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“‘radio multiplex service’ means a radio multiplex service | |
within the meaning of Part 3 of the Communications Act | |
2003; | |
‘the radio transfer date’ has the same meaning as in the | |
Communications Act 2003;”. | 5 |
Listed events | |
127 (1) Section 98 of the 1996 Act (categories of service for the purposes of Part 4 of | |
that Act) shall be amended as follows. | |
(2) In subsection (3), for the words from “television” onwards there shall be | |
substituted “licence for the purposes of section 349 of the Communications | 10 |
Act 2003”. | |
(3) In subsection (5), for “The Commission” there shall be substituted | |
“OFCOM”. | |
(4) In subsection (6), for “transmission for general reception of television | |
programmes by satellite” there shall be substituted “broadcasting of | 15 |
television programmes from a satellite so as to be available for reception by | |
members of the public (within the meaning of Part 3 of the Communications | |
Act 2003)”. | |
128 In sections 101, 101B, 102 and 103 of the 1996 Act (restrictions on, and | |
penalties for, televising listed and designated events), for “The Commission” | 20 |
and “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | |
129 (1) Section 104 of the 1996 Act (code of guidance) shall be amended as follows. | |
(2) For “the Commission”, wherever occurring, there shall be substituted | |
“OFCOM”. | 25 |
(3) In subsection (4)(d), the words “by the Commission” and “by them” shall be | |
omitted. | |
130 In section 104A of the 1996 Act (provision of information about listed and | |
designated events), for “the Commission”, wherever occurring, there shall | |
be substituted “OFCOM”. | 30 |
131 In section 105(1) of the 1996 Act (interpretation of Part 4 etc.), the definition | |
of “the Commission” shall be omitted. | |
Broadcasting standards | |
132 (1) Part 5 of the 1996 Act (the Broadcasting Standards Commission) shall be | |
amended as follows. | 35 |
(2) For “the BSC” and “The BSC”, wherever occurring in any of sections 107, 110, | |
111, 114, 115, 118 to 121 there shall be substituted “OFCOM”. | |
133 In section 107(5)(b) of the 1996 Act (code relating to avoidance of unjust or | |
unfair treatment etc.), for “the service referred to in section 57(1A)(a) of the | |
1990 Act” there shall be substituted “any public service of the Welsh | 40 |
Authority (within the meaning of Part 2 of Schedule 12 to the | |
Communications Act 2003)”. | |
134 In section 115 of the 1996 Act (consideration of fairness complaints) | |
(a) in subsection (2)(d), for “to (c)” there shall be substituted “or (b)”; and | |
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(b) in subsection (8), for “they shall send a statement of” there shall be | |
substituted “OFCOM shall send a copy of”. | |
135 In section 117 of the 1996 Act (duty of broadcasting body to retain recordings | |
of programmes), for “sections 115 and 116” there shall be substituted | |
“section 115”. | 5 |
136 (1) For subsections (1) and (2) of section 119 of the 1996 Act there shall be | |
substituted— | |
“(1) Where OFCOM have considered and adjudicated upon a fairness | |
complaint, they may direct the relevant person to publish the matters | |
mentioned in subsection (3) in such manner, and within such period, | 10 |
as may be specified in the directions.” | |
(2) In that section— | |
(a) in subsection (4), for “subsection (2)” there shall be substituted | |
“subsection (1)”; | |
(b) in subsection (5), for “(3)(a), (b) or (c)” there shall be substituted | 15 |
“(3)(a) or (b)”; | |
(c) in subsection (6), for “broadcasting or regulatory body” there shall be | |
substituted “relevant person” and for “them” there shall be | |
substituted “him”; | |
(d) in subsection (8), the words “or standards complaint” and in | 20 |
paragraph (c) the words “, a regulatory body” shall be omitted; | |
(e) in subsection (10), for paragraphs (a) and (b) there shall be | |
substituted “a relevant person”; and | |
(f) subsection (12) shall cease to have effect. | |
(3) After subsection (11) of that section there shall be inserted— | 25 |
“(11A) In this section “relevant person” means— | |
(a) in a case where the relevant programme was broadcast by a | |
broadcasting body, that body; and | |
(b) in a case where the relevant programme was included in a | |
licensed service, the licence holder providing that service.” | 30 |
137 In section 130(1) of the 1996 Act (interpretation of Part 5), for paragraphs (b) | |
and (c) of the definition of “licensed service” there shall be substituted— | |
“(aa) the public teletext service; | |
(b) any relevant independent radio service (within the meaning | |
of section 85 of the 1990 Act), | 35 |
(c) any additional service (within the meaning of Part 1 of the | |
1990 Act) which is licensed under that Part,”. | |
Disqualification on grounds related to political objects | |
138 (1) Section 143 of the 1996 Act (disqualification on grounds related to political | |
objects) shall be amended as follows. | 40 |
(2) In each of subsections (1) and (2)— | |
(a) for “the Independent Television Commission” and “the | |
Commission” there shall be substituted “OFCOM”; and | |
(b) for “section 5(1) of the 1990 Act, or as the case may be section 5(1) of | |
this Act” there shall be substituted “section 5(1) or 88(1) of the 1990 | 45 |
Act or section 5(1) or 44(1) of this Act”. | |
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(3) In subsection (1), for “Part I or II of the 1990 Act or Part I of this Act” there | |
shall be substituted “Part 1 or 3 of the 1990 Act or Part 1 or 2 of this Act,”. | |
(4) In subsection (2), for “Parts I or II of the 1990 Act or Part I of this Act” there | |
shall be substituted “Part 1 or 3 of the 1990 Act or Part 1 or 2 of this Act,”. | |
(5) Subsections (3) and (4) shall cease to have effect. | 5 |
(6) In subsection (5), for “to (4)” there shall be substituted “and (2)”. | |
(7) In subsection (6), for paragraphs (a) and (b) there shall be substituted “the | |
duties imposed on OFCOM by sections 5(1) and 88(1) of the 1990 Act and | |
sections 5(1) and 44(1) of this Act.” | |
Offence of providing false information | 10 |
139 (1) Section 144 of the 1996 Act (offence of providing false information) shall be | |
amended as follows. | |
(2) In subsection (1), for “to the relevant authority a statement”, in each place, | |
there shall be substituted “a statement to OFCOM”. | |
(3) In subsection (2), for “the relevant authority” there shall be substituted | 15 |
“OFCOM”. | |
(4) Subsection (5) shall cease to have effect. | |
Disqualification for supplying false information | |
140 (1) Section 145 of the 1996 Act (disqualification for offence of supplying false | |
information) shall be amended as follows. | 20 |
(2) In subsection (5), for “the relevant authority” there shall be substituted | |
“OFCOM”. | |
(3) In subsection (7)— | |
(a) for “5(1)(a) and 88(1)(a)” there shall be substituted “5(1)(a) and | |
(2)(db), 32(12) and 88(1)(a) and (2)(db)”; and | 25 |
(b) for “5(1)(a) and 44(1)(a)” there shall be substituted “5(1)(a) and | |
(2)(db) and 44(1)(a) and (2)(db)”. | |
(4) In subsection (8) of that section, for the definition of “licence” there shall be | |
substituted— | |
“‘licence’ means a licence under Part 1 or 3 of the 1990 Act or | 30 |
under Part 1 or 2 of this Act;”. | |
Interpretation | |
141 In section 147(1) of the 1996 Act (general interpretation), after the definition | |
of “the BBC” there shall be inserted— | |
“‘OFCOM’ means the Office of Communications;”. | 35 |
Computation of qualifying revenue | |
142 (1) Schedule 1 to the 1996 Act (computation of “multiplex revenue” etc.) shall be | |
amended as follows. | |
(2) In Part 1, for “the Commission” and “The Commission”, wherever occurring, | |
there shall be substituted “OFCOM”. | 40 |
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(3) In Part 2, for “the Authority” and “The Authority”, wherever occurring, | |
there shall be substituted “OFCOM”. | |
Schedule 16 | |
Section 375 | |
Further amendments in connection with newspaper mergers | |
Competition Act 1980 (c. 21) | 5 |
1 In section 11C(1) of the Competition Act 1980 (application of section 117 of | |
the Enterprise Act 2002 (c. 40)) for the words ““the OFT,”” there shall be | |
substituted ““the OFT, OFCOM,””. | |
Gas Act 1986 (c. 44) | |
2 In section 41EB(4) of the Gas Act 1986 (application of section 117 of the | 10 |
Enterprise Act 2002) for the words ““the OFT,”” there shall be substituted | |
““the OFT, OFCOM,””. | |
Electricity Act 1989 (c. 29) | |
3 In section 56CB(4) of the Electricity Act 1989 (application of section 117 of the | |
Enterprise Act 2002) for the words ““the OFT,”” there shall be substituted | 15 |
““the OFT, OFCOM,””. | |
Railways Act 1993 (c. 43) | |
4 (1) The Railways Act 1993 shall be amended as follows. | |
(2) In section 13B(4) of that Act (application of section 117 of the Enterprise Act | |
2002) for the words ““the OFT,”” there shall be substituted ““the OFT, | 20 |
OFCOM,””. | |
(3) In section 15C(2G) of that Act (application of section 117 of the Enterprise | |
Act 2002) for the words ““the OFT,”” there shall be substituted ““the OFT, | |
OFCOM,””. | |
(4) In Schedule 4A to that Act, in paragraphs 10A(4) and 15(2G) (application of | 25 |
section 117 of the Enterprise Act 2002) for the words ““the OFT,”” there shall, | |
in both places, be substituted ““the OFT, OFCOM,””. | |
Financial Services and Markets Act 2000 (c. 8) | |
5 In Schedule 14 to the Financial Services and Markets Act 2000, in paragraph | |
2A(4) (application of section 117 of the Enterprise Act 2002), for the words | 30 |
““the OFT,”” there shall be substituted ““the OFT, OFCOM,””. | |
Postal Services Act 2000 (c. 26) | |
6 (1) The Postal Services Act 2000 shall be amended as follows. | |
(2) In section 15B(4) (application of section 117 of the Enterprise Act 2002) for | |
the words ““the OFT,”” there shall be substituted ““the OFT, OFCOM,””. | 35 |
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(3) In section 19A(9) (application of section 117 of the Enterprise Act 2002 (c. 40)) | |
for the words ““the OFT,”” there shall be substituted ““the OFT, OFCOM,””. | |
Transport Act 2000 (c. 38) | |
7 (1) The Transport Act 2000 shall be amended as follows. | |
(2) In section 12B(4) (application of section 117 of the Enterprise Act 2002) for | 5 |
the words ““the OFT,”” there shall be substituted ““the OFT, OFCOM,””. | |
(3) In section 18(9) (application of section 117 of the Enterprise Act 2002) for the | |
words ““the OFT,”” there shall be substituted ““the OFT, OFCOM,””. | |
Enterprise Act 2002 (c. 40) | |
8 (1) Section 43 of the Enterprise Act 2002 (intervention notices under section 42) | 10 |
shall be amended as follows. | |
(2) In subsection (4)(a) (final determination of matters to which intervention | |
notice relates)— | |
(a) after the word “OFT” there shall be inserted “or (if relevant) | |
OFCOM”; and | 15 |
(b) after the word “44” there shall be inserted “or (as the case may be) | |
44A”. | |
(3) After subsection (5) there shall be inserted— | |
“(6) In this Part “OFCOM” means the Office of Communications.” | |
9 In section 45(1)(b) of that Act (circumstances in which the Secretary of State | 20 |
may make a public interest reference to the Competition Commission) after | |
the words “section 44” there shall be inserted “, and any report of OFCOM | |
which is required by virtue of section 44A,”. | |
10 After section 50(2) of that Act (reports on references in public interest cases) | |
there shall be inserted— | 25 |
“(2A) Where the report relates to a reference under section 45 which has | |
been made after a report of OFCOM under section 44A, the | |
Commission shall give a copy of its report (whether or not | |
published) to OFCOM.” | |
11 In section 57(2) of that Act (duty to bring representations to attention of | 30 |
Secretary of State) after the words “the OFT”, in both places where they | |
occur, there shall be inserted “, OFCOM”. | |
12 In section 58(4)(b) of that Act (retrospective effect of orders modifying | |
specified considerations) after the word “OFT,” there shall be inserted | |
“OFCOM,”. | 35 |
13 In section 60(4)(a) of that Act (final determination of matters to which special | |
intervention notice relates)— | |
(a) after the word “OFT” there shall be inserted “or (if relevant) | |
OFCOM”; and | |
(b) after the word “61” there shall be inserted “or (as the case may be) | 40 |
61A”. | |
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14 In section 62(1)(b) of that Act (circumstances in which the Secretary of State | |
may make a special public interest reference to the Competition | |
Commission) after the words “section 61” there shall be inserted “, and any | |
report of OFCOM which is required by virtue of section 61A,”. | |
15 After section 65(2) of that Act (reports on references in special public interest | 5 |
cases) there shall be inserted— | |
“(2A) Where the report relates to a reference under section 62 which has | |
been made after a report of OFCOM under section 61A, the | |
Commission shall give a copy of its report (whether or not | |
published) to OFCOM.” | 10 |
16 In section 67(1)(b) of that Act (intervention to protect legitimate interests)— | |
(a) the words from “which” to “or 33” shall cease to have effect; | |
(b) for the words “that section” there shall be substituted “section 22 or | |
33”; and | |
(c) after the word “concerned” there shall be inserted “(whether or not | 15 |
there would otherwise have been a duty to make such a reference)”. | |
17 In section 68(2)(c) of that Act (scheme for protecting legitimate interests)— | |
(a) the words from “which”, where it occurs for the second time, to “or | |
33” shall cease to have effect; and | |
(b) for the words “that section” there shall be substituted “section 22 or | 20 |
33 (whether or not there would otherwise have been a duty to make | |
such a reference)”. | |
18 (1) Section 107 of that Act (further publicity requirements) shall be amended as | |
follows. | |
(2) In subsection (3) (duties of the Secretary of State to publish), after paragraph | 25 |
(b), there shall be inserted— | |
“(ba) any report of OFCOM under section 44A or 61A which has | |
been received by him;”. | |
(3) In subsection (9)(a) (publication of reports of OFT in public interest cases) | |
after the words “section 44” there shall be inserted “, and any report of | 30 |
OFCOM under section 44A,”. | |
(4) In subsection (10)(a) (publication of reports of OFT in special public interest | |
cases) after the words “section 61” there shall be inserted “, and any report | |
of OFCOM under section 61A,”. | |
19 In section 108 of that Act (defamation) after the words “the OFT,” there shall | 35 |
be inserted “OFCOM,”. | |
20 (1) Section 117 of that Act (false or misleading information) shall be amended as | |
follows. | |
(2) In subsection (1)(a) (offence of supplying false or misleading information to | |
the OFT etc.) after the word “OFT,” there shall be inserted “OFCOM,”. | 40 |
(3) In subsection (2) (offence of supplying false or misleading information to | |
another person for use by OFT etc.) after the word “OFT,” there shall be | |
inserted “OFCOM,”. | |
21 In section 118(1) of that Act (excisions from reports) before the word “or” at | |
the end of paragraph (a) there shall be inserted— | 45 |
“(aa) a report of OFCOM under section 44A or 61A;”. | |
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22 In section 120(1) of that Act (review of decisions under Part 3) after the word | |
“OFT,” there shall be inserted “OFCOM,”. | |
23 (1) Section 121 of that Act (fees) shall be amended as follows. | |
(2) In subsection (1)— | |
(a) after the words “the OFT”, where they occur for the second time, there shall | 5 |
be inserted “, OFCOM”; and | |
(b) the words “, Part V of the Fair Trading Act 1973 (c. 41)” shall cease to | |
have effect. | |
(3) In subsection (2)— | |
(a) at the end of paragraph (a) there shall be inserted the word “or”; and | 10 |
(b) paragraph (b), and the word “or” at the end of the paragraph, shall | |
cease to have effect. | |
(4) In subsection (4)(c)— | |
(a) sub-paragraph (i); | |
(b) the word “and” at the end of the sub-paragraph; and | 15 |
(c) in sub-paragraph (ii), the words “in any other case,”; | |
shall cease to have effect. | |
(5) In subsection (8)— | |
(a) after the words “the OFT”, where they occur for the second time, | |
there shall be inserted “, OFCOM”; and | 20 |
(b) the words “, Part V of the Act of 1973” shall cease to have effect. | |
(6) Subsection (10) shall cease to have effect. | |
24 (1) Section 124 of that Act shall be amended as follows. | |
(2) In subsection (3) after the word “34” there shall be inserted “, 59(6E)”. | |
(3) In subsection (4) after the word “40(8),” there shall be inserted “44(10),”. | 25 |
(4) In subsection (6) after the word “34,” there shall be inserted “44(10), 59(6E),”. | |
25 (1) Section 130 (index of defined expressions) of that Act shall be amended as | |
follows. | |
(2) After the entry for “modify” there shall be inserted— | |
| | “Newspaper | Section 44(9) | | 30 | | | Newspaper public interest | Section 44(8)” | | | | | consideration | | | |
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(3) After the entry for “notified arrangements” there shall be inserted— | |
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26 In section 180(2) of that Act (application of section 117 of that Act for the | 35 |
purposes of Part 4 of that Act) after the word “alone” there shall be inserted | |
“and as if the references to OFCOM were omitted”. | |
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