Communications Bill

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Communications Bill

Communications Bill
Schedule 18 — Transitional Provisions
    525

  51       to which no application has been made for the consent of the Secretary of
State under section 58 of the Act of 1973 before the coming into force of that
section.
  52      (1)      The Secretary of State may, instead of any or all of the conditions attached to
a consent given by him (or treated as so given) under section 58 of the Fair
5
Trading Act 1973 (c. 41)), accept undertakings under this paragraph to take,
or refrain from taking, action specified or described in the undertakings.
          (2)      If, and so far as, the Secretary of State accepts an undertaking under this
paragraph instead of a condition, that condition shall cease to have effect.
          (3)      In deciding whether to accept an undertaking under this paragraph, the
10
Secretary of State may, in particular, consult the Office of Fair Trading and
OFCOM.
          (4)      An undertaking under this paragraph—
              (a)             shall come into force when accepted;
              (b)             may be varied or superseded by another undertaking; and
15
              (c)             may be released by the Secretary of State.
          (5)      The Secretary of State shall, as soon as reasonably practicable, consider any
representations received by him in relation to varying or releasing an
undertaking under this paragraph.
          (6)      Paragraph 10 of Schedule 7 to the Enterprise Act 2002 (c. 40) (order-making
20
power where final undertakings not fulfilled) shall apply in relation to an
undertaking under this paragraph as it applies in relation to an undertaking
under paragraph 9 of that Schedule to that Act but as if—
              (a)             in sub-paragraph (2) the words from “for any” to “66(6)” were
omitted; and
25
              (b)             sub-paragraph (3) were omitted.
          (7)      The following provisions of the Enterprise Act 2002 shall apply in relation to
an undertaking under this paragraph or an order made by virtue of sub-
paragraph (6) as they apply in relation to an undertaking under paragraph
9 of Schedule 7 to that Act or (as the case may be) an order under paragraph
30
10 of that Schedule to that Act—
              (a)             section 90 and Schedule 10 (procedural requirements for certain
undertakings and orders);
              (b)             section 91 (register of undertakings and orders);
              (c)             section 92 (duty of OFT to monitor undertakings and orders);
35
              (d)             section 93 (further role of OFT in relation to undertakings and
orders); and
              (e)             section 94 (rights to enforce undertakings and orders).
          (8)      Section 387 of this Act shall not apply in relation to the power of the
Secretary of State to make an order which is exercisable by virtue of sub-
40
paragraph (6) but supplementary provisions of Part 3 of the Enterprise Act
2002 which relate to the making of an order under paragraph 10 of Schedule
7 to that Act shall apply in relation to the making of an order by virtue of
sub-paragraph (6).
Orders in Council under section 6 of the Continental Shelf Act 1964
45
  53       If an Order in Council made, or having effect as if made in exercise of a
power conferred by virtue of section 6 of the Continental Shelf Act 1964

Communications Bill
Schedule 19 — Repeals
    526

  53       (c. 29) is in force immediately before the commencement of section 394 of
this Act in relation to provisions of—
              (a)             the Wireless Telegraphy Act 1949 (c. 54), or
              (b)             the Wireless Telegraphy Act 1998 (c. 6),
           that Order is to have effect after the commencement of section 394 of this Act
5
as an Order in Council made in exercise of the powers conferred by that
section of this Act.
Interpretation of Schedule
  54       In this Schedule—
                    “the 1984 Act” means the Telecommunications Act 1984 (c. 12);
10
                    “the abolition of licensing” means the coming into force of the repeal by
this Act of section 7 of the 1984 Act;
                    “the Director” means the Director General of Telecommunications;
                    “the ITC” means the Independent Television Commission.
Schedule 19
15
Section 391

Repeals
(1) Enactments

Short title and chapter
Extent of repeal

Telegraph Act 1899 (c. 38)
The whole Act.

Wireless Telegraphy Act 1949
In section 1—

20

     (a)    subsection (1A);

     (b)    in subsection (4), the words “other than a

television licence” and the words from “; and

a television licence” onwards;

     (c)    subsections (6) and (7).

25

Section 1D(1), (2), (7) and (8).

Section 1F.

Section 2.

In section 3(1), the words after paragraph (d)

from “and different” to “classes of case:”.

30

Section 9.

In section 10(2), the words after paragraph (b).

In section 11(1)—

     (a)    paragraph (i) of the proviso;

     (b)    in paragraph (ii) of the proviso the

35

words “, and paragraph (i) of this proviso

shall not apply”.

Section 14(1A)(e), (2) and (3)(b).

Section 19(2A) and (9).

Schedule 2.

40

Army Act 1955 (3 & 4 Eliz. 2
In section 44B(5), the definition of

c. 18)
“telecommunication system” and the word

“and” immediately preceding it.

Communications Bill
Schedule 19 — Repeals
    527

Short title and chapter
Extent of repeal

Air Force Act 1955 (3 & 4 Eliz. 2
In section 44B(5), the definition of

c. 19)
“telecommunication system” and the word

“and” immediately preceding it.

Naval Discipline Act 1957
In section 29B(5), the definition of

5

(c. 53)
“telecommunication system” and the word

“and” immediately preceding it.

Opencast Coal Act 1958 (c. 69)
In section 45(3), the word “a” before

“telecommunication apparatus”.

Continental Shelf Act 1964
Section 6.

10

(c. 29)

Parliamentary Commissioner
In Schedule 2, the entries relating to the

Act 1967 (c. 13)
Broadcasting Standards Commission and the

Office of the Director General of

Telecommunications.

15

Marine, &c., Broadcasting
Section 6(2) and (7).

(Offences) Act 1967 (c. 41)

Wireless Telegraphy Act 1967
Section 4.

(c. 72)
In section 7(5), paragraph (b) and the word “or”

immediately preceding it.

20

Fair Trading Act 1973 (c. 41)
Sections 57 to 62.

In section 93B—

     (a)    in subsection (1)(b), the words “the

Telecommunications Act 1984 or”;

     (b)    in subsection (5), the words “section 13B

25

of the Telecommunications Act 1984 or”.

House of Commons
In Part 2 of Schedule 1, the entries relating to—

Disqualification Act 1975
     (a)    the Broadcasting Standards

(c. 24)
Commission;

     (b)    Comataidh Craolaidh Gaidhlig;

30

     (c)    the Independent Television

Commission;

     (d)    the Radio Authority.

In Part 3 of Schedule 1, the entries relating to—

     (a)    the Director General of

35

Telecommunications;

     (b)    a Director of the successor company

within the meaning of Part 5 of the

Telecommunications Act 1984.

Northern Ireland Assembly
In Part 2 of Schedule 1, the entries relating to—

40

Disqualification Act 1975
     (a)    the Broadcasting Standards

(c. 25)
Commission;

     (b)    the Independent Television

Commission;

     (c)    the Radio Authority.

45

Communications Bill
Schedule 19 — Repeals
    528

Short title and chapter
Extent of repeal

Northern Ireland Assembly
In Part 3 of Schedule 1, the entries relating to—

Disqualification Act 1975
     (a)    the Director General of

(c. 25)—cont.
Telecommunications;

     (b)    a Director of the successor company

5

within the meaning of Part 5 of the

Telecommunications Act 1984.

Welsh Development Agency
In section 19(11), the definition of “appropriate

Act 1975 (c. 70)
authority”.

British Telecommunications Act
In section 88—

10

1981 (c. 38)
     (a)    in subsection (1), the words from “, and

the special” to “Schedule 5,”;

     (b)    in subsection (2), the words “and 5”.

In Schedule 4, paragraphs 2 to 18, 21 and 22.

In Schedule 5, paragraphs 1 and 3 to 22.

15

Acquisition of Land Act 1981
In section 28, paragraph (f).

(c. 67)

Telecommunications Act 1984
Sections 1 to 30.

(c. 12)
Sections 34 to 49.

In section 50, subsections (2) to (6A).

20

Sections 51 to 55.

Section 60.

Section 61(1) to (6).

Section 62.

Section 63(1) to (4).

25

Sections 64 to 67.

Sections 69 to 71.

In section 72—

     (a)     in subsection (1), the words from the

beginning to “this Act,” and the words “and

30

development land tax”;

     (b)    subsections (2), (4) and (5).

Section 73.

Sections 80 and 81.

Section 88.

35

Section 90.

Section 92(4).

Section 93.

Sections 95 to 97.

In section 98(9), the words “and

40

‘telecommunication apparatus’”.

In section 101—

     (a)    in subsection (2)(a), the words “or

transferred”;

     (b)    subsection (4).

45

Section 102.

In section 104—

     (a)    in subsection (1), the words “2, 27L 60(1)

or (3), 69(2) or” and “, or paragraph 1 of

Schedule 5,”;

50

     (b)    subsection (3).

Communications Bill
Schedule 19 — Repeals
    529

Short title and chapter
Extent of repeal

Telecommunications Act 1984
In section 106(1), the definitions of—

(c. 12)—cont.
     (a)     “commercial activities connected with

telecommunications”;

     (b)    “consumer”, “monopoly situation”,

5

“practice” and “supply”;

     (c)    “the Director”;

     (d)    “directory information service”;

     (e)    “disabled person” and “disabled”;

     (f)    “public telecommunications operator”;

10

     (g)    “public telecommunications system”;

     (h)    “telecommunication apparatus”;

     (i)    “telecommunication service”;

     (j)    “telecommunications operator”;

     (k)    “telecommunication system”;

15

     (l)     “transitional period”.

Section 107(1), (2) and (4).

In section 109—

     (a)    subsections (2) and (3);

     (b)    in subsection (4), the words “and the

20

special transitional provisions with respect to

patents for inventions and registered designs

contained in Schedule 6 to this Act”;

     (c)    subsections (5) to (7).

Schedule 1.

25

In Schedule 2—

     (a)    in paragraph 1(1), the words from

“‘telecommunications apparatus’ includes

any apparatus” onwards;

     (b)    in paragraph 10(2)(b), the words

30

“(within the meaning of section 6 of this

Act)”.

In Schedule 4, paragraphs 2, 3, 12, 16, 28(2), 40,

55(1) and (7), 65, 80(1), 86(1), 89(5) and 90.

In Schedule 5—

35

     (a)    paragraphs 1 to 7;

     (b)    paragraph 8(2) and (4);

     (c)    paragraphs 9 to 14;

     (d)    paragraphs 16 to 29;

     (e)    paragraphs 31 to 33;

40

     (f)    paragraph 35;

     (g)    paragraphs 38 to 42;

     (h)    paragraph 47;

     (i)    in paragraph 48, in sub-paragraph (1),

the words “Part 1 of the Industry Act 1972

45

and” and in sub-paragraph (2), the words

“Part 1 of the Industry Act 1972 or”;

     (j)    paragraphs 49 to 51.

Schedule 6.

Communications Bill
Schedule 19 — Repeals
    530

Short title and chapter
Extent of repeal

Companies Consolidation
In Schedule 2, the entries relating to sections

(Consequential Provisions)
60(3), 61(4), 66, 70 and 73(1) of and Schedule 5

Act 1985 (c. 9)
to the Telecommunications Act 1984.

Surrogacy Arrangements Act
Section 3(6).

5

1985 (c. 49)

Interception of
Schedule 2.

Communications Act 1985

(c. 56)

Housing Act 1985 (c. 68)
Section 298(1).

10

Airports Act 1986 (c. 31)
Section 62(8).

Insolvency Act 1986 (c. 45)
In Schedule 2A, paragraph 10(1)(a).

Consumer Protection Act 1987
In Schedule 4, in paragraph 9(1), the words

(c. 43)
“28(6) and”.

Channel Tunnel Act 1987 (c. 53)
In Part 10 of Schedule 7, paragraph 1(2).

15

Income and Corporation Taxes
In Schedule 29, in the Table in paragraph 32, the

Act 1988 (c. 1)
entries relating to sections 62(7) and 72(4) of

the Telecommunications Act 1984.

Legal Aid Act 1988 (c. 34)
In Schedule 5, paragraph 11.

Copyright, Designs and Patents
In Schedule 7, paragraph 27.

20

Act 1988 (c. 48)

Housing Act 1988 (c. 50)
In Part 2 of Schedule 10, paragraph 19.

Electricity Act 1989 (c. 29)
In Schedule 4, in paragraph 12, the definitions of

“public telecommunications operator” and of

“telecommunication apparatus”,

25

“telecommunication system” and “the

telecommunications code”.

Companies Act 1989 (c. 40)
In Schedule 18, paragraph 28.

In Schedule 20, paragraph 2.

Planning (Consequential
In Schedule 2, paragraph 63.

30

Provisions) Act 1990 (c. 11)

Courts and Legal Services Act
In Schedule 10, paragraph 8.

1990 (c. 41)

Broadcasting Act 1990 (c. 42)
Sections 1 and 2.

In section 5—

35

     (a)    subsection (6A)(a);

     (b)    subsection (6B).

Sections 6 to 12.

In section 15(3), paragraphs (c) to (e).

In section 16—

40

     (a)    subsections (2) and (3);

     (b)    in subsection (4), the words from “; and

in applying” onwards;

     (c)    subsections (5) to (8).

Section 20.

45

Section 21A.

In section 24, subsections (4) to (6).

Communications Bill
Schedule 19 — Repeals
    531

Short title and chapter
Extent of repeal

Broadcasting Act 1990 (c. 42)—
Sections 25 to 27.

cont.
In section 29—

     (a)    in subsection (2), paragraph (b) and the

word “and” immediately preceding it;

5

     (b)    subsection (3).

Sections 30 to 31A.

Sections 33 to 36.

Sections 38 and 39.

In section 42A, paragraph (b) and the word

10

“and” immediately preceding it.

Chapters 3 and 4 of Part 1.

Section 48(5).

In section 50—

     (a)    in subsection (1)(b)(ii), the words

15

“(subject to the approval of the Secretary of

State)”;

     (b)    subsection (7).

Section 51(2) and (7).

Section 54(2).

20

In section 56(1)(b), the words “, and have the

functions conferred by,”.

Section 57.

Section 59.

Section 60(1) to (3) and (6).

25

In section 61A—

     (a)    subsection (1);

     (b)    in subsection (2) the words “on or after

the notified date”;

     (c)    subsections (5) and (6).

30

Section 62.

Section 65.

In section 66A(2), paragraphs (c) and (d).

Sections 68 to 70.

In section 71(1)—

35

     (a)    in the definition of “Channel 3”, the

words “by the Commission”;

     (b)    the definitions of “the Commission”,

“licensable programme service” and “satellite

television service”.

40

Part 2.

Sections 83 and 84.

In section 85, subsections (3) and (4).

In section 87(2)(b), sub-paragraph (ii) and the

word “or” immediately preceding it.

45

In section 88—

     (a)    subsection (6A)(a); and

     (b)    subsection (6B).

Section 89(2).

Sections 90 to 96.

50

In section 98(3)(a), the word “both” and sub-

paragraph (ii) and the word “and”

immediately preceding it.



© Parliamentary copyright 2002	Revised 20 November 2002