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(2) In paragraph 1(1), for “telecommunications operator” there shall be | |
substituted “an operator of an electronic communications code network”. | |
(3) In paragraphs 2 to 4— | |
(a) for “telecommunications code”, wherever occurring, there shall be | |
substituted “electronic communications code”; | 5 |
(b) for “telecommunications apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(c) for “a telecommunications operator”, wherever occurring, there shall | |
be substituted “an operator”; | |
(d) for “any telecommunications operator”, wherever occurring, there | 10 |
shall be substituted “any operator of an electronic communications | |
code network”; | |
(e) for “the telecommunications operator”, wherever occurring, there | |
shall be substituted “the operator”; | |
(f) for “telecommunications system” there shall be substituted | 15 |
“electronic communications code network”. | |
(4) In paragraph 5— | |
(a) for “telecommunications apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(b) for “telecommunications operator”, in the first place where it occurs, | 20 |
there shall be substituted “operator of an electronic communications | |
code network”; | |
(c) for “telecommunications operator”, in each other place where it | |
occurs, there shall be substituted “operator”. | |
Gas (Northern Ireland) Order 1996 | 25 |
138 The Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) shall be | |
amended as follows. | |
139 In Article 44 (restrictions on disclosure of information)— | |
(a) in paragraph (3)(b), for head (vi) there shall be substituted— | |
“(vi) the Office of Communications;”; | 30 |
(b) in paragraph (4), after sub-paragraph (v) there shall be inserted— | |
“(w) the Communications Act 2003.” | |
140 (1) Schedule 3 (other powers etc. of licence holders) shall be amended as | |
follows. | |
(2) In paragraph 1(1)— | 35 |
(a) for “a public telecommunications operator” there shall be substituted | |
“an electronic communications code operator”; | |
(b) for “telecommunication system” there shall be substituted | |
“electronic communications network”. | |
(3) In paragraphs 4 and 6 for “public telecommunications operator” there shall | 40 |
be substituted “electronic communications code operator”. | |
(4) In paragraphs 3(1), (2) and (3), 5(1) and (2), 6(1) and 8— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(b) for “a telecommunication system”, wherever occurring, there shall | 45 |
be substituted “an electronic communications network”; | |
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(c) for “telecommunications code”, wherever occurring, there shall be | |
substituted “electronic communications code”. | |
Construction Contracts (Northern Ireland) Order 1997 | |
141 In Article 4(1)(b) of the Construction Contracts (Northern Ireland) Order | |
1997 (S.I. 1997/274 (N.I. 1)) (meaning of “construction operations”), for | 5 |
“telecommunication apparatus” there shall be substituted “electronic | |
communications apparatus”. | |
Waste and Contaminated Land (Northern Ireland) Order 1997 | |
142 In Article 2(2) of the Waste and Contaminated Land (Northern Ireland) | |
Order 1997 (S.I. 1997/2778 (N.I. 19)) (meaning of “industrial waste” for | 10 |
“telecommunication services”) there shall be substituted “communications | |
services”. | |
Wireless Telegraphy Act 1998 | |
143 Subject to any other amendment made by any other provision of this Act, in | |
sections 1 to 4 of the Wireless Telegraphy Act 1998 (c. 6), for the words “the | 15 |
Secretary of State”, “Secretary of State” and “The Secretary of State”, | |
wherever occurring, there shall be substituted “OFCOM”. | |
144 In section 1 of that Act (charges for wireless telegraphy licences)— | |
(a) in subsection (3)(c), for the words “the Secretary of State thinks”, | |
there shall be substituted “OFCOM think”; and | 20 |
(b) in subsection (4), for the words “he thinks”, there shall be substituted | |
“they think”. | |
145 For section 2 of that Act there shall be substituted— | |
“2 Matters to be taken into account | |
(1) This section applies where OFCOM exercise any of their powers | 25 |
under section 1 to prescribe sums payable in respect of any | |
description of wireless telegraphy licence or of grant of recognised | |
spectrum access, other than a power to prescribe sums payable | |
where— | |
(a) a wireless telegraphy licence is varied or revoked at the | 30 |
request or with the consent of the licence holder; or | |
(b) a grant of recognised spectrum access is varied or revoked at | |
the request or with the consent of the holder of the grant. | |
(2) OFCOM may, if they think fit in the light (in particular) of the | |
matters to which they are required to have regard under section 149 | 35 |
of the Communications Act 2003, prescribe sums which would be | |
greater than those that would be necessary for the purposes of | |
recovering costs incurred by them in connection with functions | |
under the enactments relating to the management of the radio | |
spectrum. | 40 |
(3) In this section— | |
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‘the enactments relating to the management of the radio | |
spectrum’ has the same meaning as in the Communications | |
Act 2003; | |
‘prescribe’ means prescribe by regulations or determine in | |
accordance with regulations.” | 5 |
146 (1) Section 4 of that Act (restriction on revocation or variation of licences) shall | |
be amended as follows. | |
(2) In subsection (1), for the words “him” and “his” there shall be substituted, | |
respectively, “them” and “their”. | |
(3) In subsection (5), for the word “him” there shall be substituted “them”. | 10 |
147 (1) After section 4 of that Act there shall be inserted— | |
“4A Recovery of sums payable to OFCOM | |
Where any sum is required to be paid to OFCOM— | |
(a) under any provision this Act, | |
(b) in pursuance of any provision of regulations under | 15 |
this Act, or | |
(c) by virtue of any terms or conditions contained by | |
virtue of this Act in a wireless telegraphy licence, or in | |
a grant of recognised spectrum access, | |
that sum shall be so paid to them as soon as it becomes due in | 20 |
accordance with that provision, or those terms or conditions, and if | |
not paid is to be recoverable by them accordingly.” | |
(2) This paragraph does not apply to a sum that first became payable before the | |
coming into force of this paragraph. | |
148 For section 6 of that Act there shall be substituted— | 25 |
“6 Regulations | |
(1) 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. | |
(2) Subsections (4) to (6) of that section shall not apply in any case in | 30 |
which it appears to OFCOM that by reason of the urgency of the | |
matter it is inexpedient to publish a notice in accordance with | |
subsection (4)(b) of that section. | |
(3) Subsections (4) to (6) of that section shall not apply in the case of any | |
regulations under section 3 or 3A modifying previous regulations | 35 |
under that section in a case not falling within subsection (2) if it | |
appears to OFCOM— | |
(a) that the modifications would not adversely affect the | |
interests of any person or otherwise put him in a worse | |
position or, as regards someone else, put him at a | 40 |
disadvantage; and | |
(b) in so far as the modifications affect a procedure that has | |
already begun, that no person would have acted differently | |
had the modifications come into force before the procedure | |
began.” | 45 |
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149 (1) Section 8 of that Act (interpretation) shall be amended as follows. | |
(2) After “In this Act—” there shall be inserted— | |
“‘grant of recognised spectrum access’ means a grant of | |
recognised spectrum access made under section 154 of the | |
Communications Act 2003; | 5 |
‘OFCOM’ means the Office of Communications;”. | |
(3) After the definition of “wireless telegraphy licence” there shall be inserted— | |
“and references in this Act to the issue of a wireless telegraphy | |
licence or the making of a grant of recognised spectrum access | |
include references to the issue of such a licence, or the making of a | 10 |
grant of such access, by way of renewal of a previous licence or | |
grant.” | |
Finance Act 1998 | |
150 In section 118(1) of the Finance Act 1998 (c. 36) (claims for income tax | |
purposes), for “a telecommunication system (within the meaning of the | 15 |
Telecommunications Act 1984)” there shall be substituted “an electronic | |
communications service”. | |
Competition Act 1998 | |
151 (1) Schedule 7 to the Competition Act 1998 (c. 41) (members of Commission | |
appointed under certain enactments) shall be amended as follows. | 20 |
(2) In paragraph 2(1)(d), for sub-paragraph (iii) there shall be substituted— | |
“(iii) section 189(1) of the Communications Act 2003;”. | |
(3) In paragraph 19A(9), in the definition of “special reference group”, after | |
paragraph (n) there shall be inserted “or | |
(o) section 188 of the Communications Act 2003.” | 25 |
152 In paragraph 1 of Schedule 7A to that Act (procedural rules), in the | |
definition of “special investigation”, for “and (n)” there shall be substituted | |
“, (n) and (o)”. | |
Regional Development Agencies Act 1998 | |
153 (1) Schedule 6 to the Regional Development Agencies Act 1998 (c. 45) (land | 30 |
acquired by regional development agencies) shall be amended as follows. | |
(2) In paragraphs 1, 2, 8, 9 and 11— | |
(a) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”; | |
(b) for “a telecommunications code system” and “any | 35 |
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”; | 40 |
(d) for “such system” and “the system”, wherever occurring, there shall | |
be substituted, respectively, “such network” and “the network”. | |
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Finance Act 1999 | |
154 In section 132(10) of the Finance Act 1999 (c. 16) (power to provide for use of | |
electronic communications), for “a telecommunication system (within the | |
meaning of the Telecommunications Act 1984)” there shall be substituted | |
“an electronic communications service”. | 5 |
Greater London Authority Act 1999 | |
155 (1) Section 235 of the Greater London Authority Act 1999 (c. 29) (restrictions on | |
disclosure of information) shall be amended as follows. | |
(2) In subsection (2)(c), for sub-paragraph (iv) there shall be substituted— | |
“(iv) the Office of Communications,”. | 10 |
(3) In subsection (3), after paragraph (rs) there shall be inserted— | |
“(rt) the Communications Act 2003;”. | |
Electronic Communications Act 2000 | |
156 In section 15(1) of the Electronic Communications Act 2000 (c. 7) (general | |
interpretation), in the definition of “electronic communication”, for “a | 15 |
telecommunication system (within the meaning of the Telecommunications | |
Act 1984)” there shall be substituted “an electronic communications | |
network”. | |
Television Licences (Disclosure of Information) Act 2000 | |
157 In section 5 of the Television Licences (Disclosure of Information) Act 2000 | 20 |
(c. 15) (interpretation)— | |
(a) for the definitions of “the BBC” and “television licence” there shall be | |
substituted— | |
“‘the BBC’ means the British Broadcasting | |
Corporation;”; | 25 |
(b) after the definition of “prescribed” there shall be inserted— | |
“‘television licence’ means a licence for the purposes of | |
section 349 of the Communications Act 2003;”. | |
Finance Act 2000 | |
158 (1) The Finance Act 2000 (c. 17) shall be amended as follows. | 30 |
(2) In section 87 (tax treatment of acquisition, disposal or revaluation of certain | |
rights), after paragraph (a) there shall be inserted— | |
“(aa) grants of recognised spectrum access made under section 154 | |
of the Communications Act 2003,”. | |
(3) In paragraph 1 of Schedule 23 (tax treatment of amounts relating to | 35 |
acquisition etc. of certain rights), after paragraph (a) there shall be inserted— | |
“(aa) grants of recognised spectrum access made under section | |
154 of the Communications Act 2003, and”. | |
(4) In paragraph 8 of Schedule 38 regulations for providing incentives for | |
electronic communications), in the definition of “electronic | 40 |
communications”, for “a telecommunication system (within the meaning of | |
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(4) the Telecommunications Act 1984)” there shall be substituted “an electronic | |
communications service”. | |
Regulation of Investigatory Powers Act 2000 | |
159 In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 | |
(c. 23) (relevant public authorities for the purposes of sections 28 and 29 of | 5 |
that Act), after paragraph 23 there shall be inserted— | |
“23A The Office of Communications.” | |
Postal Services Act 2000 | |
160 (1) The Postal Services Act 2000 (c. 26) shall be amended as follows. | |
(2) In section 125(2)(a) (communications delivered otherwise than | 10 |
electronically), for “a telecommunication system (within the meaning of the | |
Telecommunications Act 1984)” there shall be substituted “an electronic | |
communications network”. | |
(3) In paragraph 3 of Schedule 7 (disclosure of information)— | |
(a) in sub-paragraph (2), for paragraph (f) there shall be substituted— | 15 |
“(f) the Office of Communications,”; | |
(b) in sub-paragraph (3), after paragraph (gh) there shall be inserted— | |
“(gi) the Communications Act 2003,”. | |
Utilities Act 2000 | |
161 (1) Section 105 of the Utilities Act 2000 (c. 27) (general restrictions on disclosure | 20 |
of information) shall be amended as follows. | |
(2) In subsection (5), for paragraph (d) there shall be substituted— | |
“(d) the Office of Communications;”. | |
(3) In subsection (6), after paragraph (s) there shall be inserted— | |
“(t) the Communications Act 2003.” | 25 |
Freedom of Information Act 2000 | |
162 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public | |
authorities), there shall be inserted at the appropriate place— | |
“The Consumer Panel established under section 15 of the | |
Communications Act 2003.” | 30 |
Countryside and Rights of Way Act 2000 | |
163 (1) The Countryside and Rights of Way Act 2000 (c. 37) shall be amended as | |
follows. | |
(2) In section 17(4) (byelaws not to interfere with certain rights), for paragraph | |
(c) there shall be substituted— | 35 |
“(c) with the provision of an electronic communications code | |
network or the exercise of any right conferred by or in | |
accordance with the electronic communications code on the | |
operator of any such network.” | |
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(3) In paragraph 8 of Schedule 1 (excepted land), for “a telecommunications | |
code system” there shall be substituted “an electronic communications code | |
network”. | |
Transport Act 2000 | |
164 (1) Paragraph 3 of Schedule 9 to the Transport Act 2000 (c. 38) (air traffic | 5 |
information) shall be amended as follows. | |
(2) In sub-paragraph (2), for paragraph (d) there shall be substituted— | |
“(d) the Office of Communications;”. | |
(3) In sub-paragraph (3)— | |
(a) after paragraph (q) there shall be inserted— | 10 |
“(qa) the Broadcasting Act 1996;”; | |
(b) after paragraph (ra) there shall be inserted— | |
“(rb) the Communications Act 2003;”. | |
Political Parties, Elections and Referendums Act 2000 | |
165 (1) The Political Parties, Elections and Referendums Act 2000 (c. 41) shall be | 15 |
amended as follows. | |
(2) In section 11(3) (broadcasters to have regard to Electoral Commission’s | |
views on political broadcasts), for the words from “and Sianel” to “regard” | |
there shall be substituted “shall have regard, in determining its policy with | |
respect to party political broadcasts,”. | 20 |
(3) In paragraph 4(6) of Schedule 12 (broadcasters to have regard to Electoral | |
Commission’s views on referendum campaign broadcasts), for the words | |
from “and Sianel” to “regard” there shall be substituted “shall have regard, | |
in determining its policy with respect to referendum campaign broadcasts | |
by designated organisations,”. | 25 |
Vehicles (Crime) Act 2001 | |
166 In sections 16(2)(a), 31(2)(a) and 40(6) of the Vehicles (Crime) Act 2001 (c. 3) | |
(transmission of representations and service of notices etc.), for “a | |
telecommunication system (within the meaning of the Telecommunications | |
Act 1984 (c. 12))” there shall be substituted “an electronic communications | 30 |
network”. | |
Criminal Justice and Police Act 2001 | |
167 In the table in section 1(1) of the Criminal Justice and Police Act 2001 (c. 16) | |
(offences leading to penalties on the spot), after the entry relating to section | |
12 of that Act there shall be inserted— | 35 |
| | “Section 123(2) of the | Using public electronic | | | | | Communications Act 2003 | communications network in | | | | | | order to cause annoyance, | | | | | | inconvenience or needless | | | | | | anxiety” | | 40 |
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