grants of recognised spectrum access As set out in Clause 396
173(4) Amount of penalty under section 172 Power of SoS to substitute the figure of £250,000 in Clause 173(1)(a). Clause 173 relates to maximum penalties for contraventions by multiplex holders Affirmative SI
174(4) "Relevant amount of gross revenue" for the purposes of s173 Power of SoS by order to determine the rules for calculating "gross revenue" and revenue attributable to the provision of a service relevant for the purpose of determining the penalties for contraventions by multiplex holders Affirmative SI

181(1) Modification of definition of "wireless telegraphy" Power of SoS by order to modify the definition of "wireless telegraphy" in section 19(1) the Wireless Telegraphy Act 1949 by substituting a different frequency for the frequency specified in section 19(1), at the time the Communications Bill is passed Affirmative SI
182(4) References of disputes to OFCOM Power of OFCOM to decide how such disputes are to be referred None
189(3) and (4) Appeals against decisions by OFCOM, the Secretary of State etc Rules made by the SoS in relation to the Competition Appeal Tribunal Negative SI
190(2)(a) and (b) Reference of price control matters to the Competition Commission Rules made by the SoS in relation to the Competition Appeal Tribunal Negative SI
195(6) Functions of OFCOM in relation to the BBC Power of SoS to amend the maximum penalty that may be imposed on the BBC for contraventions of Part 3 of the Bill or Part 5 of the Broadcasting Act 1996 Affirmative SI
199(1) Borrowing limit for C4C Power of SoS by order to limit the borrowing that C4C is allowed to undertake Negative SI. Before making an order under this Clause, the SoS must consult with C4C and obtain the consent of the Treasury
201(8) Welsh Authority's function of providing S4C and S4C Digital Power of SoS may by order modify the Bill and such other enactments for the purposes of replacing the requirement of the Welsh Authority to provide S4C with a requirement to provide a service in digital form; requiring the Welsh Authority to secure that arrangements are made for S4C and S4C Digital to be merged; and applying enactment relating to the provision of S4C and S4C Digital to the provision of the merged service Negative SI
202(1)(b) Powers to provide other services Power of SoS to approve by order the provision of television programme services by the Welsh Authority Negative SI

203(2) and (3)Other activities of Welsh Authority Power of SoS by order to permit the Welsh Authority to carry out activities carried out in association with or connected with the provision of S4C, S4C Digital and any other service approved by the SoS under Clause 202 Negative SI
204(7)Welsh Authority finances Power of SoS by order under section 61(4) of the Broadcasting Act 1990 Affirmative SI
206The Gaelic Media Service Power of SoS to amend a reference to the GDA under this clause Negative SI
211(3)Conditions in relation to Analogue broadcasting Directions made by SoS about the continuation of analogue broadcasting services None
221(2)Meaning of "initial expiry date" Power of SoS by order to postpone the date on which the Channel 3, Channel 5 and public teletext licences will expire Negative SI
227(2)Orders suspending right of renewal Power of SoS by order not to renew licences Affirmative SI. Order must be made at least 18 months before the end of the current licensing period
228(3) and (4)Conditions in relation to Analogue broadcasting Directions made by OFCOM about the continuation of analogue broadcasting services in relation to the licence for C4C None
231(1)Modification of ss 229 and 230 Power of SoS to modify by order the provisions of Clause 229 and 230 Affirmative SI
234(9)Financial penalties in respect of licence contraventions etc Power of SoS by order to substitute the sum specified in Clause 234(3)(a) Affirmative SI
240(1)Powers where frequencies reserved for qualifying services Powers of SoS to order the modified application of certain provisions of the Broadcasting Act 1996in relation to multiplex licences, the award and grant of such licences Negative SI
241(1)Local digital television services Power of SoS by order to provide for any of the provisions of Part 3, or any provision of Part 1 of the 1990 Act or of Part 1 of the 1996 Act to apply with modified effect Affirmative SI
246(1)Modification of ss244 and 245 Power of SoS to modify by order Clauses 244 and 245 Affirmative SI
246(2)Modification of ss244 and 245 Power of SoS by order to provide that a description of a service specified in the order is not to be treated as a radio licensable content service for the purposes of the Communications Bill Affirmative SI

258(1) Access radio Power of SoS by order to provide for any of the provisions of Part 3 (apart from this section and the provisions relating exclusively to television) or any provision of Part 3 of the 1990 Broadcasting Act or of Part 2 of the 1996 Act (regulation of radio services) Affirmative SI
259(4) Application of regulatory regimes Power of SoS to provide by order conditions which are comprised by virtue of a provision of the Bill in the regulatory regime for any service to cease to be so comprised Affirmative SI
267(1) Power to amend public service remits Power of SoS by order to amend the public service remits set out in Clause 261, the list of public service television broadcasting requirements and the list of more detailed requirements in Clause 260 Affirmative SI. In addition, the SoS may not make an order unless OFCOM have recommended making an order in their most recent report on the fulfilment of the public service remit under Clause 260
269(1) Must-offer obligation in relation to satellite services Power of SoS by order to specify the other licensed television services (excluding all licensed public service channels and the public teletext service) to whom Clause 269 applies Negative SI
271(2) Must-provide services for the purposes of s270 Power of SoS by order to modify the list of must-distribute services Negative SI
273(2) Programming quotas for independent productions Power of SoS to specify by order the description of programmes that should be qualifying programmes for the purposes of Clause 270(1) and to specify the programmes that are treated as independent productions for the purposes of Clause 270(1) Affirmative SI. The SoS must consult OFCOM, the BBC and the Welsh Authority
273(3) Programming quotas for independent productions Power of SoS to amend the programming quota for independent productions for public service television broadcasters Affirmative SI. The SoS must consult OFCOM, the BBC and the Welsh Authority
273(4) Programming quotas for independent productions Power of SoS to provide by order that OFCOM include conditions in licences for public service channels Affirmative SI. The SoS must consult OFCOM, the BBC and the Welsh Authority

274(6) Programming quotas for original productions Power of SoS by order to specify the programmes that are considered to be original productions for the purposes of Clause 274 Affirmative SI. In addition, the SoS must consult OFCOM, the BBC and the Welsh Authority
274(7) Programming quotas for original productions Power of SoS by order to bestow on OFCOM a power to make judgements for the purposes of applying the definition of an original production Affirmative SI In addition, the SoS must consult OFCOM, the BBC and the Welsh Authority
277(1) Power to repeal Channel 3 news provider provisions Power of SoS, after consultation with OFCOM, and by order, to revoke the news provider arrangements for Channel 3 by repealing Clause 276 and section 32 of the Broadcasting Act 1990 Affirmative SI
278(1) News providers for Channel 5 Power of SoS by order to establish (where appropriate) requirements for the provision of Channel 5 news programmes that correspond to the news provider provisions for Channel 3 services, with such modifications as she sees fit Affirmative SI
294(4) Categorisation of listed events Power of SoS to direct for transitional purposes set out in the direction, the transfer of a Group B event to Group A is not to affect the application to that event of provisions of Part 3 relating to a Group B event As contained in the Broadcasting Act 1996
297(1) Regulations about coverage of listed events Power of OFCOM to make regulations about coverage of listed events for the purposes of Part IV of the Broadcasting Act 1996 As set out in Clause 396
301(1) Power to modify targets in section 298 Power of SoS to modify by order so as to substitute a later anniversary or a different percentage for those being specified in Clause 298 Affirmative SI
303(2) Quotas for independent programmes Power of SoS to specify by order what programmes are considered "qualifying programmes" and "independent productions" for the purposes of Clause 303 Affirmative SI
303(3) Quotas for independent programmes Power of SoS to amend the programming quota for independent productions for digital television programme services Affirmative SI
304(4) Code of practice for electronic programme guides Power of SoS to add to or delete from the list of services specified in Clause 304(3) as public service channels Negative SI. The SoS must also consult OFCOM
314(6) Objectives for advertisements and sponsorship Power of SoS to give directions as to the matters mentioned in Clause 314(5) to OFCOM None but the power is limited to the particular elements of broadcasting advertising referred to in Clause 314(5)
316(1) Modification of matters to be taken into account under s312 Power of SoS by order to modify the list of matters in Clause 312(4) Affirmative SI
322(4) Proscription orders Power of SoS by order to proscribe programmes by any foreign television or sound service which repeatedly contains content that offends taste and decency, incites crime or disorder or is offensive Negative SI
325(7) Penalties for contravention of notification under s324 Power of SoS to substitute in Clause 325(3) Affirmative SI
329(1) Government requirements for licensed services Power of SoS or any other Minister of the Crown to require OFCOM to direct Broadcasting Act licensees to include announcements in their licensed services None
329(5) Government requirements for licensed services Power of SoS to require OFCOM to direct holders of Broadcasting Act licences to refrain from including any specified matter in their licensed services None
330(8) Promotion of equal opportunities and training Power of SoS to amend by order by adding other forms of equality of opportunity and to amending the definition of "threshold number" in Clause 330 Affirmative SI
333(2) Directions to Welsh Authority to take remedial action Power of SoS to give Welsh Authority general or specific directions requiring it to take such steps that she considers will ensure that the Authority performs its duties properly in future Affirmative SI. The Secretary of State must also consult the Welsh Authority before laying a draft of the direction before Parliament
334(6) Imposition of penalties on the Welsh Authority Power of SoS by order to substitute the figure in Clause 334(3) Affirmative SI
335 Contraventions recorded in Welsh Authority's annual report Power of SoS to direct the inclusion of information relating to the Welsh Authority in its annual report As in the Broadcasting Act 1990
340(5) Modification of disqualification provisions Power of SoS by order amending or repealing the provisions of paragraph 2 or 2A of Part 2 of Schedule 2 to the Broadcasting Act 1990 Affirmative SI. The SoS must also consult OFCOM

343(3) Restrictions in relation to nominated news providers Power of SoS to amend or repeal any of the restrictions on the ownership of the nominated news provider for regional Channel 3 licensees Affirmative SI. The SoS must also consult OFCOM
354(7) Meaning of "available for reception by members of the public" Power of SoS by order to modify any of the provisions in Clause 354 where appropriate having regard to the factors listed in subsection (7)(a) to (e) Affirmative SI
356(6) Licence required for use of TV receiver Power of SoS by regulations to exempt from the requirement of obtaining a TV licence the installation or use of television receivers Negative SI
357(1) TV licences Power of SoS by direction to require the BBC to issue licences subject to specified restrictions and conditions None
358(1) TV licence fees Power of SoS by regulations to determine fees to be paid in relation to TV licences upon issue of the licences and in such other circumstances Negative SI. The consent of the Treasury is required before the SoS may make regulations under Clause 358
360(2) Interpretation of provisions about dealer notification Power of SoS by order to specify the persons and apparatus falling within the definitions of "television dealer" and "television set" for the purposes of section 6(1) of the Wireless Telegraphy Act 1967 As stated in the Wireless Telegraphy Act 1967
361(1) Meaning of "television receiver" etc. Power of SoS by order to specify, respectively, the persons and apparatus falling within the definitions of "television dealer" and "television set" in Section 6(1) of the Wireless Telegraphy Act 1967 Negative SI
362(2) Matters in relation to which OFCOM have competition etc. functions Power of SoS to amend by order the scope of "communications matters" over which OFCOM will have powers under certain provisions of the Competition Act 1998 and the Fair Trading Act 1973 Affirmative SI
369(3) Adaptation of role of OFT in initial investigations and reports Power of SoS by order to (1) provide for the inclusion of electronic publications of particular descriptions in the definition of "newspaper"; and (2) modify the requirement of in the definition of "newspaper" as to circulation wholly or mainly in the United Kingdom or in part of the United Kingdom Affirmative SI

371(3) Extension of special public interest regime for certain newspaper mergers Power of SoS by order to amend the newspaper share of supply test As set out in section 59 of the Enterprise Act 2002
384(5) Review of Media Ownership Rules Power of SoS to make orders under clauses 277, 278 and 342(3) As per the relevant clause
386(3)(i) General restrictions on disclosure of information Power of SoS by order to amend the list of "relevant persons" to whom information obtained under the Communications Bill may be disclosed Affirmative SI
386(4)(c) General restrictions on disclosure of information Power of SoS by order to amend the "relevant functions" for which information obtained under the Communications Bill may be used Affirmative SI
389(1) Timing etc. of things done electronically Power of SoS by order to determine the times and places at which she and/or OFCOM may carry out electronically their functions Negative SI
395 Power of Secretary of State to make orders and regulations Sets out how the Secretary of State is to exercise her powers to make orders or regulations under the Bill N/A
396 Regulations and orders made by OFCOM Sets out how OFCOM are to exercise their powers to make orders or regulations under the provisions in the Bill N/A
399(2) Minor and consequential amendments, transitional and repeals Power of 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 Negative SI
399(3) Minor and consequential amendments, transitional and repeals Power of SoS to 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 Negative SI
399(4) Minor and consequential amendments, transitional and repeals Power of SoS by order to make consequential amendments to any local enactment or subordinate legislation in consequence of any provision of the Bill Negative SI

400(1) Pre-consolidation amendments Power of SoS to consolidate enactments relating to the management of the radio spectrum, broadcasting legislation and other provisions of the Bill Affirmative SI
401(1) Transitional provision for anticipatory carrying out of functions Commencement order under clause 403 may state a provision is brought into force the purpose only of enabling specified functions of OFCOM None
402(2) Application of enactments to territorial sea and other waters Power of Her Majesty the Queen by an Order in Council to apply the provisions of Part 2 of the Bill and the enactment relating to the management of the radio spectrum to the territorial seas and other waters of the United Kingdom Negative SI
402(3) Application of enactments to territorial sea and other waters Power of Her Majesty the Queen by an Order in Council under s11 of the Petroleum Act 1998 Negative SI
403(2) Short title, commencement and extent Power of SoS by order to bring the provisions of the Bill and the Schedules into force on different days for different purposes Negative SI
403(5) Short title, commencement and extent Power of Her Majesty by Order in Council to extend the provisions of the Communications Bill, with appropriate modifications to any of the Channel Islands or to the Isle of Man Negative SI
Paragraph 3(1), Schedule 2 Retrospective modification of a transfer scheme Power of SoS by order, after consulting OFCOM, to modify retrospectively a scheme for the transfer to OFCOM of any pre-existing regulator's property, right and liabilities Negative SI
Paragraph 3, Schedule 4 Compulsory purchase of land: England and Wales Power of SoS by order to authorise a code operator the power to purchase compulsory land in England and Wales Negative SI
Paragraph 4, Schedule 4 Compulsory purchase of land: Scotland Power of SoS by order to authorise a code operator the power to purchase compulsory land in Scotland Negative SI
Paragraph 5, Schedule 4 Compulsory purchase of land: Northern Ireland Upon application of a code operator, power of SoS by order to authorise the vesting of land in Northern Ireland to a code operator Negative SI
Paragraph 1(1), Schedule 5 General procedure for applications Power of OFCOM to make regulations that prescribe the procedures to determine applications for a grant of recognised spectrum access As set out in Clause 388
Paragraph 2(1), Schedule 6 Fixed penalties and fixed penalty notices Power of SoS to make regulations specifying the amount of "on the spot" fines for offences committed under the Wireless Telegraphy Act 1949 Negative SI. In addition, paragraph 2(2) of Schedule 6 specifies that the amount prescribed by the regulations may not exceed 25 per cent of the maximum fine on summary conviction of the offence in question
Paragraph 12, Schedule 6 Regulations Power of SoS to make regulations relating to any matter incidental to the operation of Schedule 6 Negative SI
Paragraph 13, Schedule 10 Power to modify penalties in paragraph 12 Power of SoS by order to substitute the amount in paragraph 12 of Schedule 10 Affirmative SI
Paragraph 1(2), Schedule 12 The BBC, Quotas for independent productions Power of SoS by order to specify the scope of the terms "qualifying programmes" and "independent productions" for the purposes of the independent production quota for the BBC Affirmative SI
Paragraph 1(3), Schedule 12 The BBC, Quotas for independent productions Power of SoS to amend the independent programming quota for the BBC Affirmative SI
Paragraph 1(4), Schedule 12 The BBC, Quotas for independent productions Power of SoS to provide that the BBC have the duty to secure that in each year the programming quota for independent productions Affirmative SI and can only be made upon a recommendation by OFCOM
Paragraph 1(8), Schedule 12 The BBC, Quotas for independent productions The Secretary of State and the BBC can, by agreement to provide for the statutory quota to apply separately, rather than aggregately, to different television broadcasting services or groups of such services provided by the BBC SoS and BBC need agreement
Paragraph 3(5), Schedule 12 The Welsh Authority, Public service remits of the Welsh Authority services Power of SoS to modify sub-paragraphs (2) and (3) of Paragraph 3 of Schedule 12 Affirmative SI
Paragraph 7(2), Schedule 12 The Welsh Authority, Programming quotas for independent productions Power of SoS to specify by order the description of programmes that should be qualifying programmes for the purposes of paragraph 7(1) and to specify by order the programmes that are treated as independent productions in relation to S4C and S4C Digital Affirmative SI

Paragraph 7(3), Schedule 12 The Welsh Authority, Programming quotas for independent productions Power of SoS to amend by order the independent productions quota for S4C and S4C Digital Affirmative SI
Paragraph 7(4), Schedule 12 The Welsh Authority, Programming quotas for independent productions Power of SoS to provide, by order, that the Welsh Authority have the duty to secure that in each year the programming quota for independent productions must be met by "value", by "broadcasting time" or both Affirmative SI
Paragraph 8(6), Schedule 12 Programme quotas for original productions Power of SoS by order to specify the programmes that are considered to be original productions for the purposes of paragraph 8(1) Affirmative SI
Paragraph 8(7), Schedule 12 Programme quotas for original productions Secretary of State, by order, to bestow on OFCOM a power to make judgements for the purposes of applying the definition of an original production Affirmative SI
Paragraph 23(7), Schedule 12 Welsh Authority, Equality of opportunity Power of SoS to determine other forms of equality of opportunity that the Welsh Authority must promote in relation to employment with the Authority Affirmative SI
Paragraph 9, Schedule 13 Change of the order making powers to amend penalties under the Broadcasting Act 1990 and 1996 Secretary of State power to change, by order, any of the penalties set out in sections 18(3B)(a), 18(3C)(a), 42B(3A)(a), 101(3B)(a) 101(3C)(a), 110(1B)(a) and 110(3) of the Broadcasting Act 1990 Affirmative SI
Paragraph 6, Schedule 14 Power to amend Part 1 Power of SoS to repeal and/or modify by order any of the restrictions imposed by Part 1 of Schedule 14 Affirmative SI. The SoS must also consult with OFCOM
Paragraph 10, Schedule 14 Power to amend Part 2 Power of SoS to repeal and/or modify by order any of the restrictions imposed by Part 2 of Schedule 14 Affirmative SI. The SoS must also consult with OFCOM
Paragraph 11(1), Schedule 14 Restriction on holding of local sound broadcasting services Power of SoS by order to impose requirements on the holding of local sound broadcasting licences. Power also includes the powers specified in paragraph 13(1), 13(3) to (5) of Schedule 14 Affirmative SI. The SoS must also consult with OFCOM
Paragraph 12(1), Schedule 14 Restriction applying to local digital sound programme services Power of SoS by order to impose requirements on the holding of local digital sound programme services licences. Power also includes the powers specified in paragraph 13(1) to (3) and 13(5) of Schedule 14 Affirmative SI. The SoS must also consult with OFCOM
Paragraph 6(2), Schedule 17 Wireless Telegraphy Act 1949 Power of OFCOM to make regulations under section 1 of the Wireless Telegraphy Act 1949 As in the Wireless Telegraphy Act 1949
Paragraph 8(4), Schedule 17 Wireless Telegraphy Act 1949 Power of OFCOM to make regulations that prescribe the procedures to determine applications for a grant of a wireless telegraphy act licence As in the Wireless Telegraphy Act 1949. The approval of the SoS is also required
Paragraph 9(2), Schedule 17 Wireless Telegraphy Act 1949 Power of OFCOM to make regulations under Section 3 of the Wireless Telegraphy Act 1949 Negative SI. The approval of the SoS is also required
Paragraph 11(2), Schedule 17 Wireless Telegraphy Act 1949 Power of SoS to make regulations relating to radiation of electro-magnetic energy etc. under Section 10 of the Wireless Telegraphy Act 1949 Negative SI
Paragraph 67(5), Schedule 17 Telecommunications Act 1984 Power of SoS under section 84(8A) of the Telecommunications Act 1984 to amend by order the definition of "relevant authority" Negative SI
Paragraph 73, Schedule 17 Telecommunications Act 1984 Power of OFCOM under section 104(1B) of the Telecommunications Act 1984 to make orders under section 85 or section 86 As per Clause 396. The approval of the SoS is also required
Paragraph 13(2), Schedule 18 Fees for approvals for the purposes of licence conditions Power of SoS by order to provide for the charging of fees in respect of the giving of approvals for the purposes of a general of a general condition set under section 41 of the Bill Negative SI



 
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