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grant of such access, by way of renewal of a previous licence or | |
grant.” | |
Finance Act 1998 | |
152 In section 118(1) of the Finance Act 1998 (c. 36) (claims for income tax | |
purposes), for “a telecommunication system (within the meaning of the | 5 |
Telecommunications Act 1984)” there shall be substituted “an electronic | |
communications service”. | |
Competition Act 1998 | |
153 (1) Schedule 7 to the Competition Act 1998 (c. 41) (members of Commission | |
appointed under certain enactments) shall be amended as follows. | 10 |
(2) In paragraph 2(1)(d), for sub-paragraph (iii) there shall be substituted— | |
“(iii) section 191(1) of the Communications Act 2003;”. | |
(3) In paragraph 19A(9), in the definition of “special reference group”, after | |
paragraph (n) there shall be inserted “or | |
(o) section 190 of the Communications Act 2003.” | 15 |
154 In paragraph 1 of Schedule 7A to that Act (procedural rules), in the | |
definition of “special investigation”, for “and (n)” there shall be substituted | |
“, (n) and (o)”. | |
Regional Development Agencies Act 1998 | |
155 (1) Schedule 6 to the Regional Development Agencies Act 1998 (c. 45) (land | 20 |
acquired by regional development agencies) shall be amended as follows. | |
(2) In paragraphs 1, 2, 8, 9 and 11— | |
(a) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”; | |
(b) for “a telecommunications code system” and “any | 25 |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | |
(c) for “telecommunications apparatus” and “telecommunication | |
apparatus”, wherever occurring, there shall be substituted | |
“electronic communications apparatus”; | 30 |
(d) for “such system” and “the system”, wherever occurring, there shall | |
be substituted, respectively, “such network” and “the network”. | |
Finance Act 1999 | |
156 In section 132(10) of the Finance Act 1999 (c. 16) (power to provide for use of | |
electronic communications), for “a telecommunication system (within the | 35 |
meaning of the Telecommunications Act 1984)” there shall be substituted | |
“an electronic communications service”. | |
Greater London Authority Act 1999 | |
157 (1) Section 235 of the Greater London Authority Act 1999 (c. 29) (restrictions on | |
disclosure of information) shall be amended as follows. | 40 |
(2) In subsection (2)(c), for sub-paragraph (iv) there shall be substituted— | |
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“(iv) the Office of Communications,”. | |
(3) In subsection (3), after paragraph (rs) there shall be inserted— | |
“(rt) the Communications Act 2003;”. | |
Electronic Communications Act 2000 | |
158 In section 15(1) of the Electronic Communications Act 2000 (c. 7) (general | 5 |
interpretation), in the definition of “electronic communication”, for “a | |
telecommunication system (within the meaning of the Telecommunications | |
Act 1984)” there shall be substituted “an electronic communications | |
network”. | |
Television Licences (Disclosure of Information) Act 2000 | 10 |
159 In section 5 of the Television Licences (Disclosure of Information) Act 2000 | |
(c. 15) (interpretation)— | |
(a) for the definitions of “the BBC” and “television licence” there shall be | |
substituted— | |
“‘the BBC’ means the British Broadcasting | 15 |
Corporation;”; | |
(b) after the definition of “prescribed” there shall be inserted— | |
“‘television licence’ means a licence for the purposes of | |
section 356 of the Communications Act 2003;”. | |
Finance Act 2000 | 20 |
160 In paragraph 8 of Schedule 38 to the Finance Act 2000 (c. 17) (regulations for | |
providing incentives for electronic communications), in the definition of | |
“electronic communications”, for “a telecommunication system (within the | |
meaning of the Telecommunications Act 1984)” there shall be substituted | |
“an electronic communications service”. | 25 |
Regulation of Investigatory Powers Act 2000 | |
161 (1) The Regulation of Investigatory Powers Act 2000 (c. 23) shall be amended as | |
follows. | |
(2) In section 26(6)(a) (surveillance carried out for detecting unlicensed TV use), | |
for “section 1 of the Wireless Telegraphy Act 1949)” there shall be | 30 |
substituted “Part 4 of the Communications Act 2003)”. | |
(3) In Part 1 of Schedule 1 (relevant public authorities for the purposes of | |
sections 28 and 29 of that Act), after paragraph 23 there shall be inserted— | |
“23A The Office of Communications.” | |
Postal Services Act 2000 | 35 |
162 (1) The Postal Services Act 2000 (c. 26) shall be amended as follows. | |
(2) In section 125(2)(a) (communications delivered otherwise than | |
electronically), for “a telecommunication system (within the meaning of the | |
Telecommunications Act 1984)” there shall be substituted “an electronic | |
communications network”. | 40 |
(3) In paragraph 3 of Schedule 7 (disclosure of information)— | |
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(a) in sub-paragraph (2), for paragraph (f) there shall be substituted— | |
“(f) the Office of Communications,”; | |
(b) in sub-paragraph (3), after paragraph (gh) there shall be inserted— | |
“(gi) the Communications Act 2003,”. | |
Utilities Act 2000 | 5 |
163 (1) Section 105 of the Utilities Act 2000 (c. 27) (general restrictions on disclosure | |
of information) shall be amended as follows. | |
(2) In subsection (5), for paragraph (d) there shall be substituted— | |
“(d) the Office of Communications;”. | |
(3) In subsection (6), after paragraph (s) there shall be inserted— | 10 |
“(t) the Communications Act 2003.” | |
Freedom of Information Act 2000 | |
164 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public | |
authorities), there shall be inserted at the appropriate place— | |
“The Consumer Panel established under section 15 of the | 15 |
Communications Act 2003.” | |
Countryside and Rights of Way Act 2000 | |
165 (1) The Countryside and Rights of Way Act 2000 (c. 37) shall be amended as | |
follows. | |
(2) In section 17(4) (byelaws not to interfere with certain rights), for paragraph | 20 |
(c) there shall be substituted— | |
“(c) with the provision of an electronic communications code | |
network or the exercise of any right conferred by or in | |
accordance with the electronic communications code on the | |
operator of any such network.” | 25 |
(3) In paragraph 8 of Schedule 1 (excepted land), for “a telecommunications | |
code system” there shall be substituted “an electronic communications code | |
network”. | |
Transport Act 2000 | |
166 (1) Paragraph 3 of Schedule 9 to the Transport Act 2000 (c. 38) (air traffic | 30 |
information) shall be amended as follows. | |
(2) In sub-paragraph (2), for paragraph (d) there shall be substituted— | |
“(d) the Office of Communications;”. | |
(3) In sub-paragraph (3)— | |
(a) after paragraph (q) there shall be inserted— | 35 |
“(qa) the Broadcasting Act 1996;”; | |
(b) after paragraph (ra) there shall be inserted— | |
“(rb) the Communications Act 2003;”. | |
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Political Parties, Elections and Referendums Act 2000 | |
167 (1) The Political Parties, Elections and Referendums Act 2000 (c. 41) shall be | |
amended as follows. | |
(2) In section 11(3) (broadcasters to have regard to Electoral Commission’s | |
views on political broadcasts), for the words from “and Sianel” to “regard” | 5 |
there shall be substituted “shall have regard, in determining its policy with | |
respect to party political broadcasts,”. | |
(3) In paragraph 4(6) of Schedule 12 (broadcasters to have regard to Electoral | |
Commission’s views on referendum campaign broadcasts), for the words | |
from “and Sianel” to “regard” there shall be substituted “shall have regard, | 10 |
in determining its policy with respect to referendum campaign broadcasts | |
by designated organisations,”. | |
Vehicles (Crime) Act 2001 | |
168 In sections 16(2)(a), 31(2)(a) and 40(6) of the Vehicles (Crime) Act 2001 (c. 3) | |
(transmission of representations and service of notices etc.), for “a | 15 |
telecommunication system (within the meaning of the Telecommunications | |
Act 1984 (c. 12))” there shall be substituted “an electronic communications | |
network”. | |
Criminal Justice and Police Act 2001 | |
169 In the table in section 1(1) of the Criminal Justice and Police Act 2001 (c. 16) | 20 |
(offences leading to penalties on the spot), after the entry relating to section | |
12 of that Act there shall be inserted— | |
| | “Section 124(2) of the | Using public electronic | | | | | Communications Act 2003 | communications network in | | | | | | order to cause annoyance, | | 25 | | | | inconvenience or needless | | | | | | anxiety” | | |
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Electronic Communications Act (Northern Ireland) 2001 | |
170 In section 4(1) of the Electronic Communications Act (Northern Ireland) | |
2001 (c. 9 (N.I.)) (interpretation), in the definition of “electronic | 30 |
communication”, for “a telecommunication system (within the meaning of | |
the Telecommunications Act 1984)” there shall be substituted “an electronic | |
communications network”. | |
Office of Communications Act 2002 | |
171 Sections 2, 4, 5 and 6 of the Office of Communications Act 2002 (c. 11) shall | 35 |
cease to have effect. | |
172 (1) The Schedule to that Act shall be amended as follows. | |
(2) The following shall cease to have effect— | |
(a) paragraph 1(4); | |
(b) paragraph 8(5); | 40 |
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(c) paragraph 17(8) and (9); and | |
(d) paragraph 20. | |
(3) For paragraph 8(1) there shall be substituted— | |
“(1) It shall be the duty of OFCOM so to conduct their affairs as to | |
secure that their revenues so far as they — | 5 |
(a) derive from the exercise of powers to impose charges or | |
fees in respect of the carrying out of particular functions, | |
and | |
(b) do not fall to be paid into the Consolidated Fund of the | |
United Kingdom or of Northern Ireland, | 10 |
are at least sufficient to cover the costs of carrying out the | |
functions to which the revenues relate.” | |
(4) After paragraph 14(3) (executive committees of OFCOM to include member | |
or employee of OFCOM) there shall be inserted— | |
“(3A) Sub-paragraph (3) has effect in the case of a committee of OFCOM | 15 |
which— | |
(a) is not the Content Board, but | |
(b) has functions that are confined to functions falling within | |
section 12(2) of the Communications Act 2003 (functions | |
within the Content Board’s remit), | 20 |
as if the reference in that sub-paragraph to a member of OFCOM | |
included a reference to a member of the Content Board who is not | |
a member of OFCOM.” | |
Tobacco Advertising and Promotion Act 2002 | |
173 (1) Section 12 of the Tobacco Advertising and Promotion Act 2002 (c. 36) | 25 |
(exclusion from that Act of advertising on television and radio) shall be | |
amended as follows. | |
(2) For subsection (3) there shall be substituted— | |
“(3) This subsection applies to — | |
(a) a service falling within section 208(1) of the Communications | 30 |
Act 2003 (independent television services regulated by the | |
Office of Communications) which is not an additional | |
television service (within the meaning of Part 3 of that Act); | |
and | |
(b) an additional television service comprised in the public | 35 |
teletext service (within the meaning of that Part).” | |
(3) For subsection (5) there shall be substituted— | |
“(5) This subsection applies to a service which— | |
(a) falls within section 242(1) of the Communications Act 2003 | |
(independent radio services regulated by the Office of | 40 |
Communications), but | |
(b) is not a digital additional sound service (within the meaning | |
of Part 3 of that Act).” | |
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Enterprise Act 2002 | |
174 (1) The Enterprise Act 2002 (c. 40) shall be amended as follows. | |
(2) In section 126(6) (service of documents electronically), for “a | |
telecommunication system (within the meaning of the Telecommunications | |
Act 1984 (c. 12))” there shall be substituted “an electronic communications | 5 |
network”. | |
(3) In section 128(5) (supply of services and market for services etc.), for “section | |
189(2) of the Broadcasting Act 1990 (c. 42)” there shall be substituted | |
“paragraph 29 of Schedule 2 to the Telecommunications Act 1984”. | |
(4) In section 136 (investigations and reports on market investigation | 10 |
references)— | |
(a) in subsection (7), after paragraph (g) there shall be inserted— | |
“(h) in relation to the Office of Communications, sections | |
363 and 364 of the Communications Act 2003.”; | |
(b) in subsection (8), for “or the Civil Aviation Authority” there shall be | 15 |
substituted “, the Civil Aviation Authority or the Office of | |
Communications”. | |
(5) In section 168 (regulated markets)— | |
(a) in subsection (3)(e), for “section 39(1) of the Broadcasting Act 1990 | |
(c. 42)” there shall be substituted “section 285 of the Communications | 20 |
Act 2003”; | |
(b) for subsection (4)(e), there shall be substituted— | |
“(e) in relation to any networking arrangements (within | |
the meaning given by section 285 of the | |
Communications Act 2003), the duty of the Office of | 25 |
Communications under subsection (1) of section 3 of | |
that Act to secure the matters mentioned in | |
subsection (2)(c) of that section;”; | |
(c) for subsection (5)(g), there shall be substituted— | |
“(g) the Office of Communications;”. | 30 |
(6) In section 234(5) (supply of services), for “section 189(2) of the Broadcasting | |
Act 1990 (c. 42)” there shall be substituted “paragraph 29 of Schedule 2 to the | |
Telecommunications Act 1984”. | |
(7) In Schedule 15 (enactments conferring functions), in the appropriate place, | |
there shall be inserted— | 35 |
“Communications Act 2003.” | |
Income Tax (Earnings and Pensions) Act 2003 | |
175 (1) The Income Tax (Earnings and Pensions) Act 2003 (c. 00) shall be amended | |
as follows. | |
(2) In section 319(3) (mobile telephones), in the definition of “telephone | 40 |
apparatus”, for “connected to a public telecommunication system (as | |
defined in section 9(1) of the Telecommunications Act 1984 (c. 12))” there | |
shall be substituted “used in connection with a public electronic | |
communications service”. | |
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(3) In section 320(7)(c)(ii) (limited exemption for computer equipment), for “any | |
public telecommunication system, and” there shall be substituted “a public | |
electronic communications service.” | |
Schedule 18 | |
Section 399 | |
Transitional Provisions | 5 |
General | |
1 (1) This paragraph applies where, at any time before the coming into force of a | |
transfer made by virtue of section 2— | |
(a) any subordinate legislation has been made in the carrying out of the | |
transferred functions by the person from whom the transfer is made; | 10 |
or | |
(b) any other thing has been done by or in relation to that person for the | |
purposes of or in connection with the carrying out of those functions. | |
(2) The subordinate legislation or other thing— | |
(a) is to have effect, on and after the coming into force of the transfer, | 15 |
and so far as necessary for its purposes, as if it had been made or | |
done by or in relation to OFCOM; and | |
(b) in the case of subordinate legislation to which section 396 applies | |
when it is made by OFCOM, shall so have effect as if made in | |
accordance with the requirements of that section. | 20 |
(3) Where any subordinate legislation, direction, authorisation or notice has | |
effect in accordance with this paragraph— | |
(a) so much of it as authorises or requires anything to be done by or in | |
relation to the person from whom the transfer is made is to have | |
effect in relation to times after the coming into force of the transfer as | 25 |
if it authorised or required that thing to be done by or in relation to | |
OFCOM; and | |
(b) other references in the subordinate legislation, direction, | |
authorisation or notice to the person from whom the transfer is made | |
are to have effect, in relation to such times, as references to OFCOM. | 30 |
Steps taken in anticipation of passing or coming into force of Act | |
2 (1) This paragraph applies where the Secretary of State or OFCOM is or are | |
required— | |
(a) by a provision of this Act, or | |
(b) by virtue of an amendment made by this Act, | 35 |
to take steps before exercising a power or performing a duty. | |
(2) The requirement is capable of being satisfied by the taking of the steps in | |
anticipation of effect being given to the provision by virtue of which the | |
power or duty is— | |
(a) conferred or imposed on the Secretary of State or OFCOM; or | 40 |
(b) transferred to OFCOM. | |
(3) For the purposes of sub-paragraph (2) it is immaterial— | |
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