Select Committee on Delegated Powers and Regulatory Reform Fourteenth Report


Annex C

Powers contained in the Communications Bill as brought from the House of Commons on 5 March 2003 that have "precedence"*

Clause Number
Heading
Precedent Act
Comment
5(2)†Directions in respect of networks or spectrum functions Postal Services Act 2000 Section 101 of PSA 2000
21(1)Provision of information to the Secretary of State Telecommunications Act 1984 Section 47(4) of TA 1984
27(1), 28(4), 28(5) and paragraph 3(1) of Schedule 2 † VariousUtilities Act 2000 Sections 1, 2, 3,110 and Schedule 3 UA 2000
41(4)Duty of OFCOM to keep publicly accessible register Telecommunications Act 1984 Section 19(4) TA 1984
42(1), 48-49, 52(1), 54(1), 55, 56, 61(1), 61(5), 61(11), 62(1), 63(1), 64, 68(4), 70, 74, 84-90, 103(5), 117(1), 118(1) VariousTelecommunications Act 1984 Conditions that can be set under these clauses are equivalent to conditions capable of being imposed under section 7 TA 1984
53(7) †The National Telephone Numbering Plan Financial Services and Markets Act 2000 Section 38 FSMA 2000
94(3) †Amount of penalty under section 93 Competition Act 1998 Section 36(8) CA 1998
103(6)Application of the electronic communications code Telecommunications Act 1984 Section 11(3) TA 1984
106(1)Restrictions and conditions subject to which code applies Telecommunications Act 1984 Section 7 and Section 10(3) TA 1984
114(1)Transitional schemes on cessation of application of code Telecommunications Act 1984 Section 11(4) and (5) TA 1984
129(1)Powers to require suspension or restriction of a provider's entitlement Telecommunications Act 1984 The power of the Secretary of State to revoke a licence under section 7(12) TA 1984
131(6)Restrictions in leases and licences Telecommunications Act 1984 Section 96(4) TA 1984
131(8)Restrictions in leases and licences Telecommunications Act 1984 Section 96(7) TA 1984
131(9)Restrictions in leases and licences Telecommunications Act 1984 Section 96(5) TA 1984
163Exemption from need for wireless telegraphy licence Wireless Telegraphy Act 1949 Clarifying use of existing powers under WTA 1949 section 1(1)
164Spectrum Auctions Wireless Telegraphy Act 1998 Amends existing regulation making power in section 3 of the WTA 1998
174(4)"Relevant amount of gross revenue" for the purposes of s173 Broadcasting Act 1996 Schedule 1, paragraphs 1 and 3 of BA 1996
189(3), (4) and 190(2)(a)(b) Appeals against decisions by OFCOM, the Secretary of State etc and Reference of price control matters to the Competition Commission Enterprise Act 2002 Relates to rules of the tribunal set under section 15 of the EA 2002
195(6)Functions of OFCOM in relation to the BBC Broadcasting Act 1996 This reflects powers in section 36 and 69 of the 1996 Act
234(9)Financial penalties in respect of licence contraventions etc. Broadcasting Act 1996 This reflects powers in section 36 and 69 of the 1996 Act
240Powers where frequencies reserved for qualifying services Broadcasting Act 1996 The powers under clause 240 to modify provisions in the 1996 Act relating to the award etc of TV multiplex licences is an updated version of the power in section 28 of that Act (which the Bill repeals)
273(3)Programming quotas for independent productions Broadcasting Act 1990 The power to define (by order) certain expressions connected with the independent producers' quota, and to change the percentage figure for the quota, already exists in ss16(5) to (7) of the 1990 Act

297(1) Regulations about coverage of listed events Broadcasting Act 1996 One function of the new regulation-making power (namely, that conferred by the new section 104ZA(1)(a) inserted by the clause) is currently a function of the ITC's administrative code by virtue of section 104(1)(a) of the 1996 Act
301(1) Power to modify targets in section 298 Broadcasting Act 1996 Reflects the power of the Secretary of State under section 21(1)(a) of the 1996 Act to change the percentage of programmes that must be subtitled
303 Quotas for independent programmes Broadcasting Act 1996 The powers reproduce those that already exist in ss19(7) to (9) of the 1996 Act
314(6) Objectives for advertisements and sponsorship Broadcasting Act 1990 The "general responsibility" for OFCOM mentioned in paragraph 118 is to be found in sections 9(5) and 93(5) of the 1990 Act
316(1) Modification of matters to be taken into account under s312 Broadcasting Act 1990 Reflects sections 9(4) and 93(4) of the 1990 Act
322(4) Proscription orders Broadcasting Act 1990 The power (by order) to proscribe foreign channels on multiplexes or cable is a modified version of a very similar power to proscribe foreign satellite channels on similar grounds, under section 177 of the 1990 Act
325(7) Penalties for contravention of notification under s324 Broadcasting Act 1996 This reflects powers in section 36 and 69 of the 1996 Act
329 Government requirements for licensed services Broadcasting Act 1990 The power to issue directions etc is modelled on sections 10 and 94 of the 1990 Act
334(6) Imposition of penalties on the Welsh Authority Broadcasting Act 1990 The power to issue directions etc is modelled on sections 10 and 94 of the 1990 Act
335 Contraventions recorded in Welsh Authority's annual report Broadcasting Act 1990 The SoS's power to direct that specified information be included in the Welsh Authority's annual report already exists in paragraph 13(2) of Schedule 6 to the 1990 Act

356(6) Licence required for use of TV receiver Wireless Telegraphy Act 1949 Power to provide for exclusions from the obligation to have a TV licence largely reproduces provisions in section 1(1) and (2) of the WTA 1949
357(1) TV licences Wireless Telegraphy Act 1949 Provisions largely reproduce section 1(2) WTA 1949 as to the terms etc of a licence
358 TV licence fees Wireless Telegraphy Act 1949 Based on section 2(1) WTA 1949, but is broader and makes express provision for concessions, and proof of concessions (which could include the free licences for over-75s that currently are dealt with by SoS directions under section 1(2) WTA 1949) and instalment payments
361 Meaning of "television receiver" etc Wireless Telegraphy Act 1949 The power to define a "television receiver" already exists under section 1 WTA 1949
395† Power of Secretary of State to make orders and regulations Financial Services and Markets Act 2000 Sections 428 and 429 FSMA 2000
399† Minor and consequential amendments, transitional and repeals Postal Services Act 2000 and Enterprise Act 2002 Sections 127 and 128 PSA 2000 and section 277 EA 2002
400† Pre-consolidation amendments National Health Service Reform and Health Care Professions Act 2002 Section 36 NHSRHCPA 2002
402(3) Application of enactments to territorial sea and other waters Telecommunications Act 1984 Section 107 TA 1984
403 Short title, commencement and extent Broadcasting Act 1996; Broadcasting Act 1990; Wireless Telegraphy Act 1949 Power to extend the 1990 and 1996 Acts and the WTA 1949 to the Channel Islands and the Isle of Man already exists: see sections 202(6) of the 1990 Act, 150(4) of the 1996 Act and 20 WTA 1949
Paragraph 1(2) and 1(3), Schedule 12 The BBC, Quotas for independent productions Broadcasting Act 1990 The power to prescribe certain definitions conferred by paragraph 1(2) are based directly on, and replace, section 186(2) of the 1990 Act (which is repealed by the Bill). The power in paragraph 1(3) to substitute a different percentage in paragraph 1(1) replaces the existing power in section 186(1) to prescribe the percentage itself
Paragraph 7(2), Schedule 12 The Welsh Authority, Programming quotas for independent productions Broadcasting Act 1990 The power to prescribe certain definitions conferred by paragraph are based directly on, and replace, section 186(2) of the 1990 Act (which is repealed by the Bill)
Paragraph 3, Schedule 4 Compulsory purchase of land: England and Wales Telecommunications Act 1984 Section 34 TA 1984
Paragraph 4, Schedule 4 Compulsory purchase of land: Scotland Telecommunications Act 1984 Section 35 TA 1984
Paragraph 5, Schedule 4 Compulsory purchase of land: Northern Ireland Telecommunications Act 1984 Section 36 TA 1984

*The clauses listed below contain Henry VIII powers which have precedence in a number of Acts, however the antecedence of these powers has not been spelt out: 18(1), 24(6), 26(4), 34(10), 61(9), 109(10), 113(8), 120(4), 127(9), 136(9), 173(4) and 181(1).

†The powers in these clauses are contained in similar regulatory regimes and other utilities although they are new in relation to electronic communications (telecommunications).


 
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