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International matters | |
19 Representation on international and other bodies | |
(1) It shall be the duty of OFCOM to do, as respects the United Kingdom, such of | |
the following things as they are required to do by the Secretary of State— | |
(a) provide representation on behalf of Her Majesty’s Government in the | 5 |
United Kingdom on international and other bodies having | |
communications functions; | |
(b) become or serve as a member of an international or other body having | |
such functions; | |
(c) subscribe to such a body; | 10 |
(d) provide representation on behalf of Her Majesty’s Government in the | |
United Kingdom at international meetings about communications. | |
(2) OFCOM shall also have the power, if requested to do so by the Secretary of | |
State, to do one or more of those things as respects any of the Channel Islands, | |
the Isle of Man or a British overseas territory. | 15 |
(3) It shall be the duty of OFCOM to carry out their functions under this section in | |
accordance with such general or specific directions as may be given to them by | |
the Secretary of State. | |
(4) The Secretary of State— | |
(a) is not entitled to direct OFCOM to comply with a request made under | 20 |
subsection (2); but | |
(b) may give directions about how OFCOM are to carry out any | |
representative role that they undertake in accordance with such a | |
request. | |
(5) In this section— | 25 |
“communications functions” means— | |
(a) functions relating to the use of the electro-magnetic spectrum | |
for wireless telegraphy; | |
(b) functions relating to the regulation of television or radio | |
broadcasting or the provision of television and radio services; | 30 |
and | |
(c) any other function which relates to, or is connected with, a | |
matter in respect of which OFCOM have functions; | |
“international meetings about communications” means international | |
meetings relating to, or to matters connected with, one or more of the | 35 |
following— | |
(a) the use of the electro-magnetic spectrum for wireless | |
telegraphy; | |
(b) the regulation of television or radio broadcasting or of the | |
provision of television and radio services; | 40 |
(c) any other matter in respect of which OFCOM have functions. | |
(6) In relation to— | |
(a) a part of the British Islands outside the United Kingdom, or | |
(b) a British overseas territory, | |
the references in subsection (5) to matters in respect of which OFCOM have | 45 |
functions include references to matters corresponding, in the case of that part | |
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of those Islands or of that territory, to matters in respect of which OFCOM’s | |
functions are confined to the United Kingdom. | |
(7) In subsection (5) “television or radio broadcasting” includes the provision by | |
means other than broadcasting of services similar to those provided by | |
television or radio broadcasts. | 5 |
20 Directions for international purposes in respect of broadcasting functions | |
(1) This section applies to— | |
(a) OFCOM’s functions under the enactments relating to broadcasting; | |
and | |
(b) the matters in relation to which those functions are conferred. | 10 |
(2) It shall be the duty of OFCOM— | |
(a) to carry out those functions in accordance with any general or specific | |
directions given to them by the Secretary of State for the purpose | |
mentioned in subsection (3); and | |
(b) to carry out such other functions in relation to the matters to which this | 15 |
this section applies as they are required to carry out by any general or | |
specific directions so given. | |
(3) The Secretary of State is not to give a direction under this section except for the | |
purpose of securing compliance, in relation to a matter to which this section | |
applies, with an international obligation of the United Kingdom. | 20 |
(4) A direction under this section must be contained in an order made by the | |
Secretary of State. | |
(5) In this section “the enactments relating to broadcasting” means— | |
(a) the 1990 Act; | |
(b) the 1996 Act; | 25 |
(c) Part 3 of this Act; and | |
(d) the other provisions of this Act so far as relating to the 1990 Act, the | |
1996 Act or that Part. | |
General information functions | |
21 Provision of information to the Secretary of State | 30 |
(1) It shall be the duty of OFCOM to comply with a direction by the Secretary of | |
State to provide him with information falling within subsection (2). | |
(2) The information that may be the subject of a direction under this section is any | |
information reasonably required by the Secretary of State for the purpose of | |
enabling him to secure compliance with an international obligation of the | 35 |
United Kingdom. | |
(3) Information that is required to be provided by a direction under this section | |
must be provided in such manner and at such times as may be required by the | |
direction. | |
22 Community requirement to provide information | 40 |
(1) This section applies if— | |
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(a) the European Commission requires OFCOM to provide it with | |
information for the purpose of enabling it to perform any of its | |
functions in relation to electronic communications networks, electronic | |
communications services or associated facilities; and | |
(b) the information is information obtained by OFCOM in the course of | 5 |
carrying out any of their functions under— | |
(i) Part 2; or | |
(ii) the enactments relating to the management of the radio | |
spectrum that are not contained in that Part. | |
(2) It shall be the duty of OFCOM to comply with the requirement. | 10 |
(3) If information provided to the European Commission under this section has | |
been obtained by OFCOM from a person who is or, at the time the information | |
was obtained from him, was— | |
(a) a communications provider, or | |
(b) a person making associated facilities available, | 15 |
OFCOM must notify him that they have provided the information to the | |
Commission. | |
(4) It shall be for OFCOM to determine the manner in which a notification is given | |
under subsection (3). | |
23 Publication of information and advice for consumers etc. | 20 |
(1) OFCOM may arrange for the publication of such information and advice about | |
matters in relation to which they have functions as it appears to them to be | |
appropriate to make available to the persons mentioned in subsection (2). | |
(2) Those persons are— | |
(a) the customers of communications providers; | 25 |
(b) the customers of persons who make associated facilities available; | |
(c) persons who use electronic communications networks, electronic | |
communications services or associated facilities; and | |
(d) persons to whom radio and television services are provided or who are | |
otherwise able or likely to take advantage of any of those services. | 30 |
(3) In arranging for the publication of information or advice under this section, | |
OFCOM must have regard to the need to exclude from publication, so far as | |
that is practicable, the matters which are confidential in accordance with | |
subsections (4) and (5). | |
(4) A matter is confidential under this subsection if— | 35 |
(a) it relates specifically to the affairs of a particular body; and | |
(b) publication of that matter would or might, in OFCOM’s opinion, | |
seriously and prejudicially affect the interests of that body. | |
(5) A matter is confidential under this subsection if— | |
(a) it relates to the private affairs of an individual; and | 40 |
(b) publication of that matter would or might, in OFCOM’s opinion, | |
seriously and prejudicially affect the interests of that individual. | |
(6) The publication of information or advice under this section must be in such | |
manner as OFCOM consider appropriate. | |
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Employment in broadcasting | |
24 Training and equality of opportunity | |
(1) It shall be the duty of OFCOM to take all such steps as they consider | |
appropriate for promoting the development of opportunities for the training | |
and retraining of persons— | 5 |
(a) for employment by persons providing television and radio services; | |
and | |
(b) for work in connection with the provision of such services otherwise | |
than as an employee. | |
(2) It shall be the duty of OFCOM to take all such steps as they consider | 10 |
appropriate for promoting equality of opportunity in relation to both— | |
(a) employment by those providing television and radio services; and | |
(b) the training and retraining of persons for such employment. | |
(3) It shall also be the duty of OFCOM, in relation to such employment, training | |
and retraining, to take all such steps as they consider appropriate for | 15 |
promoting the fair treatment of disabled persons. | |
(4) The reference in subsection (2) to equality of opportunity is a reference to | |
equality of opportunity— | |
(a) between men and women; and | |
(b) between persons of different racial groups. | 20 |
(5) In this section— | |
“disabled” has the same meaning as in the Disability Discrimination Act | |
1995 (c. 50); | |
“racial group” has the same meaning as in the Race Relations Act 1976 | |
(c. 74) or, in Northern Ireland, the Race Relations (Northern Ireland) | 25 |
Order 1997 (S.I. 1997/869 (N.I. 6)). | |
(6) The Secretary of State may by order amend subsection (4) by adding any other | |
form of equality of opportunity that he considers appropriate. | |
(7) No order is to be made containing provision authorised by subsection (6) | |
unless a draft of the order has been laid before Parliament and approved by a | 30 |
resolution of each House. | |
Charging | |
25 General power to charge for services | |
(1) OFCOM may provide a service to which this section applies to any person on | |
such terms as to the making of payments to OFCOM— | 35 |
(a) as they may determine in advance; or | |
(b) as may be agreed between that person and OFCOM. | |
(2) This section applies to a service which is provided by OFCOM to a person in | |
the course of carrying out their functions and is neither— | |
(a) a service which OFCOM are under a duty to provide to that person, nor | 40 |
(b) one in respect of which express provision is made by or under an | |
enactment for authorising or forbidding the payment of fees or charges. | |
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(3) In this section references to providing a service to a person include references | |
to a service consisting in— | |
(a) the giving of advice to that person; | |
(b) the entry of his particulars in a register or other record kept by OFCOM | |
otherwise than in pursuance of an express statutory duty to keep the | 5 |
register or records; or | |
(c) the taking of steps for the purposes of determining whether to grant an | |
application for an entry in a register or record so kept. | |
Guarantees | |
26 Secretary of State guarantees for OFCOM borrowing | 10 |
(1) The Secretary of State may guarantee— | |
(a) the repayment of the principal of any borrowing by OFCOM; | |
(b) the payment of interest on any such borrowing; and | |
(c) the discharge of other financial obligations incurred by OFCOM in | |
connection with any such borrowing. | 15 |
(2) The power of the Secretary of State to give a guarantee under this section is a | |
power (subject to subsection (3)) to give it in such manner and on such | |
conditions as he thinks fit. | |
(3) The Secretary of State must not give a guarantee under this section if the | |
aggregate of— | 20 |
(a) the amounts that he may be required to pay for fulfilling that | |
guarantee, and | |
(b) the amounts that he may be required to pay for fulfilling other | |
guarantees previously given under this section and still in force, | |
exceeds £5 million. | 25 |
(4) The Secretary of State may by order substitute another amount for the amount | |
for the time being specified in subsection (3). | |
(5) No order is to be made containing provision authorised by subsection (4) | |
unless a draft of the order has been laid before Parliament and approved by a | |
resolution of the House of Commons. | 30 |
(6) Immediately after a guarantee is given under this section, the Secretary of State | |
must lay a statement of the guarantee before each House of Parliament. | |
(7) Where any sum is paid by the Secretary of State under a guarantee given under | |
this section, he must lay a statement relating to that sum before each House of | |
Parliament as soon as practicable after the end of each of the financial years— | 35 |
(a) beginning with the one in which the sum is paid; and | |
(b) ending with the one in which OFCOM’s liabilities under subsection (8) | |
in respect of that sum are finally discharged. | |
(8) If sums are paid by the Secretary of State in fulfilment of a guarantee given | |
under this section OFCOM must pay him— | 40 |
(a) such amounts in or towards the repayment to him of those sums as he | |
may direct; and | |
(b) interest, at such rates as he may determine, on amounts outstanding | |
under this subsection. | |
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(9) Payments to the Secretary of State under subsection (8) must be made at such | |
times and in such manner as he may determine. | |
Provisions supplemental to transfer of functions | |
27 Transfers of property etc. from pre-commencement regulators | |
(1) The Secretary of State may, by a direction to any of the pre-commencement | 5 |
regulators, require that regulator to make one or more schemes for the transfer | |
from that regulator to OFCOM of such of the regulator’s property, rights and | |
liabilities as may be specified or described in the direction. | |
(2) Where a pre-commencement regulator is required to make a scheme, the | |
scheme must be made by such date as may be specified in the direction. | 10 |
(3) Before making a scheme in pursuance of a direction under subsection (1), a pre- | |
commencement regulator must consult OFCOM. | |
(4) A pre-commencement regulator who makes a scheme in pursuance of a | |
direction under subsection (1) shall submit that scheme to the Secretary of State | |
for approval. | 15 |
(5) A scheme that is required to be so submitted shall have effect only if, and to the | |
extent that, it is approved by the Secretary of State. | |
(6) The Secretary of State, in approving a scheme, may do so subject to such | |
modifications as he thinks fit. | |
(7) Where the Secretary of State approves a scheme subject to modifications | 20 |
specified by him, it shall have effect with those modifications. | |
(8) A scheme approved by the Secretary of State under this section shall come into | |
force either— | |
(a) if no time is appointed under paragraph (b), at the time when the | |
approval is given; or | 25 |
(b) if the Secretary of State appoints a later time for the coming into force | |
of the scheme (whether when approving the scheme or by | |
subsequently varying a time appointed under this paragraph), at that | |
later time. | |
(9) Where a scheme is submitted to the Secretary of State under this section, he | 30 |
must— | |
(a) consult OFCOM about any proposal of his to approve the scheme; and | |
(b) consult both OFCOM and the pre-commencement regulator in | |
question about any modifications subject to which he proposes to give | |
his approval, or about any proposal of his to refuse approval. | 35 |
(10) The Secretary of State may, after consulting OFCOM, himself make a scheme | |
for the transfer of property, rights and liabilities— | |
(a) from a pre-commencement regulator to OFCOM; or | |
(b) from himself to OFCOM; | |
and such a scheme shall come into force on such day as the Secretary of State | 40 |
may appoint (whether in the scheme or subsequently). | |
(11) The Secretary of State is not to make a scheme for the transfer of property, | |
rights and liabilities from a pre-commencement regulator to OFCOM unless— | |
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(a) that regulator has failed to comply with a direction under subsection | |
(1); or | |
(b) that regulator has complied with such a direction by submitting a | |
scheme to the Secretary of State that he has decided not to approve | |
(with or without modifications). | 5 |
(12) Schedule 2 (which makes further provision about schemes under this section) | |
shall have effect. | |
28 Transitional functions and abolition of pre-commencement regulators | |
(1) It shall be the duty of the pre-commencement regulators to take all such steps | |
as are necessary or expedient for ensuring that OFCOM are able effectively to | 10 |
carry out OFCOM’s functions from the time when they are vested in OFCOM. | |
(2) The pre-commencement regulators, in taking those steps, must comply with | |
every direction given to them by the Secretary of State. | |
(3) The pre-commencement regulators and OFCOM shall each have a duty to | |
provide the Secretary of State with all such information and assistance as he | 15 |
may require for the purposes of, or in connection with— | |
(a) his power to give directions under subsection (1) of section 27; and | |
(b) his powers and duties in relation to the approval and making of | |
schemes under that section. | |
(4) On such day as the Secretary of State may by order appoint— | 20 |
(a) the office of the Director General of Telecommunications shall be | |
abolished; and | |
(b) the Broadcasting Standards Commission, the Independent Television | |
Commission and the Radio Authority shall cease to exist. | |
(5) Section 54 of the Telecommunications Act 1984 (c. 12) (which provides for the | 25 |
establishment of advisory bodies) shall cease to have effect; and each of the | |
bodies established under that section shall cease to exist on such day as the | |
Secretary of State may by order appoint. | |
(6) Different days may be appointed under this section for the Director General of | |
Telecommunications and for each of the different bodies mentioned in | 30 |
subsections (4)(b) and (5). | |
Part 2 | |
Networks, services and the radio spectrum | |
Chapter 1 | |
Electronic communications networks and services | 35 |
Preliminary | |
29 Meaning of electronic communications networks and services | |
(1) In this Act “electronic communications network” means— | |
(a) a transmission system for the conveyance, by the use of electrical, | |
magnetic or electro-magnetic energy, of signals of any description; and | 40 |
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