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“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 | 5 |
expressions are to be construed accordingly; | |
“OFCOM” means the Office of Communications; | |
“other member State” means a member State other than the United | |
Kingdom; | |
“pre-commencement regulator” means any of the following— | 10 |
(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, | 15 |
anything included in that service; | |
“programme service” means— | |
(a) a television programme service; | |
(b) the public teletext service; | |
(c) an additional television service; | 20 |
(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; | 25 |
“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 | |
28(4); | |
“the radio transfer date” means the date on which the Radio Authority’s | 30 |
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; | 35 |
“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)); | 40 |
“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 | |
functions; | |
“television programme” means any programme (with or without sounds) | 45 |
which— | |
(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; | |
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“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 | 5 |
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. | 10 |
(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 | 15 |
enactment. | |
(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 | 20 |
(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— | 25 |
(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 | 30 |
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) | 35 |
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. | 40 |
(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 | 45 |
shall be disregarded, except where express provision is made to the contrary, | |
in determining whether it has been provided— | |
(a) for general reception; | |
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(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. | 5 |
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— | 10 |
(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 | |
Act. | |
(3) The Secretary of State may by order make any provision that he thinks fit for | 15 |
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. | 20 |
(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 | 25 |
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. | |
(6) Schedule 18 (which contains transitional provisions in connection with the | 30 |
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 | 35 |
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 | 40 |
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 | |
enactments— | 45 |
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(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); | |
(c) section 17(2) of the Lough Neagh and Lower Bann Drainage and | 5 |
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 | |
(c. lii); | 10 |
(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); | |
(h) section 25(1) of the Norfolk and Suffolk Broads Act 1988 (c. 4); | 15 |
(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 | |
(c. 42); | |
(k) section 3(1) of the British Waterways Act 1995 (c. i); | 20 |
(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— | 25 |
(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- | 30 |
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. | 35 |
(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. | 40 |
(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 | 45 |
1996 Act or that Part. | |
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