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“(1A) Section 388 of the Communications Act 2003 (procedure for | |
regulations and orders made by OFCOM) applies to every power of | |
OFCOM to make regulations under a provision of this Act.” | |
(3) In subsection (2), for the words from the beginning to “him” there shall be | |
substituted “Any power conferred on the Secretary of State”. | 5 |
17 In section 19 of that Act (interpretation), after subsection (2) there shall be | |
inserted— | |
“(2AA) In this Act ‘OFCOM’ means the Office of Communications.” | |
18 In Schedule 1 to that Act (procedures in relation to wireless personnel), for | |
paragraph 3 there shall be substituted— | 10 |
“3 The Secretary of State is to pay— | |
(a) the expenses incurred by an advisory committee under | |
this Schedule, to the extent determined by him; and | |
(b) such sums as he may determine in respect of the expenses | |
of the members of the committee.” | 15 |
Coast Protection Act 1949 | |
19 In section 47 of the Coast Protection Act 1949 (c. 74) (savings), in paragraph | |
(b), for the words from “the telecommunications code” to “system” there | |
shall be substituted “the electronic communications code on the operator of | |
an electronic communications code network”. | 20 |
National Parks and Access to the Countryside Act 1949 | |
20 (1) The National Parks and Access to the Countryside Act 1949 (c. 97) shall be | |
amended as follows. | |
(2) In section 20(2) (byelaws for protection of nature reserves not to interfere | |
with certain rights)— | 25 |
(a) for “the running of a telecommunications code system” there shall be | |
substituted “the provision of an electronic communications code | |
network”; | |
(b) for “the telecommunications code” there shall be substituted “the | |
electronic communications code”; | 30 |
(c) for “such system” there shall be substituted “such network”. | |
(3) In section 60(5)(f) (exceptions from rights of public where access agreement | |
etc. in force), for “or a telecommunications code system” there shall be | |
substituted “or an electronic communications code network”. | |
London County Council (General Powers) Act 1949 | 35 |
21 In section 7(6) of the London County Council (General Powers) Act 1949 | |
(c. lv) (interference by works etc. for provision of heat), for | |
“telecommunication apparatus kept installed for the purposes of a | |
telecommunications code system” there shall be substituted “electronic | |
communications apparatus kept installed for the purposes of an electronic | 40 |
communications code network”. | |
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Local Government (Miscellaneous Provisions) Act 1953 | |
22 (1) Section 6 of the Local Government (Miscellaneous Provisions) Act 1953 | |
(c. 26) (supplementary provisions as to omnibus shelters etc.) shall be | |
amended as follows. | |
(2) For “telecommunication apparatus”, wherever occurring, there shall be | 5 |
substituted “electronic communications apparatus”. | |
(3) In subsection (1)— | |
(a) for “a telecommunications code system” there shall be substituted | |
“an electronic communications code network”; and | |
(b) for “that system” there shall be substituted “that network”. | 10 |
(4) In subsection (2), for “system” there shall be substituted “network”. | |
Army Act 1955 | |
23 In section 44B(1)(b) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) (interference | |
etc. with equipment, messages or signals), for “a telecommunication system” | |
there shall be substituted “an electronic communications network”. | 15 |
Air Force Act 1955 | |
24 In section 44B(1)(b) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (interference | |
etc. with equipment, messages or signals), for “a telecommunication system” | |
there shall be substituted “an electronic communications network”. | |
Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955 | 20 |
25 In section 17(2) of the Lough Neagh and Lower Bann Drainage and | |
Navigation Act (Northern Ireland) 1955 (c. 15 (N.I.)) (application of | |
paragraph 23 of telecommunications code)— | |
(a) for “the telecommunications code” there shall be substituted “the | |
electronic communications code”; | 25 |
(b) for “telecommunication apparatus” there shall be substituted | |
“electronic communications apparatus”. | |
Naval Discipline Act 1957 | |
26 In section 29B(1)(b) of the Naval Discipline Act 1957 (c. 53) (interference etc. | |
with equipment, messages or signals), for “a telecommunication system” | 30 |
there shall be substituted “an electronic communications network”. | |
Opencast Coal Act 1958 | |
27 (1) In section 45 of the Opencast Coal Act 1958 (c. 69) (saving for apparatus | |
installed for the purposes of telecommunications code system)— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | 35 |
be substituted “electronic communications apparatus”; | |
(b) for “a telecommunications code system”, wherever occurring, there | |
shall be substituted “an electronic communications code network”; | |
(c) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”; | 40 |
(d) for “that system” there shall be substituted “that network”. | |
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Pipe-lines Act 1962 | |
28 In section 40 of the Pipe-lines Act 1962 (c. 58) (avoidance of interference with | |
telecommunications code systems)— | |
(a) for “telecommunication apparatus”, in both places, there shall be | |
substituted “electronic communications apparatus”; | 5 |
(b) for “a telecommunications code system” there shall be substituted | |
“an electronic communications code network”; | |
(c) for “such system” there shall be substituted “such network”; | |
(d) for “the telecommunications code” there shall be substituted “the | |
electronic communications code”. | 10 |
London County Council (General Powers) Act 1963 | |
29 In section 17(4)(a) of the London County Council (General Powers) Act 1963 | |
(c. xvii) (interference from provision of illuminations, floodlighting, etc.), for | |
“telecommunication apparatus kept installed for the purposes of a | |
telecommunications code system” there shall be substituted “electronic | 15 |
communications apparatus kept installed for the purposes of an electronic | |
communications code network”. | |
Harbours Act 1964 | |
30 In section 53 of the Harbours Act 1964 (c. 40) (application of | |
telecommunications code for certain works)— | 20 |
(a) for “telecommunications code” there shall be substituted “electronic | |
communications code”; | |
(b) for “telecommunication apparatus” there shall be substituted | |
“electronic communications apparatus”. | |
New Towns Act (Northern Ireland) 1965 | 25 |
31 (1) Section 25 of the New Towns Act (Northern Ireland) 1965 (c. 13 (N.I.)) shall | |
be amended as follows. | |
(2) In subsections (9A), (9C) and (9D)— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | 30 |
(b) for “a telecommunications code system” there shall be substituted | |
“an electronic communications code network”; | |
(c) for “that system” there shall be substituted “that network”; | |
(d) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”. | 35 |
(3) In subsection (9B) for “any telecommunications code system” there shall be | |
substituted “any electronic communications code network”. | |
Marine &c., Broadcasting (Offences) Act 1967 | |
32 In each of sections 4 and 5 of the Marine, &c., Broadcasting (Offences) Act | |
1967 (c. 41) (prohibition of acts facilitating or otherwise relating to | 40 |
broadcasts from ships etc.), the following subsection shall be inserted after | |
subsection (3)— | |
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“(3A) Section 46 of the Consumer Protection Act 1987 (meaning of supply) | |
shall have effect for construing references in this section to the | |
supply of any thing as it has effect for the purpose of construing | |
references in that Act to the supply of goods.” | |
33 (1) Section 5 of that Act shall be further amended as follows. | 5 |
(2) In subsection (3) (offences of doing things with intent that an unlawful | |
broadcast may be made)— | |
(a) in paragraph (a), for “with intent that a broadcast of it may” there | |
shall be substituted “knowing, or having reasonable cause to believe, | |
that a broadcast of it is to”; | 10 |
(b) in paragraph (b), for “with intent that a broadcast of the work may” | |
there shall be substituted “knowing, or having reasonable cause to | |
believe, that a broadcast of the work is to”; | |
(c) in paragraph (c), for “with intent that the work may” there shall be | |
substituted “knowing, or having reasonable cause to believe, that the | 15 |
work is to”. | |
(3) For subsection (4) (presumption as to advertising) 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 | 20 |
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.” | |
34 In section 6(5) of that Act (restrictions on prosecutions), after the words | 25 |
“otherwise than”, wherever occurring, there shall be inserted “by OFCOM | |
or” | |
35 (1) Section 7A of that Act (powers of enforcement in relation to marine offences) | |
shall be amended as follows. | |
(2) In subsection (1), after “the Secretary of State” there shall be inserted “or | 30 |
OFCOM”. | |
(3) In subsections (2) and (4), for “the Secretary of State has issued a written | |
authorisation” there shall be substituted “a written authorisation has been | |
issued by the Secretary of State or OFCOM”. | |
(4) In subsection (3)(a), for “the Secretary of State has issued an authorisation” | 35 |
there shall be substituted “an authorisation has been issued by the Secretary | |
of State or OFCOM” | |
(5) In subsection (7), after “powers” there shall be inserted “except so far as | |
exercisable by virtue of an authorisation issued by OFCOM”. | |
36 In section 9(1) of that Act (interpretation), after the definition of “the high | 40 |
seas” there shall be inserted— | |
“‘OFCOM’ means the Office of Communications;”. | |
Wireless Telegraphy Act 1967 | |
37 (1) Section 7 of the Wireless Telegraphy Act 1967 (c. 72) (restrictions on dealing | |
in, and custody of, certain apparatus) shall be amended as follows. | 45 |
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(2) In subsection (2), for “the Secretary of State” and “he” there shall be | |
substituted, respectively, “OFCOM” and “they”. | |
(3) In subsections (5) to (11), for the words “the Secretary of State” and “The | |
Secretary of State”, wherever occurring, there shall be substituted | |
“OFCOM”. | 5 |
(4) In subsection (9), for “is satisfied” and “is so satisfied” there shall be | |
substituted, respectively, “are satisfied” and “are so satisfied”. | |
(5) After subsection (11) there shall be inserted— | |
“(11A) Section 388 of the Communications Act 2003 (procedure for | |
regulations and orders made by OFCOM) applies to the power of | 10 |
OFCOM to make an order under this section. | |
(11B) The approval of the Secretary of State is required for the making by | |
OFCOM of an order under this section. | |
(11C) A statutory instrument containing an order made by OFCOM under | |
this section shall be subject to annulment in pursuance of a resolution | 15 |
of either House of Parliament. | |
(11D) In this section ‘OFCOM’ means the Office of Communications.” | |
38 (1) Section 8 of that Act (provisions for securing enforcement in relation to | |
vehicles) shall be amended as follows. | |
(2) In subsection (1)— | 20 |
(a) for “to make regulations under the Vehicle Excise and Registration | |
Act 1994 as to” there shall be substituted “of the Secretary of State | |
under section 7(1) of the Vehicle Excise and Registration Act 1994 to | |
specify”; and | |
(b) for “provisions included in the regulations” there shall be substituted | 25 |
“a requirement imposed”. | |
(3) In subsection (2), for “regulations made” there shall be substituted “a | |
requirement imposed”. | |
39 In section 13(1) of that Act (regulations and order to be made by statutory | |
instrument), for “or orders under” there shall be substituted “under Part 1 | 30 |
of”. | |
Countryside Act 1968 | |
40 (1) The Countryside Act 1968 (c. 41) shall be amended as follows. | |
(2) In section 41 (exceptions from powers to make byelaws etc.), in subsections | |
(4) and (12)— | 35 |
(a) for “the running of a telecommunications code system” there shall be | |
substituted “the provision of an electronic communications code | |
network”; | |
(b) for “the telecommunications code” there shall be substituted “the | |
electronic communications code”; | 40 |
(c) for “such system” there shall be substituted “such network”. | |
(3) In paragraph 6 of Schedule 2 (exceptions from procedure for taking common | |
land)— | |
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(a) for “the telecommunications code” there shall be substituted “the | |
electronic communications code”; | |
(b) for “a telecommunications code system” there shall be substituted | |
“an electronic communications code network”. | |
Greater London Council (General Powers) Act 1969 | 5 |
41 In section 7(6) of the Greater London Council (General Powers) Act 1969 | |
(c. lii) (effect of exercise of power to stop up streets)— | |
(a) for “the telecommunications code” there shall be substituted “the | |
electronic communications code”; | |
(b) for “telecommunications code system” there shall be substituted | 10 |
“electronic communications code network”. | |
Harbours Act (Northern Ireland) 1970 | |
42 In section 37 of the Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.)) | |
(application of telecommunications code for certain works)— | |
(a) for “telecommunications code” there shall be substituted “electronic | 15 |
communications code”; and | |
(b) for “telecommunication apparatus” there shall be substituted | |
“electronic communications apparatus”. | |
Thames Barrier and Flood Prevention Act 1972 | |
43 In section 20(1)(a) of the Thames Barrier and Flood Prevention Act 1972 | 20 |
(c. xlv)(power to make subsidiary works etc.), for “telecommunication | |
installations” there shall be substituted “electronic communications | |
installations”. | |
Fair Trading Act 1973 | |
44 In section 137(3) of the Fair Trading Act 1973 (c. 41) (meaning of “supply of | 25 |
services”), for paragraph (f) there shall be substituted— | |
“(f) includes the making of arrangements, by means of such an | |
agreement as is mentioned in paragraph 29 of Schedule 2 to | |
the Telecommunications Act 1984, for the sharing of the use | |
of any electronic communications apparatus, and”. | 30 |
Drainage (Northern Ireland) Order 1973 | |
45 In paragraph 3 of Schedule 9 to the Drainage (Northern Ireland) Order 1973 | |
(S.I. 1973/69 (N.I. 1))— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | 35 |
(b) for “a telecommunications code system”, wherever occurring, there | |
shall be substituted “an electronic communications code network”; | |
(c) for “telecommunications code”, wherever occurring (except in the | |
expression “telecommunications code system”), there shall be | |
substituted “electronic communications code”; | 40 |
(d) for “any such system” and “that system” there shall be substituted, | |
respectively, “any such network” and “that network”. | |
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Water and Sewerage Services (Northern Ireland) Order 1973 | |
46 (1) In Article 57A(3)(b) of the Water and Sewerage Services (Northern Ireland) | |
Order 1973 (S.I. 1973/70 (N.I. 2)) (civil liability of Department for escapes of | |
water)— | |
(a) for “telecommunications code” there shall be substituted “electronic | 5 |
communications code”; and | |
(b) for “a telecommunication system” there shall be substituted “an | |
electronic communications network”. | |
(2) In Article 58(1) of that Order (protection for telegraph and telephone lines), | |
for “telecommunications” there shall be substituted “electronic | 10 |
communications”. | |
Consumer Credit Act 1974 | |
47 In section 16(6) of the Consumer Credit Act 1974 (c. 39) (exempt agreements) | |
for “public telecommunications operator specified in the order” there shall | |
be substituted “provider of a public electronic communications service who | 15 |
is specified in the order”. | |
House of Commons Disqualification Act 1975 | |
48 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 | |
(c. 24) (bodies of which all members are disqualified), in the appropriate | |
place, there shall be inserted— | 20 |
“Seirbheis nam Meadhanan Gàidhlig”. | |
Northern Ireland Assembly Disqualification Act 1975 | |
49 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification | |
Act 1975 (c. 25) (bodies of which all members are disqualified), in the | |
appropriate place, there shall be inserted— | 25 |
“Seirbheis nam Meadhanan Gàidhlig”. | |
Welsh Development Agency Act 1975 | |
50 (1) Section 19 of the Welsh Development Agency Act 1975 (c. 70) (the Agency | |
and the media) shall be amended as follows. | |
(2) In subsection (9), for “the appropriate authority”, in both places, there shall | 30 |
be substituted “the Office of Communications”. | |
(3) In subsection (11), in the definition of “relevant licence” for “the | |
Independent Television Commission or the Radio Authority” there shall be | |
substituted “the Office of Communications”. | |
Building Regulations (Northern Ireland) Order 1979 | 35 |
51 In paragraph 14 of Schedule 1 to the Building Regulations (Northern | |
Ireland) Order 1979 (S.I. 1979/1709 (N.I. 16)) (building regulations), for | |
“telecommunications services” there shall be substituted “communications | |
services”. | |
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