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393 Transitional provision for anticipatory carrying out of functions | |
(1) This section applies where an order under section 395 bringing into force— | |
(a) a provision of Part 1, 2 or 6, or | |
(b) a provision of Chapter 1 of Part 5, | |
states that that provision is brought into force at a particular time for the | 5 |
purpose only of enabling specified networks and services functions, or | |
specified spectrum functions, to be carried out during the transitional period | |
by the Director General of Telecommunications or the Secretary of State. | |
(2) In relation to times falling in the transitional period, that provision is to have | |
effect as if— | 10 |
(a) references in that provision to OFCOM, and | |
(b) references to OFCOM inserted by that provision in any other | |
enactment, | |
were references, in accordance with subsection (3), to the Director General of | |
Telecommunications or to the Secretary of State. | 15 |
(3) The references have effect— | |
(a) as references to the Director General of Telecommunications to the | |
extent that the provision is brought into force for the purpose of | |
enabling specified networks and services functions to be carried out; | |
and | 20 |
(b) as references to the Secretary of State, to the extent that the provision is | |
brought into force for the purpose of enabling specified spectrum | |
functions to be carried out. | |
(4) An order bringing a provision into force as mentioned in subsection (1) may | |
include provision specifying the extent to which it is to be taken, for the | 25 |
purposes of subsection (3), to have been brought into force for the purpose of | |
enabling particular functions to be carried out. | |
(5) In relation to times after the end of the transitional period for a provision which | |
has been brought into force for enabling specified functions to be carried out | |
by the Director General of Telecommunications or the Secretary of State, | 30 |
anything which— | |
(a) was done, during that period, by or in relation to that Director or the | |
Secretary of State, and | |
(b) was so done for the purposes of, or in connection with, the carrying out | |
of those functions, | 35 |
is to have effect as if had been done by or in relation to OFCOM. | |
(6) In this section “the transitional period”, in relation to a provision brought into | |
force as mentioned in subsection (1) by an order under section 395, means the | |
period which— | |
(a) begins with the time when it is so brought into force; and | 40 |
(b) ends with the time from which that order, or a subsequent order under | |
that section, brings the provision into force for the purpose of | |
conferring on OFCOM the functions in question. | |
(7) In this section “networks and services functions” means any of the following | |
functions of OFCOM under this Act— | 45 |
(a) their functions under sections 21 and 22; | |
(b) their functions under Chapter 1 of Part 2; | |
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(c) their functions under Chapter 3 of Part 2, except to the extent that those | |
functions relate to— | |
(i) disputes relating to rights or obligations conferred or imposed | |
by or under the enactments relating to the management of the | |
radio spectrum; or | 5 |
(ii) decisions made under those enactments; | |
(d) their functions under Chapter 1 of Part 5, except to the extent that those | |
functions relate to broadcasting or related matters; | |
(e) their functions under Schedule 18 to this Act in relation to the abolition | |
of licensing (within the meaning of that Schedule). | 10 |
(8) In this section “spectrum functions” means— | |
(a) the functions under the enactments relating to the management of the | |
radio spectrum which by virtue of this Act are conferred on OFCOM; | |
and | |
(b) the functions conferred on OFCOM by so much of Chapter 3 of Part 2 | 15 |
as relates to the disputes and decisions mentioned in subsection (7)(c). | |
394 Application of enactments to territorial sea and other waters | |
(1) This section applies to— | |
(a) provision made by or under Part 2 of this Act; | |
(b) any provision of the enactments relating to the management of the | 20 |
radio spectrum that are not contained in that Part; and | |
(c) any provision of Chapter 1 of Part 5 of this Act so far as it relates to a | |
matter as respects which provision falling within paragraph (a) or (b) is | |
made. | |
(2) Her Majesty may by Order in Council provide— | 25 |
(a) for an area of the territorial sea to be treated, for the purposes of any | |
provision to which this section applies, as if it were situated in such part | |
of the United Kingdom as may be specified in the Order; and | |
(b) for jurisdiction with respect to questions arising in relation to the | |
territorial sea under any such provision to be conferred on courts in a | 30 |
part of the United Kingdom so specified. | |
(3) An Order in Council under section 11 of the Petroleum Act 1998 (c. 17) | |
(application of civil law to offshore installations etc.) may make provision for | |
treating— | |
(a) an installation with respect to which provision is made under that | 35 |
section and which is outside the territorial sea but in waters to which | |
that section applies, and | |
(b) waters within 500 metres of the installation, | |
as if for the purposes of provisions to which this section applies, they were | |
situated in such part of the United Kingdom as is specified in the Order. | 40 |
(4) The jurisdiction conferred on a court by an Order in Council under this section | |
is in addition to any jurisdiction exercisable apart from this section by that or | |
any other court. | |
(5) Subsection (3) of section 387 applies to the power to make an Order in Council | |
under this section as it applies to any power of the Secretary of State to make | 45 |
an order under this Act, but as if references in that subsection to the Secretary | |
of State were references to Her Majesty in Council. | |
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(6) A statutory instrument containing an Order in Council under this section shall | |
be subject to annulment in pursuance of a resolution of either House of | |
Parliament. | |
(7) In this section— | |
“installation” includes any floating structure or device maintained on a | 5 |
station or by whatever means, and installations in transit; | |
“the territorial sea” means the territorial sea adjacent to the United | |
Kingdom. | |
395 Short title, commencement and extent | |
(1) This Act may be cited as the Communications Act 2003. | 10 |
(2) This Act (except the provisions listed in subsection (3), which come into force | |
on the passing of this Act) shall come into force on such day as the Secretary of | |
State may by order appoint; and different days may be appointed under this | |
subsection for different purposes. | |
(3) Those provisions are sections 27(1) to (4) and (6) and 390 and this section. | 15 |
(4) This Act extends to Northern Ireland. | |
(5) Subject to subsection (6), Her Majesty may by Order in Council extend the | |
provisions of this Act, with such modifications as appear to Her Majesty in | |
Council to be appropriate, to any of the Channel Islands or to the Isle of Man. | |
(6) Subsection (5) does not authorise the extension to any place of a provision of | 20 |
this Act so far as it gives effect to an amendment of an enactment that is not | |
itself capable of being extended there in exercise of a power conferred on Her | |
Majesty in Council. | |
(7) Subsection (3) of section 387 applies to the power to make an Order in Council | |
under this section as it applies to any power of the Secretary of State to make | 25 |
an order under this Act, but as if references in that subsection to the Secretary | |
of State were references to Her Majesty in Council. | |
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Schedules | |
Schedule 1 | |
Section 2 | |
Functions transferred to OFCOM | |
Wireless telegraphy functions | |
1 (1) Subject to sub-paragraphs (2) and (3), the functions of the Secretary of State | 5 |
under the following enactments are transferred to OFCOM— | |
(a) the Wireless Telegraphy Act 1949 (c. 54); | |
(b) section 7 of the Wireless Telegraphy Act 1967 (c. 72) (restriction on | |
dealings in, and custody of, certain apparatus); | |
(c) Part 6 of the Telecommunications Act 1984 (c. 12) (provisions | 10 |
relating to wireless telegraphy); | |
(d) the Wireless Telegraphy Act 1998 (c. 6). | |
(2) The following functions remain functions of the Secretary of State— | |
(a) his functions under section 5 of the Wireless Telegraphy Act 1949 | |
(misleading messages and interception and disclosure of wireless | 15 |
telegraphy messages); | |
(b) his functions under section 6 of that Act (regulations about apparatus | |
on board ships etc.); | |
(c) his functions under section 7 of that Act (powers as to wireless | |
personnel). | 20 |
(3) The functions of the Secretary of State under section 84 of the | |
Telecommunications Act 1984 (approval of wireless telegraphy | |
apparatus)— | |
(a) if an order made by the Secretary of State under subsection (8A) of | |
that section is in force, shall be exercisable by him and by OFCOM in | 25 |
accordance with that order; and | |
(b) if there is no such order, shall be exercisable by OFCOM. | |
2 (1) The functions of the Secretary of State under section 7A of the Marine, &c., | |
Broadcasting (Offences) Act 1967 (c. 41) (powers of enforcement of marine | |
offences under that Act) shall (with the following exception) be exercisable | 30 |
concurrently by the Secretary of State and OFCOM. | |
(2) The exception is the functions of the Secretary of State under that section so | |
far as they relate to powers exercisable by virtue of subsection (7) of that | |
section. | |
Functions in relation to the licensing etc. of television services | 35 |
3 The following functions of the Independent Television Commission are | |
transferred to OFCOM— | |
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(a) the function of granting or awarding licences under Part 1 of the 1990 | |
Act (independent television services) and Part 1 of the 1996 Act | |
(digital television broadcasting); | |
(b) the Commission’s functions under those Parts in relation to, and to | |
applications for, licences under either of those Parts; | 5 |
(c) the function of securing the provision of a nationwide system of | |
television broadcasting services known as Channel 3; | |
(d) the function of securing the provision of the television broadcasting | |
service known as Channel 5; | |
(e) the Commission’s functions under section 32 of the 1990 Act | 10 |
(nomination of bodies eligible for appointment as news provider). | |
Functions in relation to C4C | |
4 The functions conferred on the Independent Television Commission by or | |
under section 23 of the 1990 Act and under Schedule 3 to that Act | |
(appointment of members of C4C and related administrative functions) are | 15 |
transferred to OFCOM. | |
Functions in relation to the licensing of radio services | |
5 The following functions of the Radio Authority are transferred to OFCOM— | |
(a) the function of granting or awarding licences under Part 3 of the 1990 | |
Act (independent radio services) and Part 2 of the 1996 Act (digital | 20 |
sound broadcasting); and | |
(b) the Authority’s functions under those Parts in relation to licences | |
granted or awarded under those Parts. | |
Functions in relation to the proscription of foreign satellite services | |
6 The functions of the Independent Television Commission and of the Radio | 25 |
Authority under section 177 of the 1990 Act (proscription of foreign satellite | |
services) are transferred to OFCOM. | |
Functions in relation to Gaelic broadcasting | |
7 The functions of the Independent Television Commission under sections 183 | |
and 184 of the 1990 Act and the functions of that Commission and of the | 30 |
Radio Authority under Schedule 19 to that Act (Gaelic broadcasting) are | |
transferred to OFCOM. | |
Functions in relation to the national television archive | |
8 The functions of the Independent Television Commission under section 185 | |
of the 1990 Act (maintenance of the national television archive) are | 35 |
transferred to OFCOM. | |
Warrants to enter and search premises to enforce broadcasting licences provisions | |
9 The functions of the Independent Television Commission and of the Radio | |
Authority under section 196(1) of the 1990 Act (entry and search for the | |
purposes of enforcing licensing provisions of the 1990 and 1996 Acts) are | 40 |
transferred to OFCOM. | |
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Variation of existing Channel 3 and Channel 5 licences | |
10 Any power to vary licences which is conferred on the Independent | |
Television Commission by an order under section 28 of the 1996 Act is | |
transferred to OFCOM. | |
Reports for the purposes of the review of digital television broadcasting | 5 |
11 The functions of the Independent Television Commission and of the Radio | |
Authority under sections 33 and 67 of the 1996 Act (reports to the Secretary | |
of State for the purposes of his review of digital broadcasting) are | |
transferred to OFCOM. | |
Functions in relation to reservation of digital capacity to the BBC | 10 |
12 The function of the Secretary of State under section 49(4) of the 1996 Act | |
(reserving digital capacity on a local radio multiplex service for the BBC) is | |
transferred to OFCOM. | |
Functions in relation to listed events | |
13 The functions of the Independent Television Commission under Part 4 of the | 15 |
1996 Act (functions in connection with listed events) are transferred to | |
OFCOM. | |
Functions relating to fairness and privacy in broadcasting | |
14 The following functions of the Broadcasting Standards Commission under | |
Part 5 of the 1996 Act are transferred to OFCOM— | 20 |
(a) the Commission’s function of drawing up and from time to time | |
revising a code of practice under section 107 of that Act (codes of | |
practice relation to fairness and privacy); and | |
(b) their functions in relation to fairness complaints under that Part. | |
Schedule 2 | 25 |
Section 26 | |
Transfer schemes | |
Contents of transfer scheme | |
1 (1) A transfer scheme— | |
(a) shall set out the property, rights and liabilities to be transferred by | |
the scheme; and | 30 |
(b) may make incidental, supplemental, consequential and transitional | |
provision in connection with the transfer of that property and of | |
those rights and liabilities. | |
(2) The provisions of the scheme setting out the property rights and liabilities to | |
be transferred may do so in either or both of the following ways— | 35 |
(a) by specifying them or describing them in particular; or | |
(b) by identifying them generally by reference to, or to a specific part of, | |
an undertaking from which they are to be transferred. | |
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(3) The property, rights and liabilities that are to be capable of being transferred | |
by a transfer scheme include— | |
(a) property, rights and liabilities that would not otherwise be capable | |
of being transferred or assigned by the person from whom they are | |
transferred; | 5 |
(b) property acquired and rights and liabilities arising in the period after | |
the making of the scheme and before it comes into force; | |
(c) rights and liabilities arising subsequently in respect of matters | |
occurring in that period; | |
(d) property situated anywhere in the United Kingdom or elsewhere | 10 |
and rights and liabilities under the law of any part of the United | |
Kingdom or of any place outside the United Kingdom; and | |
(e) rights and liabilities under an enactment. | |
(4) The provision that may be made under sub-paragraph (1)(b) includes | |
provision for the creation in favour of a pre-commencement regulator, the | 15 |
Secretary of State or OFCOM of rights or liabilities over or in respect of | |
property transferred to OFCOM or property retained by a pre- | |
commencement regulator or the Secretary of State. | |
(5) The transfers to which effect may be given by a transfer scheme, and the | |
rights that may be created by means of such a scheme, include transfers that | 20 |
are to take effect, and rights that are to arise, in accordance with the scheme | |
as if there were— | |
(a) no such requirement to obtain a person’s consent or concurrence, | |
(b) no such liability in respect of any contravention of any other | |
requirement, and | 25 |
(c) no such interference with any interest or right, | |
as there would be, in the case of a transaction apart from this Act (whether | |
under any enactment or agreement or otherwise), by reason of any provision | |
having effect in relation to the terms on which a pre-commencement | |
regulator or the Secretary of State is entitled or subject to any property, right | 30 |
or liability. | |
Effect of transfer scheme | |
2 (1) Property transferred by a transfer scheme shall, on the coming into force of | |
the scheme, vest in OFCOM without further assurance. | |
(2) Where any transfer scheme comes into force, any agreement made, | 35 |
transaction effected or other thing done by or in relation to the person from | |
whom any transfers for which the scheme provides are made shall have | |
effect, so far as necessary for the purposes of those transfers, as if— | |
(a) it had been made, effected or done by or in relation to OFCOM; and | |
(b) OFCOM were the same person in law as the person from whom the | 40 |
transfer is made. | |
(3) Accordingly, references in any agreement, document, process or instrument | |
of any description to the person from whom anything is transferred by | |
means of a transfer scheme shall have effect, so far as necessary for the | |
purpose of giving effect to the transfer from the coming into force of the | 45 |
scheme, as references to OFCOM. | |
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