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Schedule 17 | |
Section 391 | |
Minor and Consequential Amendments | |
Interpretation | |
1 (1) In any Act or instrument amended by this Schedule— | |
“communications service” means any of the following services— | 5 |
(a) an electronic communications service; | |
(b) the provision of directory information by means of an | |
electronic communications network for the purpose of | |
facilitating the use of an electronic communications service | |
provided by means of that network; | 10 |
(c) the installation, maintenance, adjustment, repair, alteration, | |
moving, removal or replacement of apparatus which is or is | |
to be connected to an electronic communications network; | |
“electronic communications apparatus” has the same meaning as in | |
the electronic communications code; | 15 |
“the electronic communications code” has the same meaning as in | |
Chapter 1 of Part 2 of this Act; | |
“electronic communications code network” means— | |
(a) so much of an electronic communications network or | |
conduit system provided by an electronic communications | 20 |
code operator as is not excluded from the application of the | |
electronic communications code by a direction under | |
section 102; and | |
(b) an electronic communications network which the Secretary | |
of State or a Northern Ireland department is providing or | 25 |
proposing to provide; | |
“electronic communications code operator” means a person in whose | |
case the electronic communications code is applied by a direction | |
under section 102; | |
“electronic communications network” and “electronic | 30 |
communications service” each has the same meaning as in this Act; | |
“former PTO” means a person— | |
(a) who is a provider of a public electronic communications | |
network or a public electronic communications service | |
which, immediately before the date on which the repeal by | 35 |
this Act of section 7 of the Telecommunications Act 1984 | |
(c. 12) comes into force, was designated as a public | |
telecommunication system under section 9 of that Act; and | |
(b) who, immediately before that date, was authorised to | |
provide that network or service by a licence to which section | 40 |
8 of that Act applied; | |
“operator”, in relation to an electronic communications code network, | |
means— | |
(a) the electronic communications code operator providing that | |
network; or | 45 |
(b) the Secretary of State or a Northern Ireland department, to | |
the extent that they are providing or proposing to provide | |
that network; | |
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“provide” and cognate expressions, in relation to an electronic | |
communications network, an electronic communications service or | |
associated facilities, are to be construed in accordance with section | |
28(4) of this Act; | |
“public electronic communications network” and “public electronic | 5 |
communications service” each has the same meaning as in Chapter 1 | |
of Part 2 of this Act. | |
(2) In this paragraph— | |
(a) “conduit system” has the same meaning as in the electronic | |
communications code and references to providing a conduit system | 10 |
shall be construed in accordance with paragraph 1(3A) of that code; | |
(b) “electronic communications code”, “electronic communications code | |
network”, “electronic communications code operator”, “public | |
electronic communications network” and “public electronic | |
communications service” each has the meaning given in sub- | 15 |
paragraph (1). | |
Official Secrets Act 1911 | |
2 For the purposes of the Official Secrets Act 1911 (c. 28), any electronic | |
communications station or office belonging to, or occupied by, the provider | |
of a public electronic communications service shall be a prohibited place. | 20 |
Law of Property Act 1925 | |
3 In section 194(4) of the Law of Property Act 1925 (c. 20) (exceptions from | |
restrictions on inclosure of commons), for the words from | |
“telecommunication apparatus” onwards there shall be substituted | |
“electronic communications apparatus installed for the purposes of an | 25 |
electronic communications code network.” | |
Public Health Act 1925 | |
4 In section 10 of the Public Health Act 1925 (c. 71) (Crown application), for the | |
words from “telecommunication apparatus” to “system” there shall be | |
substituted “electronic communications apparatus kept installed for the | 30 |
purposes of an electronic communications code network”. | |
London Overground Wires, etc Act 1933 | |
5 (1) The London Overground Wires, etc. Act 1933 (c. xliv) shall be amended as | |
follows. | |
(2) In section 11 (saving for safety regulations), for “any telecommunication | 35 |
apparatus made” there shall be substituted “any electronic communications | |
apparatus made”. | |
(3) In section 14 (savings in respect of telecommunications code system)— | |
(a) for “telecommunication apparatus kept installed for the purposes of | |
a telecommunications code system” there shall be substituted | 40 |
“electronic communications apparatus kept installed for the | |
purposes of an electronic communications code network”; | |
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(b) for the words from “conferred by” onwards there shall be substituted | |
“conferred by or in accordance with the electronic communications | |
code on the operator of any such network.” | |
Wireless Telegraphy Act 1949 | |
6 (1) Section 1 of the Wireless Telegraphy Act 1949 (c. 54) (licensing wireless | 5 |
telegraphy) shall be amended as follows. | |
(2) In subsection (1)— | |
(a) for paragraphs (a) and (b) there shall be substituted “by OFCOM;”; | |
and | |
(b) in the proviso, for the words from “Provided” to “by regulations” | 10 |
there shall be substituted “Provided that OFCOM may by | |
regulations”. | |
(3) After subsection (1) there shall be inserted— | |
“(1AA) Subsection (1) shall not apply to the use of a television receiver | |
(within the meaning of Part 4 of the Communications Act 2003) for | 15 |
receiving a television programme or to the installation of a television | |
receiver for use solely for that purpose.” | |
(4) In subsection (2), for paragraphs (a) and (b) there shall be substituted “as | |
OFCOM think fit,”. | |
(5) In subsection (3), for the words from “revoked by” to “BBC” there shall be | 20 |
substituted “revoked by OFCOM”. | |
(6) In subsection (4), for the words from “notice in writing of” to “served”, in the | |
first place where it occurs, there shall be substituted “notice in writing from | |
OFCOM served by them”. | |
(7) In subsection (5), for the words from “surrendered” to “so to do” there shall | 25 |
be substituted “surrendered to OFCOM if required by them to do so”. | |
7 In section 1C of that Act (prohibition on Acts facilitating unauthorised | |
broadcasting), for subsection (4) there shall be substituted— | |
“(4) The cases in which a person is to be taken for the purposes of this | |
section as advertising by means of a broadcast include any case in | 30 |
which he causes or allows it to be stated, suggested or implied that | |
entertainment included in the broadcast— | |
(a) has been supplied by him; or | |
(b) is provided wholly or partly at his expense.” | |
8 (1) Section 1D of that Act (procedure for grant of licences for providing a | 35 |
telecommunications service) shall be amended as follows. | |
(2) For the words “the Secretary of State”, “himself” and “he”, wherever | |
occurring, there shall be substituted, respectively, “OFCOM”, “themselves” | |
and “they”. | |
(3) Subsections (1) and (2) (which confine sections 1D to 1F to licences for the | 40 |
purposes of a telecommunications service) shall cease to have effect. | |
(4) For subsection (3) there shall be substituted— | |
“(3) An application for a grant of a wireless telegraphy licence shall be | |
determined in accordance with procedures prescribed in regulations | |
made by OFCOM.” | 45 |
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(5) After subsection (4) there shall be inserted— | |
“(4A) The time limits fixed for the purposes of subsection (4) in relation to | |
any application made after the coming into force of this subsection | |
must require a decision on the application to be made, notified to the | |
applicant and published— | 5 |
(a) in the case of an application for a licence relating to a | |
frequency allocated in accordance with the United Kingdom | |
Plan for Frequency Authorisation, not more than six weeks | |
after the day of the receipt of the application; and | |
(b) in any other case, as soon as possible after the receipt of the | 10 |
application. | |
(4B) The period of six weeks specified in subsection (4A)(a) may be | |
extended by OFCOM where it appears to them necessary to do so— | |
(a) for the purpose of enabling the requirements of any | |
international agreement relating to frequencies or to orbital | 15 |
positions or to satellite co-ordination to be complied with; or | |
(b) in a case where a determination falls to be made as to which | |
of a number of applicants is the more or most suitable to be | |
licensed, for the purpose of securing that the procedure for | |
the making of that determination is fair, reasonable, open and | 20 |
transparent. | |
(4C) That period shall not be extended by virtue of subsection (4B)(b) by | |
more than eight months.” | |
(6) In subsection (5) for “requires” there shall be substituted “require”. | |
(7) In subsection (6)— | 25 |
(a) for “proposes” there shall be substituted “propose”; | |
(b) for “28 days” there shall be substituted “one month”. | |
(8) Subsections (7) and (8) shall cease to have effect. | |
(9) For subsection (9) there shall be substituted— | |
“(9) In imposing terms, provisions or limitations of a wireless telegraphy | 30 |
licence, OFCOM shall impose only those that they are satisfied are— | |
(a) objectively justifiable in relation to the networks and services | |
to which they relate; | |
(b) not such as to discriminate unduly against particular persons | |
or against a particular description of persons; | 35 |
(c) proportionate to what they are intended to achieve; and | |
(d) in relation to what they are intended to achieve, transparent.” | |
9 (1) Section 3 of that Act (regulations as to wireless telegraphy) shall be amended | |
as follows. | |
(2) In subsection (1), for the words before paragraph (a) there shall be | 40 |
substituted “OFCOM may make regulations—”. | |
(3) After subsection (2) there shall be inserted— | |
“(2A) The approval of the Secretary of State is required for the making by | |
OFCOM of any regulations under this section. | |
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(2B) A statutory instrument containing regulations made by OFCOM | |
under this section shall be subject to annulment in pursuance of a | |
resolution of either House of Parliament.” | |
10 No appeal shall be brought to the tribunal established under section 9 of that | |
Act (appeals tribunal in relation to decisions about interference) in respect of | 5 |
any decision made after the coming into force of section 187 of this Act. | |
11 (1) Section 10 of that Act (regulations as to radiation of electro-magnetic energy | |
etc.) shall be amended as follows. | |
(2) In subsection (1), for the words before paragraph (a) there shall be | |
substituted “OFCOM may make regulations for either or both of the | 10 |
following purposes—”. | |
(3) In subsection (2), for the words from the beginning to “fit” there shall be | |
substituted “The requirements prescribed under subsection (1) shall be such | |
as OFCOM think fit”. | |
(4) After subsection (4) there shall be inserted— | 15 |
“(4A) The approval of the Secretary of State is required for the making by | |
OFCOM of any regulations under this section. | |
(4B) A statutory instrument containing regulations made by OFCOM | |
under this section shall be subject to annulment in pursuance of a | |
resolution of either House of Parliament.” | 20 |
12 (1) Section 11 of that Act (enforcement of regulations as to apparatus) shall be | |
amended as follows. | |
(2) In subsection (1)— | |
(a) for the words before paragraph (a) there shall be substituted “If | |
OFCOM are of the opinion—”; | 25 |
(b) for “he considers” there shall be substituted “they consider”; | |
(c) for “he may” there shall be substituted “OFCOM may”; | |
(d) for the words from “or, if” to “fit” there shall be substituted “or, if | |
OFCOM think fit”; and | |
(e) in paragraph (ii) of the proviso, for the words from the beginning to | 30 |
“satisfied” there shall be substituted “if OFCOM are satisfied”. | |
(3) In subsection (2), for the words from “notice in writing by” to “served”, in | |
the first place where it occurs, there shall be substituted “notice in writing | |
from OFCOM served by them”. | |
(4) In subsection (7), for the words from “notice” to “section” there shall be | 35 |
substituted “notice from OFCOM under this section”. | |
13 (1) Section 12 of that Act (enforcement of regulations as to sales etc.) shall be | |
amended as follows. | |
(2) In subsection (1)— | |
(a) for the words from the beginning to “opinion” there shall be | 40 |
substituted “If OFCOM are of the opinion”; and | |
(b) for “he” there shall be substituted “OFCOM”. | |
(3) In subsection (5), for the words from “by” onwards there shall be substituted | |
“by OFCOM, be guilty of an offence.” | |
14 (1) Section 14 of that Act (penalties and legal proceedings) shall be amended as | 45 |
follows. | |
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(2) In subsection (1), for paragraph (a) substitute— | |
“(a) any offence under section 5(1)(a) of this Act; or”. | |
(3) In subsection (1A)— | |
(a) in paragraph (c), for “of the Secretary of State” there shall be | |
substituted “from OFCOM”; and | 5 |
(b) paragraph (e) shall cease to have effect. | |
(4) In subsection (3)— | |
(a) paragraph (b) shall cease to have effect; and | |
(b) for “the Secretary of State” there shall be substituted “OFCOM”. | |
(5) In subsections (3A), (3B), (3D) and (3E), for “the Secretary of State” there | 10 |
shall be substituted “OFCOM”. | |
(6) In subsection (3B), for “he thinks” there shall be substituted “they think”. | |
(7) In subsection (3D), for “him” there shall be substituted “them”. | |
(8) In subsection (7) (enforcement by civil proceedings)— | |
(a) after the words “the Crown”, in the first place where they occur | 15 |
places, there shall be inserted “or by OFCOM,”; and | |
(b) for the words from “In the application” onwards there shall be | |
substituted— | |
“In the application of this section to Scotland for the words | |
from ‘civil proceedings’ to ‘appropriate relief’ there shall be | 20 |
substituted ‘civil proceedings by the Advocate General for | |
Scotland, or by OFCOM, for an interdict or for any other | |
appropriate remedy or relief.’” | |
15 (1) Section 15 of that Act (powers of entry) shall be amended as follows. | |
(2) In subsection (1), for paragraphs (a) and (b) and the words “, with or without | 25 |
any constables,” there shall be substituted “any constable or any person or | |
persons authorised for the purpose by OFCOM or the Secretary of State”. | |
(3) After that subsection there shall be inserted— | |
“(1A) Where a person authorised by OFCOM or the Secretary of State is | |
authorised by a warrant under subsection (1) to enter any premises, | 30 |
he is to be entitled to exercise that warrant alone or to exercise it | |
accompanied by one or more constables.” | |
(4) In subsection (2)— | |
(a) in paragraph (b), for the words from “enable” to “decide” there shall | |
be substituted “enable OFCOM to decide”; | 35 |
(b) in paragraph (c), for the words from “behalf” to “producing” there | |
shall be substituted “behalf by OFCOM and producing”; | |
(c) in the words after paragraph (c), for the words from “behalf” to | |
“with” there shall be substituted “behalf by OFCOM, with”; and | |
(d) in paragraph (i) of the proviso, for the words from “that”, in the first | 40 |
place where it occurs, to “satisfied” there shall be substituted “that | |
OFCOM are satisfied”. | |
(5) In subsection (2A) for “the BBC” there shall be substituted “OFCOM”. | |
16 (1) Section 16 of that Act (regulations and orders) shall be amended as follows. | |
(2) After subsection (1) there shall be inserted— | 45 |
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