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“(d) a supply of communications services by a provider of | |
a public electronic communications service.”; | |
(b) in subsection (5), for paragraph (c) there shall be substituted— | |
“(c) ‘communications services’ do not include electronic | |
communications services to the extent that they are | 5 |
used to broadcast or otherwise transmit programme | |
services (within the meaning of the Communications | |
Act 2003).” | |
(4) In Schedule 2A (exceptions to prohibition on appointment of administrative | |
receiver), in paragraph 10, after sub-paragraph (2) there shall be inserted— | 10 |
“(2A) For the purposes of section 72D a business is also regulated to the | |
extent that it consists in the provision of a public electronic | |
communications network or a public electronic communications | |
service.” | |
Company Directors Disqualification Act 1986 | 15 |
82 In section 9E(2) of the Company Directors Disqualification Act 1986 (c. 46) | |
(interpretation), for paragraph (a) there shall be substituted— | |
“(a) the Office of Communications;”. | |
Channel Tunnel Act 1987 | |
83 For section 32 of the Channel Tunnel Act 1987 (c. 53), there shall be | 20 |
substituted— | |
“32 Exclusion of rights under electronic communications code | |
No rights shall be exercisable by any person by virtue of the | |
electronic communications code in relation to any land comprised in | |
the tunnel system and lying in or under the bed of the sea.” | 25 |
84 In paragraph 3(2)(b) of Schedule 2 to that Act (supplementary provisions as | |
to scheduled works etc.), for “telecommunications” there shall be | |
substituted “electronic communications”. | |
85 (1) Part 10 of Schedule 7 to that Act (protection of telecommunications | |
operators) shall be amended as follows. | 30 |
(2) In paragraph 1(1), for “a telecommunications operator” there shall be | |
substituted “an operator of an electronic communications code network”. | |
(3) In paragraphs 2 to 7— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | 35 |
(b) for “a telecommunications code system”, “a telecommunication | |
system” and “any telecommunications code system”, wherever | |
occurring, there shall be substituted “an electronic communications | |
code network”; | |
(c) for “that telecommunications system” there shall be substituted “that | 40 |
network”; | |
(d) for “the telecommunications operator”, wherever occurring, there | |
shall be substituted “the operator”; | |
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(e) for “any telecommunications operator”, wherever occurring, there | |
shall be substituted “any operator of an electronic communications | |
code network”; | |
(f) for “a system” and “that system”, wherever occurring, there shall be | |
substituted, respectively, “a network” and “that network”; | 5 |
(g) for “the system”, wherever occurring, there shall be substituted “the | |
electronic communications code network”. | |
Consumer Protection (Northern Ireland) Order 1987 | |
86 (1) Article 29 of the Consumer Protection (Northern Ireland) Order 1987 | |
(S.I. 1987/2049 (N.I. 20)) (restrictions on disclosure of information) shall be | 10 |
amended as follows. | |
(2) In paragraph (3), after sub-paragraph (n), there shall be inserted— | |
“(o) the Communications Act 2003.” | |
(3) In paragraph (6) for “the Director General of Telecommunications” there | |
shall be substituted “the Office of Communications”. | 15 |
Income and Corporation Taxes Act 1988 | |
87 (1) The Income and Corporation Taxes Act 1988 (c. 1) shall be amended as | |
follows. | |
(2) In section 155AA(2) (mobile telephones), for paragraph (a) there shall be | |
substituted— | 20 |
“(a) is used in connection with a public electronic | |
communications service; and”. | |
(3) In section 156A(5)(b) (limited exemption for computer equipment), for “any public | |
telecommunication system (within the meaning of the Telecommunications Act | |
1984)” there shall be substituted “a public electronic communications service”. | 25 |
(4) In section 567(2)(b) (meaning of “construction operations”), for | |
“telecommunication apparatus” there shall be substituted “electronic | |
communications apparatus”. | |
Norfolk and Suffolk Broads Act 1988 | |
88 In section 25(1) of the Norfolk and Suffolk Broads Act 1988 (c. 4) | 30 |
(interpretation), in the definition of “statutory undertaker”, for paragraph | |
(d) there shall be substituted— | |
“(d) any electronic communications code operator;”. | |
Malicious Communications Act 1988 | |
89 In section 1(2A)(a) of the Malicious Communications Act 1988 (c. 27) | 35 |
(offence of sending electronic communications with intent to cause distress | |
or anxiety), for “a telecommunication system (within the meaning of the | |
Telecommunications Act 1984)” there shall be substituted “an electronic | |
communications network”. | |
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Copyright, Designs and Patents Act 1988 | |
90 (1) Section 69 of the Copyright, Designs and Patents Act 1988 (c. 48) (no | |
infringement of copyright by use of recordings for certain supervisory | |
purposes) shall be amended as follows. | |
(2) In subsection (2)— | 5 |
(a) for paragraph (a) there shall be substituted— | |
“(a) section 167(1) of the Broadcasting Act 1990, section | |
115(4) or (6) or 117 of the Broadcasting Act 1996 or | |
section 322(3) of the Communications Act 2003;”; | |
(b) in paragraph (b), for the words from “by virtue of” to “1990” there | 10 |
shall be substituted “by virtue of section 322(1) of the | |
Communications Act 2003”; | |
(c) in paragraph (c), for “Radio Authority” there shall be substituted | |
“OFCOM”. | |
(3) For subsection (3) there shall be substituted— | 15 |
“(3) Copyright is not infringed by the use by OFCOM in connection with | |
the performance of any of their functions under the Broadcasting Act | |
1990, the Broadcasting Act 1996 or the Communications Act 2003 | |
of— | |
(a) any recording, script or transcript which is provided to them | 20 |
under or by virtue of any provision of those Acts; or | |
(b) any existing material which is transferred to them by a | |
scheme made under section 26 of the Communications Act | |
2003. | |
(4) In subsection (3), ‘existing material’ means— | 25 |
(a) any recording, script or transcript which was provided to the | |
Independent Television Commission or the Radio Authority | |
under or by virtue of any provision of the Broadcasting Act | |
1990 or the Broadcasting Act 1996; and | |
(b) any recording or transcript which was provided to the | 30 |
Broadcasting Standards Commission under section 115(4) or | |
(6) or 116(5) of the Broadcasting Act 1996.” | |
91 (1) Section 73 of that Act (no breach of copyright by certain retransmissions of | |
broadcasts in cable programme service) shall be amended as follows. | |
(2) In subsection (6)— | 35 |
(a) for paragraphs (c) and (d) there shall be substituted— | |
“(c) the public teletext service, | |
(d) S4C Digital, and” | |
(b) for the words after paragraph (e) there shall be substituted— | |
“and expressions used in this subsection have the same | 40 |
meanings as in Part 3 of the Communications Act 2003.” | |
(3) For subsection (7) there shall be substituted— | |
“(7) In this section ‘relevant requirement’ means a requirement imposed | |
by a general condition (within the meaning of Chapter 1 of Part 2 of | |
the Communications Act 2003) the setting of which is authorised | 45 |
under section 60 of that Act (must-carry obligations).” | |
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92 (1) Paragraph 17 of Schedule 2 to that Act (no infringement of performance | |
rights by use of recordings for certain supervisory purposes) shall be | |
amended as follows. | |
(2) In sub-paragraph (2)— | |
(a) for paragraph (a) there shall be substituted— | 5 |
“(a) section 167(1) of the Broadcasting Act 1990, section | |
115(4) or (6) or 117 of the Broadcasting Act 1996 or | |
section 322(3) of the Communications Act 2003;”; | |
(b) in paragraph (b), for the words from “by virtue of” to “1990” there | |
shall be substituted “by virtue of section 322(1) of the | 10 |
Communications Act 2003”; | |
(c) in paragraph (c), for “Radio Authority” there shall be substituted | |
“OFCOM”. | |
(3) For sub-paragraph (3) there shall be substituted— | |
“(3) The rights conferred by Part 2 are not infringed by the use by | 15 |
OFCOM in connection with the performance of any of their | |
functions under the Broadcasting Act 1990, the Broadcasting Act | |
1996 or the Communications Act 2003 of— | |
(a) any recording, script or transcript which is provided to | |
them under or by virtue of any provision of those Acts; or | 20 |
(b) any existing material which is transferred to them by a | |
scheme made under section 26 of the Communications Act | |
2003. | |
(4) In subsection (3), ‘existing material’ means— | |
(a) any recording, script or transcript which was provided to | 25 |
the Independent Television Commission or the Radio | |
Authority under or by virtue of any provision of the | |
Broadcasting Act 1990 or the Broadcasting Act 1996; and | |
(b) any recording or transcript which was provided to the | |
Broadcasting Standards Commission under section 115(4) | 30 |
or (6) or 116(5) of the Broadcasting Act 1996.” | |
Housing Act 1988 | |
93 (1) Part 2 of Schedule 10 to the Housing Act 1988 (c. 50) (provisions about land | |
acquired by a housing action trust) shall be amended as follows. | |
(2) In paragraphs 4, 5, 11, 12 and 14— | 35 |
(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”; | 40 |
(c) for “telecommunications apparatus” and “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”. | 45 |
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Road Traffic Act 1988 | |
94 In section 21(3)(b) of the Road Traffic Act 1988 (c. 52) (exception from | |
prohibition of driving etc on cycle tracks for statutory undertakers), for the | |
words from “a telecommunications code system” to “1984)” there shall be | |
substituted “an electronic communications code network”. | 5 |
Water Act 1989 | |
95 (1) Section 174 of the Water Act 1989 (c. 15) (general restrictions on disclosure of | |
information) be amended as follows. | |
(2) In subsection (2)(d), for sub-paragraph (iv) there shall be substituted— | |
“(iv) the Office of Communications;”. | 10 |
(3) In subsection (3), after paragraph (ln) there shall be inserted— | |
“(lo) the Communications Act 2003;”. | |
Road Traffic (Driver Licensing and Information Systems) Act 1989 | |
96 (1) The Road Traffic (Driver Licensing and Information Systems) Act 1989 | |
(c. 22) shall be amended as follows. | 15 |
(2) For section 9(3) (requirement for licence to operate driver information | |
systems) there shall be substituted— | |
“(3) The holding by a person of a licence under this section shall not | |
relieve him of— | |
(a) any liability in respect of a failure to hold a licence under | 20 |
section 1 of the Wireless Telegraphy Act 1949; or | |
(b) any obligation to comply with requirements imposed by or | |
under Chapter 1 of Part 2 of the Communications Act 2003 | |
(electronic communications networks and electronic | |
communications services).” | 25 |
(3) In paragraph 4 of Schedule 4 (application of telecommunications code to | |
licence holders), for the words “(application of telecommunications code)” | |
there shall be substituted “(procedure for works involving alteration of | |
electronic communications apparatus)”. | |
(4) In paragraph 8 of Schedule 5 (undertakers’ works affecting driver | 30 |
information systems)— | |
(a) in the definition of “relevant undertaker”, for paragraph (b) there | |
shall be substituted— | |
“(b) any electronic communications code operator;”; | |
(b) in the definition of “undertaker’s works”, in paragraph (b), for “a | 35 |
telecommunication system run by him” there shall be substituted | |
“an electronic communications code network provided by him”. | |
Electricity Act 1989 | |
97 In section 3A(4)(b) of the Electricity Act 1989 (c. 29) (general duties of | |
Secretary of State and Authority), for sub-paragraph (i) there shall be | 40 |
substituted— | |
“(i) communications services and electronic communications | |
apparatus, or”. | |
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98 (1) Schedule 4 to that Act (other powers etc. of licence holders) shall be | |
amended as follows. | |
(2) In paragraphs 3(1)(d) and 5— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | 5 |
(b) for “a telecommunication system” there shall be substituted “an | |
electronic communications code network”; and | |
(c) for “telecommunications code”, wherever occurring, there shall be | |
substituted “electronic communications code”. | |
(3) In paragraph 4(1), for paragraph (c) there shall be substituted— | 10 |
“(c) any electronic communications code operator or any | |
former PTO; and”. | |
Local Government and Housing Act 1989 | |
99 In section 88(1)(e)(i) of the Local Government and Housing Act 1989 (c. 42) | |
(electronic communication), for “a telecommunication system (within the | 15 |
meaning of the Telecommunications Act 1984)” there shall be substituted | |
“an electronic communications network”. | |
Insolvency (Northern Ireland) Order 1989 | |
100 (1) The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) shall | |
be amended as follows. | 20 |
(2) In Article 197(3) (supplies of water, electricity, etc.) for sub-paragraph (c) to | |
the end there shall be substituted— | |
“(c) a supply of communications services by a provider of a | |
public electronic communications service, | |
and in this paragraph ‘communications services’ do not include | 25 |
electronic communications services to the extent that they are used | |
to broadcast or transmit programme services (within the meaning of | |
the Communications Act 2003).” | |
(3) In Article 343(4) (supplies of water, electricity, etc.) for sub-paragraph (c) to | |
the end there shall be substituted— | 30 |
“(c) a supply of communications services by a provider of a | |
public telecommunications service, | |
and in this paragraph ‘communications services’ do not include | |
electronic communications services to the extent that they are used | |
to broadcast or transmit programme services (within the meaning of | 35 |
the Communications Act 2003).” | |
Town and Country Planning Act 1990 | |
101 In section 148(1) of the Town and Country Planning Act 1990 (c. 8) | |
(interpretation of Chapter 1), in the definition of “statutory undertakers”, for | |
“public telecommunications operators” there shall be substituted “electronic | 40 |
communications code operators and former PTOs”. | |
102 (1) This paragraph applies to the following provisions of that Act— | |
(a) section 236(2) (exception to extinguishment of rights over land | |
compulsorily acquired); | |
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(b) section 237(3) (saving from power to override certain rights); | |
(c) section 256 (Secretary of State’s orders affecting telecommunications | |
apparatus); | |
(d) section 260 (orders by other authorities affecting telecommunication | |
apparatus); | 5 |
(e) section 272 (extinguishment of rights of telecommunications code | |
system operators); | |
(f) section 273(7) and (8) (notices given to developing authority); | |
(g) section 274(2) (making of orders); | |
(h) section 279(3) (right to compensation). | 10 |
(2) In each of the provisions to which this paragraph applies— | |
(a) for “telecommunications code”, wherever occurring (except in the | |
expression “telecommunications code system”), there shall be | |
substituted “electronic communications code”; | |
(b) for “a telecommunications code system” and “any | 15 |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | |
(c) for “telecommunications apparatus” and “telecommunication | |
apparatus”, wherever occurring, there shall be substituted | |
“electronic communications apparatus”; | 20 |
(d) for “the telecommunications code system”, wherever occurring, | |
there shall be substituted “the electronic communications code | |
network”; | |
(e) for “system”, wherever occurring (except in the expression | |
“telecommunications code system”), there shall be substituted | 25 |
“network”. | |
103 In section 280 of that Act (measures of compensation)— | |
(a) for “a telecommunications code system” there shall be substituted | |
“an electronic communications code network”; | |
(b) for “the running of the telecommunications code system”, wherever | 30 |
occurring, there shall be substituted “the provision of the electronic | |
communications code network”. | |
104 In paragraph 1(a) of Schedule 13 to that Act (blighted land), for sub- | |
paragraph (ii) there shall be substituted— | |
“(ii) of the provision by an electronic | 35 |
communications code operator of an | |
electronic communications code network or | |
the provision by a former PTO of a public | |
electronic communications network or a | |
public electronic communications service, or”. | 40 |
Planning (Listed Buildings and Conservation Areas) Act 1990 | |
105 (1) The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) shall | |
be amended as follows. | |
(2) In section 51(2) (saving for ending of rights over land compulsorily | |
acquired), for paragraphs (b) and (c) there shall be substituted— | 45 |
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