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Local Government, Planning and Land Act 1980 | |
52 (1) Part 3 of Schedule 28 to the Local Government, Planning and Land Act 1980 | |
(c. 65) (provisions about land acquired by urban development corporations) | |
shall be amended as follows. | |
(2) In paragraphs 5, 6, 13, 14 and 16— | 5 |
(a) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”; | |
(b) for “a telecommunications code system” and “any | |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | 10 |
(c) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(d) for “such system” and “the system”, wherever occurring, there shall | |
be substituted, respectively, “such network” and “the network”. | |
Highways Act 1980 | 15 |
53 In section 35(11)(c) and (12) of the Highways Act 1980 (c. 66) (regulation of | |
rights to maintain apparatus on walkways), for “telecommunications code | |
systems” there shall be substituted “electronic communications code | |
networks”. | |
54 In section 115D of that Act (limits on powers to restrict access to highways), | 20 |
for paragraph (d) there shall be substituted— | |
“(d) as to prevent the operator of an electronic communications | |
code network having access to any electronic | |
communications apparatus kept installed for the purposes of | |
that network under, in, on or over the highway.” | 25 |
55 In section 142(5) of that Act (protection of telecommunications apparatus by | |
conditions in licences to plant trees etc. in a highway), for | |
“telecommunications code systems” there shall be substituted “electronic | |
communications code networks”. | |
56 (1) This paragraph applies to the following provisions of that Act— | 30 |
(a) the definition of “statutory undertakers” in section 144(6) (power to | |
erect flagpoles etc. on highways); | |
(b) the definition of “statutory undertakers” in section 169(4) (control of | |
scaffolding on highways); | |
(c) the definition of “statutory undertakers” in section 170(3) (control of | 35 |
mixing mortar etc. on highways); | |
(d) section 177(4) and (12) (licence to build over highway not to interfere | |
with telecommunications code systems); | |
(e) section 178(5) (exceptions to restriction on placing rails etc. over | |
highways); | 40 |
(f) section 329(4A) (interpretation); | |
(g) section 334 (savings for operators of telecommunications code | |
systems). | |
(2) In the provisions to which this paragraph applies— | |
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(a) for “a telecommunications code system” and “any | |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | |
(b) for “the telecommunications code system” there shall be substituted | |
“the electronic communications code network”; | 5 |
(c) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(d) for “telecommunications code”, wherever occurring (except in the | |
expression “telecommunications code system”), there shall be | |
substituted “electronic communications code”; | 10 |
(e) for “system”, wherever occurring (except in the expression | |
“telecommunications code system”), there shall be substituted | |
“network”. | |
New Towns Act 1981 | |
57 (1) This paragraph applies to the following provisions of the New Towns Act | 15 |
1981 (c. 64)— | |
(a) section 16(2) (exception to extinguishment of rights over land | |
compulsorily acquired); | |
(b) section 19(2) (saving from the power to override certain rights); | |
(c) section 24 (apparatus kept installed for purposes of | 20 |
telecommunications code system); | |
(d) section 26(8) (extinguishment of rights of way and removal of | |
apparatus); | |
(e) section 39(7) (power of development corporation to transfer | |
undertakings). | 25 |
(2) In the provisions to which this paragraph applies— | |
(a) for “in accordance with the telecommunications code”, wherever | |
occurring, there shall be substituted “in accordance with the | |
electronic communications code”; | |
(b) for “a telecommunications code system” and “any | 30 |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | |
(c) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(d) for “the running of the telecommunications code system” there shall | 35 |
be substituted “the provision of the electronic communications code | |
network”; | |
(e) for “the running of such a system” there shall be substituted “the | |
provision of such a network”; | |
(f) for “such system” and “the system”, wherever occurring, there shall | 40 |
be substituted, respectively, “such network” and “the network”. | |
Acquisition of Land Act 1981 | |
58 (1) The Acquisition of Land Act 1981 (c. 67) shall be amended as follows. | |
(2) In section 28 (acquisition of land by the creation of new rights), after | |
paragraph (h) there shall be inserted— | 45 |
“(i) paragraph 3(3) of Schedule 4 to the Communications Act | |
2003.” | |
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(3) In section 32(6A) (exception to power to extinguish certain public rights of | |
way)— | |
(a) for the words from “telecommunication apparatus” to | |
“telecommunications code system” there shall be substituted | |
“electronic communications apparatus kept installed for the | 5 |
purposes of an electronic communications code network”; and | |
(b) in paragraph (a), for “system” there shall be substituted “network”. | |
Housing (Northern Ireland) Order 1981 | |
59 In Article 159A of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 | |
(N.I. 3)) (application of telecommunications code to the Northern Ireland | 10 |
Housing Executive)— | |
(a) for “telecommunications code”, wherever occurring, there shall be | |
substituted “electronic communications code”; | |
(b) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | 15 |
(c) for “a telecommunications code system” there shall be substituted | |
“an electronic communications code network”; | |
(d) for “that system” there shall be substituted “that network”. | |
Civil Aviation Act 1982 | |
60 In section 48(7)(b) of the Civil Aviation Act 1982 (c. 16) (Secretary of State to | 20 |
give notice of orders stopping up highways for civil aviation purposes), for | |
“a telecommunications code system” there shall be substituted “an | |
electronic communications code network”. | |
Representation of the People Act 1983 | |
61 In section 92(1)(c) of the Representation of the People Act 1983 (c. 2) | 25 |
(broadcasting from outside the United Kingdom), for “the Independent | |
Television Commission or the Radio Authority” there shall be substituted | |
“the Office of Communications”. | |
62 (1) Section 93 of that Act (broadcasting of local items during election period) | |
shall be amended as follows. | 30 |
(2) In subsection (4), for the words from the beginning to “each” there shall be | |
substituted “The Office of Communications shall”. | |
(3) In subsection (6)— | |
(a) in the definition of “broadcasting authority”, for “the Independent | |
Television Commission, the Radio Authority” there shall be | 35 |
substituted “the Office of Communications”; | |
(b) in the definition of “relevant services”, for paragraphs (b) and (c) | |
there shall be substituted— | |
“(b) in relation to the Office of Communications, means | |
services licensed under Part 1 or 3 of the Broadcasting | 40 |
Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.” | |
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Telecommunications Act 1984 | |
63 (1) Sections 44 to 46 of the Telecommunications Act 1984 (c. 12) (offences | |
relating to modification and interception of messages and to assaults on the | |
persons engaged on the business of a telecommunications operator) shall | |
cease to have effect. | 5 |
(2) No proceedings shall be capable of being begun at any time after the | |
commencement of this paragraph for any offence under any of those | |
sections which was committed before the commencement of this paragraph. | |
(3) Any proceedings for an offence under any of those sections which have been | |
begun before the commencement of this paragraph but in which there has | 10 |
not yet been a conviction must be discontinued immediately. | |
64 In sections 79, 83, 85 and 86 of that Act (wireless telegraphy provisions), for | |
the words “the Secretary of State” and “The Secretary of State”, wherever | |
occurring, there shall be substituted “OFCOM”. | |
65 In section 79(6)(b) of that Act (seizure of apparatus etc.), for “section 80 or 81 | 15 |
below” there shall be substituted “Schedule 7 to the Communications Act | |
2003”. | |
66 (1) Section 83 of that Act (disposal of seized apparatus and property) shall be | |
further amended as follows. | |
(2) In subsections (1)(b) and (2)(b), for “section 80 or 81 above”, in each place, | 20 |
there shall be substituted “Schedule 7 to the Communications Act 2003”. | |
(3) In subsection (3), for “him” there shall be substituted “them”. | |
(4) In subsection (4), for “he thinks” there shall be substituted “they think”. | |
67 (1) Section 84 of that Act (approval of wireless telegraphy apparatus) shall be | |
amended as follows. | 25 |
(2) For the words “Secretary of State”, wherever occurring, except in subsection | |
(9), there shall be substituted “relevant authority”. | |
(3) In subsection (5), for “him” there shall be substituted “the relevant | |
authority”. | |
(4) In subsection (8) for “his” there shall be substituted “the relevant | 30 |
authority’s”. | |
(5) After subsection (8) there shall be inserted— | |
“(8A) Subject to subsection (8B), in this section ‘the relevant authority’ | |
means— | |
(a) in such cases as may be specified in an order made by the | 35 |
Secretary of State, the Secretary of State; and | |
(b) in any other case, OFCOM. | |
(8B) Where an application for the purposes of this section is made to the | |
Secretary of State or OFCOM and it appears to the person to whom | |
it is made that it should have been made to the other— | 40 |
(a) that person shall refer the application to the other; and | |
(b) the application shall be proceeded with as if made to the | |
person to whom it is referred.” | |
68 Section 90 of that Act (funding of wireless interference service by the | |
Secretary of State) shall cease to have effect. | 45 |
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69 (1) Section 91 of that Act (construction of references to the conclusion of | |
proceedings) shall be amended as follows. | |
(2) In subsection (1), for “under the 1949 Act or for the forfeiture of any | |
apparatus under section 80 or 81 above” there shall be substituted “to which | |
section 79 above applies or for the forfeiture of any apparatus under | 5 |
Schedule 7 to the Communications Act 2003”. | |
(3) In subsection (2), for “section 80(9)(b) above” there shall be substituted | |
“paragraph 12 of Schedule 7 to the Communications Act 2003”. | |
70 (1) Section 94 of that Act (directions in the interests of national security) shall be | |
amended as follows. | 10 |
(2) In subsection (1), for “requisite or expedient” there shall be substituted | |
“necessary”. | |
(3) In subsection (2), for “requisite or expedient” there shall be substituted | |
“necessary”. | |
(4) After subsection (2), there shall be inserted— | 15 |
“(2A) The Secretary of State shall not give a direction under subsection (1) | |
or (2) unless he believes that the conduct required by the direction is | |
proportionate to what is sought to be achieved by that conduct.” | |
(5) In subsection (3), for “this Act” there shall be substituted “Part 1 or Chapter | |
1 of Part 2 of the Communications Act 2003”. | 20 |
(6) In subsection (6), for “public telecommunications operators” there shall be | |
substituted “providers of public electronic communications services”. | |
(7) In subsection (8), for the words from “the Director” onwards there shall be | |
substituted “OFCOM and to providers of public electronic communications | |
services.” | 25 |
71 (1) Section 98 of that Act (use of conduits for telecommunications purposes) | |
shall be amended as follows. | |
(2) In subsection (1), for the words “telecommunication apparatus”, wherever | |
occurring, there shall be substituted “electronic communications | |
apparatus”. | 30 |
(3) In subsection (5)(a), for the words “telecommunication purposes” there shall | |
be substituted “the purposes of any electronic communications network or | |
of any electronic communications service”. | |
72 (1) Section 101 of that Act (general restrictions on disclosure of information) | |
shall be amended as follows. | 35 |
(2) In subsection (2)(a)— | |
(a) the words “or transferred” shall be omitted; and | |
(b) for the words “, the Director or the Commission by or under this Act” | |
there shall be substituted “or OFCOM by or under this Act (except | |
functions assigned by or under Part 6)”. | 40 |
(3) In subsection (2)(b), after “the Rail Regulator” there shall be inserted | |
“, OFCOM”. | |
(4) In subsection (3), after paragraph (p) there shall be inserted— | |
“(q) the Communications Act 2003.” | |
(5) Subsection (4) shall cease to have effect. | 45 |
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(6) In subsection (6), for “the Director” there shall be substituted “OFCOM”. | |
73 In section 104 of that Act (orders and schemes), after subsection (1) there | |
shall be inserted— | |
“(1A) Section 388 of the Communications Act 2003 (procedure for | |
regulations and orders made by OFCOM) applies to every power of | 5 |
OFCOM to make an order under a provision of this Act. | |
(1B) The approval of the Secretary of State is required for the making by | |
OFCOM of an order under section 85 or 86 above. | |
(1C) A statutory instrument containing an order made by OFCOM under | |
section 85 or 86 above shall be subject to annulment in pursuance of | 10 |
a resolution of either House of Parliament.” | |
74 In section 106(1) of that Act (general interpretation), after the definition of | |
“modifications” there shall be inserted— | |
“‘OFCOM’ means the Office of Communications;”. | |
Cinemas Act 1985 | 15 |
75 In section 21(1) of the Cinemas Act 1985 (c. 13) (interpretation), for the | |
definition of “film exhibition” there shall be substituted— | |
“‘film exhibition’ means any exhibition of moving pictures | |
other than an exhibition of items included in a programme | |
service (within the meaning of the Communications Act | 20 |
2003) that is being simultaneously received (or virtually so) | |
by the exhibitor”. | |
Surrogacy Arrangements Act 1985 | |
76 In section 3 of the Surrogacy Arrangements Act 1985 (c. 49) (advertisements | |
about surrogacy), for “a telecommunication system”, wherever occurring, | 25 |
there shall be substituted “an electronic communications network”. | |
Bankruptcy (Scotland) Act 1985 | |
77 (1) Section 70 of the Bankruptcy (Scotland) Act 1985 (c. 66) (supplies by utilities) | |
shall be amended as follows. | |
(2) In subsection (4), for paragraph (d) there shall be substituted— | 30 |
“(d) a supply of communications services by a provider of a | |
public electronic communications service.” | |
(3) For subsection (5) there shall be substituted— | |
“(5) In subsection (4), ‘communications services’ do not include | |
electronic communications services to the extent that they are used | 35 |
to broadcast or otherwise transmit programme services (within the | |
meaning of the Communications Act 2003).” | |
Housing Act 1985 | |
78 (1) The Housing Act 1985 (c. 68) shall be amended as follows. | |
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(2) In section 295(2)(b) (extinguishment of other rights over land acquired), for | |
“telecommunications systems” there shall be substituted “electronic | |
communications networks”. | |
(3) In section 298(2) and (3) (telecommunications apparatus)— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | 5 |
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”; | 10 |
(d) for “the system” and “a system” there shall be substituted, | |
respectively, “the network” and “a network”. | |
Airports Act 1986 | |
79 In section 62 of the Airports Act 1986 (c. 31) (provisions as to | |
telecommunication apparatus)— | 15 |
(a) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”; | |
(b) for “telecommunication apparatus” and “telecommunications | |
apparatus”, wherever occurring, there shall be substituted | |
“electronic communications apparatus”; | 20 |
(c) for “a telecommunications code system”, wherever occurring, there | |
shall be substituted “an electronic communications code network”; | |
(d) in subsection (3), for “that system” there shall be substituted “that | |
network”. | |
Gas Act 1986 | 25 |
80 In section 4AA(4)(b) of the Gas Act 1986 (c. 44) (general duties of Secretary | |
of State and Authority), for sub-paragraph (i) there shall be substituted— | |
“(i) communications services and electronic communications | |
apparatus, or”. | |
Insolvency Act 1986 | 30 |
81 (1) The Insolvency Act 1986 (c. 45) shall be amended as follows. | |
(2) In section 233 (supplies of telecommunications services etc. in cases of | |
administration or liquidation)— | |
(a) in subsection (3), for paragraph (d) there shall be substituted— | |
“(d) a supply of communications services by a provider of | 35 |
a public electronic communications service.”; | |
(b) in subsection (5), for paragraph (d) there shall be substituted— | |
“(d) ‘communications services’ do not include electronic | |
communications services to the extent that they are | |
used to broadcast or otherwise transmit programme | 40 |
services (within the meaning of the Communications | |
Act 2003).” | |
(3) In section 372 (supplies of telecommunications services etc. in cases of | |
bankruptcy)— | |
(a) in subsection (4), for paragraph (d) there shall be substituted— | 45 |
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