“international obligation of the United Kingdom” includes any
Community obligation and any obligation which will or may arise
under any international agreement or arrangements to which the
United Kingdom is a party;
“modification” includes omissions, alterations and additions, and cognate
expressions are to be construed accordingly;
“OFCOM” means the Office of Communications;
“other member State” means a member State other than the United
“pre-commencement regulator” means any of the following—
(a) the Broadcasting Standards Commission;
(b) the Director General of Telecommunications;
(c) the Independent Television Commission;
(d) the Radio Authority;
“programme” includes an advertisement and, in relation to a service,
anything included in that service;
“programme service” means—
(a) a television programme service;
(b) the public teletext service;
(c) an additional television service;
(d) a digital additional television service;
(e) a radio programme service; or
(f) a sound service provided by the BBC;
and expressions used in this definition and in Part 3 have the same
meanings in this definition as in that Part;
“provide” and cognate expressions, in relation to an electronic
communications network, electronic communications service or
associated facilities, are to be construed in accordance with section
“the radio transfer date” means the date on which the Radio Authority’s
functions under Part 3 of the 1990 Act and Part 2 of the 1996 Act are
transferred under this Act to OFCOM;
“representation”, in relation to a proposal or the contents of any notice or
notification, includes an objection to the proposal or (as the case may
be) to the whole or any part of those contents;
“subordinate legislation” means—
(a) any subordinate legislation, within the meaning of the
Interpretation Act 1978 (c. 30); or
(b) any statutory rules (within the meaning of the Statutory Rules
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12));
“television and radio services” means—
(a) programme services apart from those provided by the BBC; and
(b) services provided by the BBC in relation to which OFCOM have
“television programme” means any programme (with or without sounds)
(a) is produced wholly or partly to be seen on television; and
(b) consists of moving or still images or of legible text or of a
combination of those things;
“the television transfer date” means the date on which the Independent
Television Commission’s functions under Part 1 of the 1990 Act and
Part 1 of the 1996 Act are transferred under this Act to OFCOM;
“TV licence” means a licence for the purposes of section 349;
“the Welsh Authority” means the authority whose name is, by virtue of
section 56(1) of the 1990 Act, Sianel Pedwar Cymru;
“wireless telegraphy” has the same meaning as in the Wireless Telegraphy
Act 1949 (c. 54);
“wireless telegraphy licence” means a licence under section 1 of the
Wireless Telegraphy Act 1949.
(2) Any power under this Act to provide for the manner in which anything is to be
done includes power to provide for the form in which it is to be done.
(3) References in this Act to OFCOM’s functions under an enactment include
references to their power to do anything which appears to them to be
incidental or conducive to the carrying out of their functions under that
(4) References in this Act to access—
(a) in relation to an electronic communications network or electronic
communications service, are references to the opportunity of making
use of the network or service; and
(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—
(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
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)
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 307.
(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
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.
(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.
391 Minor and consequential amendments, transitionals and repeals
(1) Schedule 17 (which provides for minor and consequential amendments in
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
(b) appear to him to be appropriate in consequence of that provision of this
(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
in this Act, for a reference to something equivalent or similar that was defined
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 local enactments and of 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
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
(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
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;
(c) an order or scheme made under an Act which has been confirmed by
Parliament or brought into operation in accordance with special
(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
(a) sections 11 and 14 of the London Overground Wires, etc. Act 1933
(b) section 7(6) of the London County Council (General Powers) Act 1949
(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
(f) section 20(1)(a) of the Thames Barrier and Flood Prevention Act 1972
(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);
(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);
(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
(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
Channel Tunnel Rail Link Act 1996 (c. 61).
(10) This section has effect subject to section 393.
392 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; and
(b) the enactments relating to broadcasting,
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-
(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.
(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.
(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
1996 Act or that Part.