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Electronic Communications Act (Northern Ireland) 2001 | |
168 In section 4(1) of the Electronic Communications Act (Northern Ireland) | |
2001 (c. 9 (N.I.)) (interpretation), in the definition of “electronic | |
communication”, for “a telecommunication system (within the meaning of | |
the Telecommunications Act 1984)” there shall be substituted “an electronic | 5 |
communications network”. | |
Office of Communications Act 2002 | |
169 Sections 2, 4, 5 and 6 of the Office of Communications Act 2002 (c. 11) shall | |
cease to have effect. | |
170 (1) The Schedule to that Act shall be amended as follows. | 10 |
(2) The following shall cease to have effect— | |
(a) paragraph 1(4); | |
(b) paragraph 8(5); | |
(c) paragraph 17(8) and (9); and | |
(d) paragraph 20. | 15 |
Enterprise Act 2002 | |
171 (1) The Enterprise Act 2002 (c. 40) shall be amended as follows. | |
(2) In section 126(6) (service of documents electronically), for “a | |
telecommunication system (within the meaning of the Telecommunications | |
Act 1984 (c. 12))” there shall be substituted “an electronic communications | 20 |
network”. | |
(3) In section 128(5) (supply of services and market for services etc.), for “section | |
189(2) of the Broadcasting Act 1990 (c. 42)” there shall be substituted | |
“paragraph 29 of Schedule 2 to the Telecommunications Act 1984”. | |
(4) In section 136 (investigations and reports on market investigation | 25 |
references)— | |
(a) in subsection (7), after paragraph (g) there shall be inserted— | |
“(h) in relation to the Office of Communications, sections | |
357 and 356 of the Communications Act 2003.”; | |
(b) in subsection (8), for “or the Civil Aviation Authority” there shall be | 30 |
substituted “, the Civil Aviation Authority or the Office of | |
Communications”. | |
(5) In section 234(5) (supply of services), for “section 189(2) of the Broadcasting | |
Act 1990 (c. 42)” there shall be substituted “paragraph 29 of Schedule 2 to the | |
Telecommunications Act 1984”. | 35 |
(6) In Schedule 15 (enactments conferring functions), in the appropriate place, | |
there shall be inserted— | |
“Communications Act 2003.” | |
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Schedule 18 | |
Section 391 | |
Transitional Provisions | |
General | |
1 (1) This paragraph applies where, at any time before the coming into force of a | |
transfer made by virtue of section 2— | 5 |
(a) any subordinate legislation has been made in the carrying out of the | |
transferred functions by the person from whom the transfer is made; | |
or | |
(b) any other thing has been done by or in relation to that person for the | |
purposes of or in connection with the carrying out of those functions. | 10 |
(2) The subordinate legislation or other thing— | |
(a) is to have effect, on and after the coming into force of the transfer, | |
and so far as necessary for its purposes, as if it had been made or | |
done by or in relation to OFCOM; and | |
(b) in the case of subordinate legislation to which section 388 applies | 15 |
when it is made by OFCOM, shall so have effect as if made in | |
accordance with the requirements of that section. | |
(3) Where any subordinate legislation, direction, authorisation or notice has | |
effect in accordance with this paragraph— | |
(a) so much of it as authorises or requires anything to be done by or in | 20 |
relation to the person from whom the transfer is made is to have | |
effect in relation to times after the coming into force of the transfer as | |
if it authorised or required that thing to be done by or in relation to | |
OFCOM; and | |
(b) other references in the subordinate legislation, direction, | 25 |
authorisation or notice to the person from whom the transfer is made | |
are to have effect, in relation to such times, as references to OFCOM. | |
Steps taken in anticipation of passing or coming into force of Act | |
2 (1) This paragraph applies where the Secretary of State or OFCOM is or are | |
required— | 30 |
(a) by a provision of this Act, or | |
(b) by virtue of an amendment made by this Act, | |
to take steps before exercising a power or performing a duty. | |
(2) The requirement is capable of being satisfied by the taking of the steps in | |
anticipation of effect being given to the provision by virtue of which the | 35 |
power or duty is— | |
(a) conferred or imposed on the Secretary of State or OFCOM; or | |
(b) transferred to OFCOM. | |
(3) For the purposes of sub-paragraph (2) it is immaterial— | |
(a) that the provision by virtue of which the power or duty is conferred, | 40 |
imposed or transferred had not been enacted, or had not come into | |
force, when the steps were taken; and | |
(b) in the case of steps taken before the enactment of that provision, that | |
the provision the effect of which was anticipated was modified | |
before being enacted. | 45 |
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(4) In relation to provisions brought into force as mentioned in subsection (1) of | |
section 393 for the purpose of enabling specified functions to be carried out | |
by the Director or the Secretary of State— | |
(a) this paragraph has effect in relation to steps taken by the Director or | |
the Secretary of State as it has in relation to steps taken by OFCOM; | 5 |
and | |
(b) subsection (5) of that section applies in relation to steps taken by the | |
Director or the Secretary of State in anticipation of effect being given | |
to those provisions as it would apply to anything done by the | |
Director or the Secretary of State for the purposes of, or in connection | 10 |
with, the carrying out of those functions. | |
(5) Where a requirement is satisfied by virtue of this paragraph by steps taken | |
in anticipation of effect being given to a provision— | |
(a) representations made to or other things done in relation to OFCOM, | |
or the Director or the Secretary of State, in consequence of the taking | 15 |
of those steps, and | |
(b) any requirements framed by reference to the time at which those | |
steps were taken, | |
are to have effect as if the provision in question had come into force before | |
those steps were taken. | 20 |
General saving for agreements conditional on licensing | |
3 (1) This paragraph has effect where an agreement in force immediately before | |
the coming into force of a provision of this Act removing a requirement for | |
a relevant licence provides— | |
(a) for the agreement to cease to have effect, or | 25 |
(b) for it to be capable of being terminated, | |
if a party to the agreement ceases to hold a relevant licence of a particular | |
description, or so ceases in a manner described in the agreement. | |
(2) In this paragraph “relevant licence” means— | |
(a) a licence under section 7 of the 1984 Act; | 30 |
(b) a licence under Part 1 of the 1990 Act to provide a satellite television | |
service or a licensable programme service; | |
(c) a licence under that Part to provide the service mentioned in section | |
49(2) of that Act; | |
(d) a licence under Part 2 of that Act to provide a local delivery service; | 35 |
or | |
(e) a licence under Part 3 of that Act to provide licensable sound | |
programme services. | |
(3) The agreement is not to cease to have effect, or to be capable of being | |
terminated, by reason only of the coming into force of the provisions of this | 40 |
Act under which the requirement for the licence is removed. | |
(4) In relation to times after the commencement of the provision of this Act | |
removing the requirement for a licence to provide a satellite television | |
service or a licensable programme service, a reference to such a licence in the | |
provision of the agreement in question is to have effect as a reference to a | 45 |
licence granted or having effect as if granted as a licence to provide a | |
television licensable content service. | |
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(5) In relation to times after the commencement of the provision of this Act | |
removing the requirement for a licence to provide the service mentioned in | |
section 49(2) of the 1990 Act, a reference to such a licence in the provision of | |
the agreement in question is to have effect as a reference to a licence to | |
provide the public teletext service. | 5 |
(6) In relation to times after the commencement of the provision of this Act | |
removing the requirement for a licence to provide a licensable sound | |
programme service, a reference to such a licence in the provision of the | |
agreement in question is to have effect as a reference to a licence to provide | |
a radio licensable content service. | 10 |
(7) References in this paragraph to a provision having effect if a person ceases | |
to hold a licence include references— | |
(a) to a provision having effect if a licence of his expires without being | |
renewed; and | |
(b) to a provision having effect if his licence is revoked. | 15 |
(8) Expressions used in this paragraph and in Part 3 of this Act have the same | |
meanings in this paragraph as in that Part. | |
Orders under Part 2 of the Deregulation and Contracting Out Act 1994 | |
4 (1) This paragraph applies where, immediately before functions under the | |
Wireless Telegraphy Act 1949 (c. 54) are transferred under this Act to | 20 |
OFCOM, an order is in force with respect to those functions under Part 2 of | |
the Deregulation and Contracting Out Act 1994 (c. 40). | |
(2) The order is to have effect in relation to times after the transfer— | |
(a) as if made in exercise of the power conferred by virtue of section 1(7) | |
in relation to such of the functions of OFCOM under that Act of 1949 | 25 |
as are specified in the order; | |
(b) as if any power conferred on the Secretary of State by that order to | |
authorise the exercise by a person of functions under that Act of 1949 | |
were conferred on OFCOM; and | |
(c) as if an authorisation given by the Secretary of State in exercise of | 30 |
that power were an authorisation given under that order by | |
OFCOM. | |
Local loop notifications | |
5 (1) This paragraph applies where, as a result of a market power determination | |
made by OFCOM for the purposes of a provision of Chapter 1 of Part 2 of | 35 |
this Act, they conclude that a person who is for the time being LLU notified | |
is no longer a person falling to be so notified. | |
(2) OFCOM must give a notification of their conclusion to— | |
(a) the Secretary of State; and | |
(b) the notified person. | 40 |
(3) On receiving a notification under sub-paragraph (2) the Secretary of State | |
must withdraw the LLU notification of the person in question. | |
(4) For the purposes of this paragraph a person is LLU notified if he is a person | |
who, for the purposes of Regulation (EC) No. 2887/2000 of the European | |
Parliament and of the Council on unbundled access to the local loop, is | 45 |
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(4) notified to the European Commission as having significant market power in | |
an identified market, and “LLU notification” shall be construed accordingly. | |
Savings for SMP licence conditions imposed under the 1984 Act | |
6 (1) This paragraph applies to a licence granted under section 7 of the 1984 Act | |
if OFCOM have given the holder of the licence a continuation notice. | 5 |
(2) A continuation notice is a notice that OFCOM consider that a condition of | |
the licence specified in the notice (a “licence condition”) is— | |
(a) a condition imposed by reason of the significant market power of the | |
holder of the licence in a market identified in the notice; or | |
(b) a condition corresponding to a condition that OFCOM have power | 10 |
to set under Chapter 1 of Part 2 of this Act as an SMP apparatus | |
condition. | |
(3) OFCOM are not to give a continuation notice by virtue of sub-paragraph | |
(2)(a) except in relation to a licence condition that relates to matters | |
mentioned in Article 17 of the Universal Service Directive or Article 7 of the | 15 |
Access Directive. | |
(4) A continuation notice with respect to a licence condition— | |
(a) in the case of a condition falling within sub-paragraph (2)(b) must | |
identify a market for electronic communications apparatus which | |
appears to OFCOM to be the market for the purpose of regulating | 20 |
which the condition has effect; and | |
(b) in that or any other case, may identify the market OFCOM consider | |
to be the market by reference to which SMP conditions replacing the | |
licence condition would have to be set. | |
(5) Notwithstanding any repeal or revocation made by this Act, | 25 |
(a) the licence under the 1984 Act, so far as it imposes a condition | |
specified in a continuation notice, and | |
(b) any direction, determination or consent given or made for the | |
purposes of that condition, | |
shall remain in force for so long as the continuation notice is in force. | 30 |
(6) A continuation notice shall cease to have effect if OFCOM give a notice to | |
that effect to the holder of the licence. | |
(7) It shall be the duty of OFCOM to give a notice under sub-paragraph (6) as | |
soon as reasonably practicable after— | |
(a) they have carried out an analysis of the relevant market; | 35 |
(b) they have determined whether or not to apply SMP conditions to the | |
person concerned by reference to that market; and | |
(c) the SMP conditions which they have determined to so apply have | |
come into force. | |
(8) In sub-paragraph (7) “the relevant market” means— | 40 |
(a) where the continuation notice relating to a licence condition | |
identifies the market OFCOM consider to be the market by reference | |
to which SMP conditions replacing the licence condition would have | |
to be set, that market; and | |
(b) in any other case, the market identified in the continuation notice as | 45 |
the market by reference to which the licence condition was set. | |
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(9) In this paragraph “Access Directive”, “electronic communications | |
apparatus”, “SMP condition”, “SMP apparatus condition” and “Universal | |
Service Directive” each has the same meaning as in Chapter 1 of Part 2 of this | |
Act. | |
Savings for licence conditions relating to accounting | 5 |
7 (1) This paragraph applies where a licence granted under section 7 of the 1984 | |
Act contains conditions which impose requirements with respect to— | |
(a) the keeping of accounts or financial information; or | |
(b) the provision of accounts and financial information to the Director. | |
(2) OFCOM may give a notice to the holder of the licence as respects so much of | 10 |
those conditions as relates to— | |
(a) the keeping of accounts for a period current at the time of the | |
abolition of licensing; and | |
(b) the provision of accounts and financial information in relation to any | |
such period or in relation to periods ending before the abolition of | 15 |
licensing. | |
(3) In the case of a licence granted otherwise than to a particular person, a notice | |
under this paragraph may be given to the licence holders by being published | |
in such manner as OFCOM consider appropriate for bringing it to their | |
attention. | 20 |
(4) Notwithstanding any repeal or revocation made by this Act— | |
(a) the licence under the 1984 Act is to continue in force to the extent that | |
it imposes requirements as respects which a notice has been given | |
under this paragraph; but | |
(b) those requirements, so far as they require the provision of accounts | 25 |
or information to the Director, are to have effect in relation to times | |
after the abolition of licensing, as requirements to provide the | |
accounts or information to OFCOM. | |
Charges under Telecommunications Act licences | |
8 (1) Where any amount is required by a licence under section 7 of the 1984 Act to | 30 |
be paid to the Director in respect of a period beginning before the abolition | |
of licensing, that liability is to have effect after the abolition of licensing as a | |
liability to pay to OFCOM so much of that amount as does not relate to times | |
after the abolition of licensing. | |
(2) For the purpose of determining how much of an amount payable to the | 35 |
Director relates to times after the abolition of licensing, an apportionment is | |
to be made according to how much of that period had expired before the | |
abolition of licensing. | |
Enforcement of breaches of licence conditions | |
9 (1) This paragraph applies to— | 40 |
(a) conditions in respect of which continuation notices have been given | |
under paragraph 6; | |
(b) conditions in respect of which notices under paragraph 7 have been | |
given; | |
(c) liabilities under paragraph 8; and | 45 |
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(d) conditions requiring compliance by a licence holder with directions | |
given by the Director under regulation 6 of the Telecommunications | |
(Interconnection) Regulations 1997 (S.I. 1997/2931). | |
(2) Notwithstanding any repeal or revocation made by this Act, after the | |
abolition of licensing, OFCOM are, for the purpose of enforcing the | 5 |
conditions to which this paragraph applies, to have all the enforcement | |
powers previously exercisable by the Director under the 1984 Act. | |
(3) Those powers are to be exercisable in accordance with this paragraph | |
irrespective of whether the contraventions occurred before or after the | |
abolition of licensing. | 10 |
(4) For the purpose of exercising those powers, references to the likelihood that | |
a person will again be in contravention of a condition include references to | |
whether he will be in contravention of any equivalent obligation imposed— | |
(a) by section 34; | |
(b) by conditions set under section 41 of this Act; or | 15 |
(c) by directions under section 185 of this Act. | |
(5) OFCOM are not to exercise any powers conferred by virtue of this | |
paragraph if they consider that the exercise of those powers would be | |
incompatible with the requirements of the Directives. | |
(6) In this paragraph “enforcement powers” includes— | 20 |
(a) the Director’s powers under sections 16 to 18 and 53 of the 1984 Act, | |
and | |
(b) in the case of a licence issued to a particular person, every power of | |
his under the licence to require information for the purpose of | |
computing the amount of the liability to a charge. | 25 |
(7) In this paragraph “the Directives” means the Authorisation Directive or any | |
of the following Directives (as defined in Chapter 1 of Part 2 of this Act)— | |
(a) the Access Directive; | |
(b) the Framework Directive; | |
(c) the Universal Service Directive. | 30 |
(8) In sub-paragraph (7) “the Authorisation Directive” means Directive 2002/ | |
20/EC of the European Parliament and of the Council on the authorisation | |
of electronic communications networks and services. | |
Saving for agreements having effect by reference to licensing regime | |
10 (1) This paragraph has effect where an agreement entered into for the purposes | 35 |
of a condition of a licence under section 7 of the 1984 Act has effect | |
immediately before the abolition of licensing subject to a provision which | |
entitles a party to it to terminate the agreement if he or another party ceases | |
to be a Schedule 2 public operator. | |
(2) The right of termination is not to be exercisable by reason of the effect of the | 40 |
coming into force of any provision of this Act if— | |
(a) a general condition, | |
(b) an access-related condition, or | |
(c) a provision made by or having effect as if made under an SMP | |
condition, | 45 |
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