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(b) in relation to a programme service, are references to the opportunity of | |
viewing in an intelligible form the programmes included in the service | |
or (as the case may be) of listening to them in such a form. | |
(5) For the purposes of this Act persons are consumers in a market for a service, | |
facility or apparatus, if they are— | 5 |
(a) persons to whom the service, facility or apparatus is provided, made | |
available or supplied (whether in their personal capacity or for the | |
purposes of their businesses); | |
(b) persons for whose benefit the service, facility or apparatus is provided, | |
made available or supplied or for whose benefit persons falling within | 10 |
paragraph (a) arrange for it to be provided, made available or supplied; | |
(c) persons whom the person providing the service or making the facility | |
available, or the supplier of the apparatus, is seeking to make into | |
persons falling within paragraph (a) or (b); or | |
(d) persons who wish to become persons falling within paragraph (a) or (b) | 15 |
or who are likely to seek to become persons falling within one or both | |
of those paragraphs. | |
(6) References in this Act to services in relation to which OFCOM have functions | |
include references to any services in relation to which OFCOM are required to | |
set standards under section 312. | 20 |
(7) In this Act references, in relation to a time or a period, to the holder of a | |
Broadcasting Act licence or of a particular description of such licence are | |
references to the person who held that licence at that time or (as the case may | |
be) to every person who held that licence for the whole or a part of that period. | |
(8) For the purposes of this Act the fact that a service is not in an intelligible form | 25 |
shall be disregarded, except where express provision is made to the contrary, | |
in determining whether it has been provided— | |
(a) for general reception; | |
(b) for reception by particular persons; or | |
(c) for reception at a particular place or in a particular area. | 30 |
(9) For the purposes of this Act something is not to be regarded as in an intelligible | |
form if it cannot readily be understood without being decrypted or having | |
some comparable process applied to it. | |
399 Minor and consequential amendments, transitionals and repeals | |
(1) Schedule 17 (which provides for minor and consequential amendments in | 35 |
connection with the other provision made by this Act) shall have effect. | |
(2) The Secretary of State may by order make such consequential modifications of | |
any enactment as— | |
(a) correspond to amendments of any other enactment that are made by | |
Schedule 17; and | 40 |
(b) appear to him to be appropriate in consequence of that provision of this | |
Act. | |
(3) The Secretary of State may by order make any provision that he thinks fit for | |
substituting a reference in any enactment or subordinate legislation to | |
something defined for the purposes of this Act, or of any provisions contained | 45 |
in this Act, for a reference to something equivalent or similar that was defined | |
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(3) for the purposes of the Telecommunications Act 1984 (c. 12), or of provisions | |
contained in that Act. | |
(4) The Secretary of State may by order make such further consequential | |
modifications of— | |
(a) an enactment extending only to Scotland, | 5 |
(b) an enactment extending only to Northern Ireland, | |
(c) a local enactment, or | |
(d) the provision of any subordinate legislation, | |
as appear to him to be appropriate in consequence of any provision of this Act. | |
(5) If it appears to the Secretary of State that a local enactment contains a provision | 10 |
which corresponds to a provision the effect of which is modified by an | |
amendment in Schedule 17 of this Act of a listed provision, it shall be his duty | |
to exercise his powers under this section to secure that a modification | |
corresponding to that effected by that amendment is made to the local | |
enactment. | 15 |
(6) Schedule 18 (which contains transitional provisions in connection with the | |
other provision made by this Act) shall have effect. | |
(7) Subject to the provisions of Schedule 18 and to the savings and commencement | |
provisions set out in the notes to Schedule 19, the enactments and instruments | |
specified in Schedule 19 (which include provisions that are spent or have | 20 |
ceased to be of any practical utility) are hereby repealed or revoked to the | |
extent specified in the second column of that Schedule. | |
(8) In this section “local enactment” means— | |
(a) a local or personal Act; | |
(b) a public general Act relating only to London; | 25 |
(c) an order or scheme made under an Act which has been confirmed by | |
Parliament or brought into operation in accordance with special | |
Parliamentary procedure; | |
(d) an enactment in a public general Act but amending a local enactment. | |
(9) In subsection (5) “listed provision” means the provisions of the following | 30 |
enactments— | |
(a) sections 11 and 14 of the London Overground Wires, etc. Act 1933 | |
(c. xliv); | |
(b) section 7(6) of the London County Council (General Powers) Act 1949 | |
(c. lv); | 35 |
(c) section 17(2) of the Lough Neagh and Lower Bann Drainage and | |
Navigation Act (Northern Ireland) 1955 (c. 15 (N.I.)); | |
(d) section 17(4)(a) of the London County Council (General Powers) Act | |
1963 (c. xvii); | |
(e) section 7(6) of the Greater London Council (General Powers) Act 1969 | 40 |
(c. lii); | |
(f) section 20(1)(a) of the Thames Barrier and Flood Prevention Act 1972 | |
(c. xlv); | |
(g) section 32 of and paragraph 3(2)(b) of Schedule 2 and Part 10 of | |
Schedule 7 to the Channel Tunnel Act 1987 (c. 53); | 45 |
(h) section 25(1) of the Norfolk and Suffolk Broads Act 1988 (c. 4); | |
(i) section 5 of the London Local Authorities (No. 2) Act 1990 (c. xxx); | |
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(j) paragraphs 1(c) and 16 of Schedule 2, paragraph 3(2)(c) of Schedule 4 | |
and paragraph 21 of Schedule 7 to the Cardiff Bay Barrage Act 1993 | |
(c. 42); | |
(k) section 3(1) of the British Waterways Act 1995 (c. i); | |
(l) paragraphs 6(4) and 15(4) of Schedule 6 and Part 4 of Schedule 15 to the | 5 |
Channel Tunnel Rail Link Act 1996 (c. 61). | |
(10) This section has effect subject to section 401. | |
400 Pre-consolidation amendments | |
(1) The Secretary of State may by order make such modifications of— | |
(a) the enactments relating to the management of the radio spectrum, | 10 |
(b) the enactments relating to broadcasting, and | |
(c) enactments referring to enactments falling within paragraph (a) or (b), | |
as in his opinion facilitate, or are otherwise desirable in connection with, the | |
consolidation of those enactments or any of them. | |
(2) No order is to be made under this section unless a Bill for repealing and re- | 15 |
enacting— | |
(a) the enactments modified by the order, or | |
(b) enactments relating to matters connected with the matters to which | |
enactments modified by the order relate, | |
has been presented to either House of Parliament. | 20 |
(3) An order under this section is not to come into force until immediately before | |
the commencement of the Act resulting from that Bill. | |
(4) No order is to be made containing provision authorised by this section unless | |
a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | 25 |
(5) In this section “the enactments relating to broadcasting” means— | |
(a) the 1990 Act; | |
(b) the 1996 Act; | |
(c) Part 3 of this Act; and | |
(d) the other provisions of this Act so far as relating to the 1990 Act, the | 30 |
1996 Act or that Part. | |
401 Transitional provision for anticipatory carrying out of functions | |
(1) This section applies where an order under section 403 bringing into force— | |
(a) a provision of Part 1, 2 or 6, or | |
(b) a provision of Chapter 1 of Part 5, | 35 |
states that that provision is brought into force at a particular time for the | |
purpose only of enabling specified networks and services functions, or | |
specified spectrum functions, to be carried out during the transitional period | |
by the Director General of Telecommunications or the Secretary of State. | |
(2) In relation to times falling in the transitional period, that provision is to have | 40 |
effect as if— | |
(a) references in that provision to OFCOM, and | |
(b) references to OFCOM inserted by that provision in any other | |
enactment, | |
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were references, in accordance with subsection (3), to the Director General of | |
Telecommunications or to the Secretary of State. | |
(3) The references have effect— | |
(a) as references to the Director General of Telecommunications to the | |
extent that the provision is brought into force for the purpose of | 5 |
enabling specified networks and services functions to be carried out; | |
and | |
(b) as references to the Secretary of State, to the extent that the provision is | |
brought into force for the purpose of enabling specified spectrum | |
functions to be carried out. | 10 |
(4) An order bringing a provision into force as mentioned in subsection (1) may | |
include provision specifying the extent to which it is to be taken, for the | |
purposes of subsection (3), to have been brought into force for the purpose of | |
enabling particular functions to be carried out. | |
(5) In relation to times after the end of the transitional period for a provision which | 15 |
has been brought into force for enabling specified functions to be carried out | |
by the Director General of Telecommunications or the Secretary of State, | |
anything which— | |
(a) was done, during that period, by or in relation to that Director or the | |
Secretary of State, and | 20 |
(b) was so done for the purposes of, or in connection with, the carrying out | |
of those functions, | |
is to have effect as if had been done by or in relation to OFCOM. | |
(6) In this section “the transitional period”, in relation to a provision brought into | |
force as mentioned in subsection (1) by an order under section 403, means the | 25 |
period which— | |
(a) begins with the time when it is so brought into force; and | |
(b) ends with the time from which that order, or a subsequent order under | |
that section, brings the provision into force for the purpose of | |
conferring on OFCOM the functions in question. | 30 |
(7) In this section “networks and services functions” means any of the following | |
functions of OFCOM under this Act— | |
(a) their functions under sections 21 and 22; | |
(b) their functions under Chapter 1 of Part 2; | |
(c) their functions under Chapter 3 of Part 2, except to the extent that those | 35 |
functions relate to— | |
(i) disputes relating to rights or obligations conferred or imposed | |
by or under the enactments relating to the management of the | |
radio spectrum; or | |
(ii) decisions made under those enactments; | 40 |
(d) their functions under Chapter 1 of Part 5, except to the extent that those | |
functions relate to broadcasting or related matters; | |
(e) their functions under Schedule 18 to this Act in relation to the abolition | |
of licensing (within the meaning of that Schedule). | |
(8) In this section “spectrum functions” means— | 45 |
(a) the functions under the enactments relating to the management of the | |
radio spectrum which by virtue of this Act are conferred on OFCOM; | |
and | |
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(b) the functions conferred on OFCOM by so much of Chapter 3 of Part 2 | |
as relates to the disputes and decisions mentioned in subsection (7)(c). | |
402 Application of enactments to territorial sea and other waters | |
(1) This section applies to— | |
(a) provision made by or under Part 2 of this Act; | 5 |
(b) any provision of the enactments relating to the management of the | |
radio spectrum that are not contained in that Part; and | |
(c) any provision of Chapter 1 of Part 5 of this Act so far as it relates to a | |
matter as respects which provision falling within paragraph (a) or (b) is | |
made. | 10 |
(2) Her Majesty may by Order in Council provide— | |
(a) for an area of the territorial sea to be treated, for the purposes of any | |
provision to which this section applies, as if it were situated in such part | |
of the United Kingdom as may be specified in the Order; and | |
(b) for jurisdiction with respect to questions arising in relation to the | 15 |
territorial sea under any such provision to be conferred on courts in a | |
part of the United Kingdom so specified. | |
(3) An Order in Council under section 11 of the Petroleum Act 1998 (c. 17) | |
(application of civil law to offshore installations etc.) may make provision for | |
treating— | 20 |
(a) an installation with respect to which provision is made under that | |
section and which is outside the territorial sea but in waters to which | |
that section applies, and | |
(b) waters within 500 metres of the installation, | |
as if for the purposes of provisions to which this section applies, they were | 25 |
situated in such part of the United Kingdom as is specified in the Order. | |
(4) The jurisdiction conferred on a court by an Order in Council under this section | |
is in addition to any jurisdiction exercisable apart from this section by that or | |
any other court. | |
(5) Subsection (3) of section 395 applies to the power to make an Order in Council | 30 |
under this section as it applies to any power of the Secretary of State to make | |
an order under this Act, but as if references in that subsection to the Secretary | |
of State were references to Her Majesty in Council. | |
(6) A statutory instrument containing an Order in Council under this section shall | |
be subject to annulment in pursuance of a resolution of either House of | 35 |
Parliament. | |
(7) In this section— | |
“installation” includes any floating structure or device maintained on a | |
station or by whatever means, and installations in transit; | |
“the territorial sea” means the territorial sea adjacent to the United | 40 |
Kingdom. | |
403 Short title, commencement and extent | |
(1) This Act may be cited as the Communications Act 2003. | |
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(2) This Act (except the provisions listed in subsection (3), which come into force | |
on the passing of this Act) shall come into force on such day as the Secretary of | |
State may by order appoint; and different days may be appointed under this | |
subsection for different purposes. | |
(3) Those provisions are sections 28(1) to (4) and (6) and 398 and this section. | 5 |
(4) This Act extends to Northern Ireland. | |
(5) Subject to subsection (6), Her Majesty may by Order in Council extend the | |
provisions of this Act, with such modifications as appear to Her Majesty in | |
Council to be appropriate, to any of the Channel Islands or to the Isle of Man. | |
(6) Subsection (5) does not authorise the extension to any place of a provision of | 10 |
this Act so far as it gives effect to an amendment of an enactment that is not | |
itself capable of being extended there in exercise of a power conferred on Her | |
Majesty in Council. | |
(7) Subsection (3) of section 395 applies to the power to make an Order in Council | |
under this section as it applies to any power of the Secretary of State to make | 15 |
an order under this Act, but as if references in that subsection to the Secretary | |
of State were references to Her Majesty in Council. | |
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