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(7) Subsection (6) does not apply where— | |
(a) the notification or the notified proposal relates to an SMP apparatus | |
condition, or to a direction, approval or consent for the purposes of | |
such a condition; | |
(b) the direction, approval or consent given, modified or withdrawn is for | 5 |
the purposes of such a condition. | |
(8) In this section “the relevant person”, in relation to a notification, direction, | |
approval or consent— | |
(a) except in a case falling within paragraph (b), means the person by | |
whom it is published or (as the case may be) the person by whom it has | 10 |
been or is to be given, modified or withdrawn; and | |
(b) in the case of a direction, approval or consent given, modified or | |
withdrawn by a person other than OFCOM for the purpose of giving | |
effect to a proposal published by OFCOM under section 46(4), means | |
OFCOM. | 15 |
General conditions: subject matter | |
48 Matters to which general conditions may relate | |
(1) Subject to sections 49 to 61, the only conditions that may be set under section | |
42 as general conditions are conditions falling within one or more of the | |
following paragraphs— | 20 |
(a) conditions making such provision as OFCOM consider appropriate for | |
protecting the interests of the end-users of public electronic | |
communications services; | |
(b) conditions making such provision as OFCOM consider appropriate for | |
securing service interoperability and for securing, or otherwise relating | 25 |
to, network access; | |
(c) conditions making such provision as OFCOM consider appropriate for | |
securing the proper and effective functioning of public electronic | |
communications networks; | |
(d) conditions for giving effect to determinations or regulations made | 30 |
under section 68; | |
(e) conditions requiring or regulating the provision, availability and use, | |
in the event of a disaster, of electronic communications networks, | |
electronic communications services and associated facilities; | |
(f) conditions making such provision as OFCOM consider appropriate for | 35 |
securing the protection of public health by the prevention or avoidance | |
of the exposure of individuals to electro-magnetic fields created in | |
connection with the operation of electronic communications networks; | |
(g) conditions requiring compliance with relevant international standards. | |
(2) The power under subsection (1)(a) to set conditions for protecting the interests | 40 |
of the end-users of public electronic communications services includes power | |
to set conditions for that purpose which— | |
(a) relate to the supply, provision or making available of goods, services or | |
facilities in association with the provision of public electronic | |
communications services; and | 45 |
(b) give effect to Community obligations to provide protection for such | |
end-users in relation to the supply, provision or making available of | |
those goods, services or facilities. | |
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(3) The power to set general conditions in relation to a description of electronic | |
communications network or electronic communications service does not | |
include power— | |
(a) to set conditions that are made applicable according to the identity of | |
the provider of a network or service; or | 5 |
(b) to set conditions that differ according to the identity of the provider of | |
the networks or services to which they relate. | |
(4) The power to set general conditions falling within subsection (1)(b) does not | |
include power to set conditions containing provision which under— | |
(a) section 70, or | 10 |
(b) any of sections 84 to 89, | |
must be or may be included, in a case in which it appears to OFCOM to be | |
appropriate to do so, in an access-related condition or SMP condition. | |
(5) The conditions falling within subsection (1)(c) include conditions making such | |
provision as OFCOM consider appropriate for the purpose, in accordance with | 15 |
Community obligations, of preventing or restricting electro-magnetic | |
interference— | |
(a) with the provision of an electronic communications network or | |
electronic communications service; or | |
(b) with, or with the receipt of, anything conveyed or provided by means | 20 |
of such a network or service. | |
(6) In this section “electro-magnetic interference” means interference by means of | |
the emission or reflection of electro-magnetic energy in the course of, or in | |
connection with, the provision any electronic communications network or | |
electronic communications service; | 25 |
(7) In this section “disaster” includes any major incident having a significant effect | |
on the general public; and for this purpose a major incident includes any | |
incident of contamination involving radioactive substances or other toxic | |
materials. | |
General conditions: customer interests | 30 |
49 Conditions relating to customer interests | |
(1) It shall be the duty of OFCOM to set such general conditions (if any) as they | |
consider appropriate for securing that— | |
(a) public communications providers, or | |
(b) such descriptions of them as OFCOM consider appropriate, | 35 |
establish and maintain procedures, standards and policies with respect to the | |
matters mentioned in subsection (2). | |
(2) Those matters are— | |
(a) the handling of complaints made to public communications providers | |
by any of their domestic and small business customers; | 40 |
(b) the resolution of disputes between such providers and any of their | |
domestic and small business customers; | |
(c) the provision of remedies and redress in respect of matters that form | |
the subject-matter of such complaints or disputes; | |
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(d) the information about service standards and about the rights of | |
domestic and small business customers that is to be made available to | |
those customers by public communications providers; | |
(e) any other matter appearing to OFCOM to be necessary for securing | |
effective protection for the domestic and small business customers of | 5 |
such providers. | |
(3) It shall be the duty of OFCOM, in setting conditions in accordance with | |
subsection (1), to secure so far as they consider appropriate— | |
(a) that the procedures established and maintained for the handling of | |
complaints and the resolution of disputes are easy to use, transparent | 10 |
and effective; | |
(b) that domestic and small business customers have the right to use those | |
procedures free of charge; and | |
(c) that where public communications providers are in contravention of | |
conditions set in accordance with the preceding provisions of this | 15 |
section, the providers follow such procedures as may be required by | |
the general conditions. | |
(4) Subject to section 52, OFCOM’s duties under subsections (1) and (3) so far as | |
relating to procedures for the handling of complaints are to be performed, to | |
such extent as they consider appropriate, by the setting of general conditions | 20 |
requiring public communications providers to establish and maintain | |
procedures that conform with a code of practice which is— | |
(a) applicable to the providers to whom the conditions apply; and | |
(b) for the time being approved by OFCOM for the purposes of this | |
subsection. | 25 |
(5) Subject to section 52, OFCOM’s duties under subsections (1) and (3) so far as | |
relating to procedures for resolving disputes are to be performed, to such | |
extent as they consider appropriate, by the setting of general conditions | |
requiring public communications providers— | |
(a) to establish and maintain procedures for resolving disputes; and | 30 |
(b) to secure that those procedures are, and continue to be, approved by | |
OFCOM. | |
(6) In this section “domestic and small business customer”, in relation to a public | |
communications provider, means a customer of that provider who is neither— | |
(a) himself a communications provider; nor | 35 |
(b) a person who is such a customer in respect of an undertaking carried on | |
by him for which more than ten individuals work (whether as | |
employees or volunteers or otherwise). | |
50 Approval of codes of practice for the purposes of s. 49 | |
(1) Where a code of practice is submitted to OFCOM for approval, they shall | 40 |
approve that code if and only if, in their opinion, it makes all such provision as | |
they consider necessary in relation to the matters dealt with in the code for the | |
protection of the domestic and small business customers of the public | |
communications providers to whom the code applies. | |
(2) It shall be the duty of OFCOM to keep under review the codes of practice for | 45 |
the time being approved by them. | |
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(3) OFCOM may at any time, by a notification given or published in such manner | |
as they consider appropriate— | |
(a) approve modifications that have been made to an approved code; | |
(b) withdraw their approval from a code; or | |
(c) give notice that the withdrawal of their approval will take effect from | 5 |
such time as may be specified in the notification unless such | |
modifications of the code as are specified in the notification are made | |
before that time. | |
(4) In considering— | |
(a) whether to approve a code of practice, or | 10 |
(b) whether or in what manner to exercise their powers under subsections | |
(2) and (3) of this section, | |
OFCOM must have regard to the matters mentioned in subsection (5). | |
(5) Those matters are— | |
(a) the need to secure that customers are able readily to comprehend the | 15 |
procedures that are provided for by an approved code of practice; | |
(b) the need to secure that there is consistency between the different codes | |
for the time being approved by OFCOM; and | |
(c) the need to secure that the number of different codes so approved is | |
kept to a minimum. | 20 |
(6) In this section— | |
“approval” means approval for the purposes of section 49(4) and | |
“approve” and “approved” are to be construed accordingly; and | |
“domestic and small business customer” has the same meaning as in | |
section 49. | 25 |
51 Approval of dispute procedures for the purposes of s. 49 | |
(1) Before giving their approval to any dispute procedures, OFCOM must consult | |
the Secretary of State. | |
(2) OFCOM are not to approve dispute procedures unless they are satisfied that | |
the arrangements under which the procedures have effect— | 30 |
(a) are administered by person who is for practical purposes independent | |
(so far as decisions in relation to disputes are concerned) of both | |
OFCOM and the communications providers to whom the | |
arrangements apply; | |
(b) give effect to procedures that are easy to use, transparent and effective; | 35 |
(c) give, in the case of every communications provider to whom the | |
arrangements apply, a right to each of his domestic and small business | |
customers to use the procedures free of charge; | |
(d) ensure that all information necessary for giving effect to the procedures | |
is obtained; | 40 |
(e) ensure that disputes are effectively investigated; | |
(f) include provision conferring power to make awards of appropriate | |
compensation; and | |
(g) are such as to enable awards of compensation to be properly enforced. | |
(3) OFCOM may approve dispute procedures subject to such conditions | 45 |
(including conditions as to the provision of information to OFCOM) as they | |
may think fit. | |
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(4) It shall be the duty of OFCOM to keep under review the dispute procedures for | |
the time being approved by them. | |
(5) OFCOM may at any time, by a notification given or published in such manner | |
as they consider appropriate— | |
(a) modify the conditions of their approval of any dispute procedures or | 5 |
withdraw such an approval; or | |
(b) give notice that the modification of those conditions, or the withdrawal | |
of such an approval, will take effect from such time as may be specified | |
in the notification unless the procedures (or the arrangements under | |
which they have effect) are modified before that time in the manner | 10 |
required by the notification. | |
(6) In considering— | |
(a) whether to approve dispute procedures, or | |
(b) whether or in what manner to exercise their powers under subsections | |
(3) to (5), | 15 |
OFCOM must have regard to the matters mentioned in subsection (7). | |
(7) Those matters are— | |
(a) the need to secure that customers are able readily to comprehend | |
dispute procedures; | |
(b) the need to secure that there is consistency between the different | 20 |
procedures for the time being approved by OFCOM; and | |
(c) the need to secure that the number of different sets of procedures so | |
approved is kept to a minimum. | |
(8) In this section— | |
“approval” means approval for the purposes of subsection (5) of section | 25 |
49 and “approve” and “approved” are to be construed accordingly; | |
“dispute procedures” means any such procedures as may fall to be | |
approved for the purposes of that subsection; and | |
“domestic and small business customer” has the same meaning as in | |
section 49. | 30 |
52 Orders by OFCOM in the absence of conditions under s. 49 | |
(1) OFCOM may make an order under this section if, at any time, they consider in | |
relation to any one or more public communications providers— | |
(a) that it is not practicable, or at least not appropriate, for OFCOM’s duties | |
under subsections (1) and (3) of section 49 to be performed in a | 35 |
particular respect by the setting of general conditions; and | |
(b) that it is necessary to make the order for the purpose— | |
(i) of securing the necessary protection for the customers of that | |
provider or of those providers; or | |
(ii) of securing compliance with a Community obligation. | 40 |
(2) An order under this section may make such of the following provisions as | |
OFCOM think fit— | |
(a) provision imposing requirements with respect to the complaints and | |
disputes mentioned in section 49(2); | |
(b) provision for the enforcement of those requirements; | 45 |
(c) provision making other arrangements for the purposes of those | |
requirements. | |
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(3) The power to make provision by an order under this section includes, in | |
particular— | |
(a) power to establish a body corporate with the capacity to make its own | |
rules and to establish its own procedures; | |
(b) power to determine the jurisdiction of a body established by such an | 5 |
order or, for the purposes of the order, of any other person; | |
(c) power to confer jurisdiction with respect to any matter on OFCOM | |
themselves; | |
(d) power to provide for a person on whom jurisdiction is conferred by the | |
arrangements to make awards of compensation, to direct the | 10 |
reimbursement of costs or expenses, or to do both; | |
(e) power to provide for such a person to enforce, or to participate in the | |
enforcement of, any awards or directions made under such an order; | |
and | |
(f) power to make such other provision as OFCOM think fit for the | 15 |
enforcement of such awards and directions. | |
(4) An order under this section may require such public communications | |
providers as may be determined by or under the order to make payments to | |
OFCOM in respect of expenditure incurred by OFCOM in connection with— | |
(a) the establishment and maintenance, in accordance with such an order, | 20 |
of a body corporate or of a procedure; or | |
(b) the making of any other arrangements for the purposes of the | |
requirements of such an order. | |
(5) The consent of the Secretary of State is required for the making by OFCOM of | |
an order under this section. | 25 |
(6) Section 396 applies to the power of OFCOM to make an order under under this | |
section. | |
(7) A statutory instrument containing an order made by OFCOM under this | |
section shall be subject to annulment in pursuance of a resolution of either | |
House of Parliament. | 30 |
General conditions: telephone numbers | |
53 The National Telephone Numbering Plan | |
(1) It shall be the duty of OFCOM to publish a document (to be known as “the | |
National Telephone Numbering Plan”) setting out— | |
(a) the numbers that they have determined to be available for allocation by | 35 |
them as telephone numbers; | |
(b) such restrictions as they consider appropriate on the adoption of | |
numbers available for allocation in accordance with the plan; and | |
(c) such restrictions as they consider appropriate on the other uses to | |
which numbers available for allocation in accordance with the plan | 40 |
may be put. | |
(2) It shall be OFCOM’s duty— | |
(a) from time to time to review the National Telephone Numbering Plan; | |
and | |
(b) to make any revision of that plan that they think fit in consequence of | 45 |
such a review; | |
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but this duty must be performed in compliance with the requirements, so far | |
as applicable, of section 57. | |
(3) OFCOM must also keep such day to day records as they consider appropriate | |
of the telephone numbers allocated by them in accordance with the National | |
Telephone Numbering Plan. | 5 |
(4) The publication of the National Telephone Numbering Plan, or of a revision of | |
it, must be in such manner as appears to OFCOM to be appropriate for bringing | |
the contents of the Plan, or of the revised Plan, to the attention of such persons | |
as OFCOM consider appropriate. | |
(5) In this Chapter references to a telephone number are (subject to subsection (7)) | 10 |
references to any number that is used (whether or not in connection with | |
telephony) for any one or more of the following purposes— | |
(a) identifying the destination for, or recipient of, an electronic | |
communication; | |
(b) identifying the origin, or sender, of an electronic communication; | 15 |
(c) identifying the route for an electronic communication; | |
(d) identifying the source from which an electronic communication or | |
electronic communications service may be obtained or accessed; | |
(e) selecting the service that is to be obtained or accessed, or required | |
elements or characteristics of that service; or | 20 |
(f) identifying the communications provider by means of whose network | |
or service an electronic communication is to be transmitted, or treated | |
as transmitted. | |
(6) In this Chapter references to the adoption of a telephone number by a | |
communications provider are references to his doing any of the following in | 25 |
relation to a number allocated (whether or not to that provider) by OFCOM— | |
(a) allocating or transferring that number to a particular customer or piece | |
of apparatus; | |
(b) using that number for identifying a service or route used by that | |
provider or by any of his customers; | 30 |
(c) using that number for identifying a communication as one to be | |
transmitted by that provider; | |
(d) designating that number for use in selecting a service or the required | |
elements or characteristics of a service; | |
(e) authorising the use of that number by others for any of the purposes | 35 |
mentioned in subsection (5). | |
(7) The Secretary of State may by order exclude such numbers as may be described | |
in the order from the numbers that are to be treated as telephone numbers for | |
the purposes of this Chapter. | |
(8) No order is to be made containing provision authorised by subsection (7) | 40 |
unless a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
(9) References in this section to the allocation of a number are references to its | |
allocation for the purposes of general conditions under section 55 or in | |
accordance with conditions under section 56. | 45 |
(10) In this section— | |
“electronic communication” means a communication for transmission by | |
means of an electronic communications network; and | |
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