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PART II |
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TELECOMMUNICATIONS |
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New regulatory arrangements |
| The Telecommunications Authority. |
101. - (1) After section 1 of the Telecommunications Act 1984 (in this Part referred to as "the 1984 Act") there is inserted-
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| "The Telecommunications Authority. |
1A. - (1) There shall be a body corporate to be known as the Telecommunications Authority (in this Act referred to as "the Authority") for the purpose of carrying out-
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(a) functions transferred to the Authority from the Director General of Telecommunications; and |
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(b) the other functions of the Authority under this Act. |
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(2) The functions of the Authority shall be performed on behalf of the Crown.
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(3) The Authority shall have power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.
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(4) Schedule 1A shall have effect with respect to the Authority."
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(2) The office of Director General of Telecommunications is abolished.
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(3) After Schedule 1 to the 1984 Act there is inserted, as Schedule 1A under the heading "THE TELECOMMUNICATIONS AUTHORITY", paragraphs 1 to 10 of Schedule 1 to this Act.
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| Telecommunications Consumer Council. |
102. - (1) After section 1 of the 1984 Act there is inserted-
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| "The Telecommunications Consumer Council. |
1B. - (1) There shall be a body corporate to be known as the Telecommunications Consumer Council (in this Act referred to as "the Council") for the purpose of carrying out the functions of the Council under this Act.
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(2) The Council shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
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(3) Schedule 1B shall have effect with respect to the Council.
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| Co-operation between Authority and Council. |
1C. - (1) The Authority and the Council shall make arrangements with a view to securing-
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(a) co-operation and the exchange of information between them; and |
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(b) consistent treatment of matters which affect both of them. |
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(2) As soon as practicable after agreement is reached on those arrangements, the Authority and the Council shall prepare a memorandum setting them out and send a copy of it to the Secretary of State.
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(3) Arrangements under this section shall be kept under review by the Authority and the Council.
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(4) As soon as practicable after agreement is reached on any changes to those arrangements, the Authority and the Council shall revise their memorandum and send a copy of the revised memorandum to the Secretary of State.
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(5) The Secretary of State shall lay a copy of any document received by him under this section before each House of Parliament."
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(2) After Schedule 1 to the 1984 Act there is inserted, as Schedule 1B under the heading "THE TELECOMMUNICATIONS CONSUMER COUNCIL" paragraphs 1 to 17 of Schedule 2 to this Act.
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(3) The advisory bodies established under section 54(1) of the 1984 Act (advisory bodies for matters affecting England, Scotland, Wales and Northern Ireland) are abolished.
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| Transfer to Authority and Council of functions, property etc. |
103. - (1) The functions of the Director General of Telecommunications ("the Director"), other than functions to be transferred by any provision of this Part to the Council, are transferred by this subsection to the Authority.
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(2) Any enactment which-
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(a) relates to a function of the Director; and |
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(b) is in force immediately before the transfer by subsection (1) of that function,
shall have effect after the transfer, so far as necessary for the purposes of or in consequence of the transfer, as if references to the Director were references to the Authority. |
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(3) The Secretary of State may make one or more schemes ("transfer schemes") for the transfer of the property, rights and liabilities of the Director to the Authority or to the Council.
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(4) A transfer scheme may provide for the transfer to the Council of rights and liabilities relating to persons employed in the civil service of the state.
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(5) On the day appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this subsection, be transferred in accordance with the provisions of the scheme.
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(6) Schedule 3 has effect in relation to transfer schemes and transfers by any provision of this Part of functions, property, rights and liabilities to the Authority or Council.
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| Forward work programme and annual reports. |
104. - (1) After section 54 of the 1984 Act there is inserted-
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| "Forward work programme of the Authority and the Council. |
54A. - (1) The Authority and the Council shall, before each financial year, each publish a document (the "forward work programme") containing a general description of the projects, other than those comprising routine activities in the exercise of its functions, which it plans to undertake during the year.
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(2) That description must include the objectives of each project.
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(3) The forward work programme for any year shall also include an estimate of the overall expenditure which the Authority or the Council expects to incur during the year in the exercise of its functions.
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(4) Before publishing the forward work programme for any year, the Authority or the Council shall give notice-
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(a) containing a draft of the forward work programme, and |
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(b) specifying the time within which representations or objections to the proposals contained in it may be made,
and shall consider any representations or objections which are duly made and not withdrawn. |
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(5) The notice under subsection (4) must be published by the Authority or the Council in such manner as it considers appropriate for the purpose of bringing the matters contained in it to the attention of persons likely to be affected by them.
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(6) The Council must send a copy of any notice given by it under subsection (4) to the Authority and the Secretary of State.".
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(2) For section 55 of that Act (annual and other reports) there is substituted-
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| "Annual and other reports. |
55. - (1) The Authority shall, as soon as practicable after the end of each financial year, make to the Secretary of State a report (the "annual report" for that year) on-
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(a) its activities during that year, and |
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(b) the activities of the Commission during that year in respect of any references made by the Authority. |
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(2) The annual report for each year shall include-
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(a) a general survey of developments in respect of matters falling within the scope of the Authority's functions, including in particular developments in competition between persons engaged in commercial activities connected with telecommunications in the United Kingdom; |
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(b) a report on the progress of the projects described in the forward work programme for that year; |
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(c) a summary of final and provisional orders made and penalties imposed, by the Authority during the year; and |
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(d) a report on such other matters as the Secretary of State may from time to time require. |
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(3) The annual report for each year shall set out any general directions given by the Secretary of State under section 47(3).
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(4) The Secretary of State shall consult the Authority before exercising the power under subsection (2)(d) in relation to any matter.
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(5) The Secretary of State shall-
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(a) lay a copy of each annual report before each House of Parliament; and |
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(b) arrange for the report to be published in such manner as he considers appropriate. |
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(6) The Authority may also prepare other reports with respect to any matter falling within the scope of its functions and may arrange for any such report to be published in such manner as it considers appropriate.
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(7) The Authority shall send a copy of each annual or other report published under this section to the Council.
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(8) In making or preparing any report under this section the Authority shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 48(2)(a) and (b)."
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| Payments by licence holders relating to new arrangements. |
105. - (1) Conditions included in a licence by virtue of paragraph (b) of section 7(5) of the 1984 Act may, without prejudice to the generality of that paragraph, require the payment of sums relating to any expenses mentioned in subsection (2).
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(2) Those expenses are-
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(a) the expenses of the Council; and |
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(b) the expenses of the Secretary of State in relation to the establishment of the Authority or the Council. |
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(3) The Authority may, in accordance with this section, modify any conditions of a licence included by virtue of section 7(5)(b) where the Authority considers it necessary or expedient to do so in consequence of-
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(a) the establishment of the Authority or the Council; or |
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(b) the abolition of an office or body mentioned in section 101(2) or 102(3)). |
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(4) Where the Authority modifies any payment conditions of a licence under subsection (3) it may make such incidental or consequential modifications as it considers necessary or expedient of the other conditions of the licence.
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(5) Before modifying the conditions of a licence under subsection (3) or (4) the Authority shall-
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(a) in the case of a licence granted to a particular person, consult that person; |
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(b) in the case of a licence granted to persons of a class, give notice in accordance with subsection (6). |
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(6) The notice under subsection (5)(b) is a notice-
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(a) stating that the Authority proposes to make the modifications, setting out their effect and stating the reasons why he proposes to make them; and |
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(b) specifying the time (not being less than 28 days from the date of publication of the notice) within which representations with respect to the proposed modifications may be made). |
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(7) A notice under subsection (5)(b) shall be given by publication in such manner as the Authority considers appropriate for the purpose of bringing it to the attention of persons likely to be affected.
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(8) The powers of the Authority under subsections (3) and (4) may not be exercised after the end of the period of two years beginning with the commencement of this section.
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(9) The Secretary of State may, for the purpose of securing the payment to the Authority of sums relating to any of the expenses mentioned in subsection (2) (in addition to any other sums that may be payable), give a direction to the Authority as to the inclusion of conditions in licences by virtue of section 7(5)(b) of the 1984 Act; and the Authority shall comply with any such direction.
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