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Schedule 16 | |
Section 379 | |
Further amendments in connection with newspaper mergers | |
Competition Act 1980 (c. 21) | |
1 In section 11C(1) of the Competition Act 1980 (application of section 117 of | |
the Enterprise Act 2002 (c. 40)) for the words ““the OFT,”” there shall be | 5 |
substituted ““the OFT, OFCOM,””. | |
Gas Act 1986 (c. 44) | |
2 In section 41EB(4) of the Gas Act 1986 (application of section 117 of the | |
Enterprise Act 2002) for the words ““the OFT,”” there shall be substituted | |
““the OFT, OFCOM,””. | 10 |
Electricity Act 1989 (c. 29) | |
3 In section 56CB(4) of the Electricity Act 1989 (application of section 117 of the | |
Enterprise Act 2002) for the words ““the OFT,”” there shall be substituted | |
““the OFT, OFCOM,””. | |
Railways Act 1993 (c. 43) | 15 |
4 (1) The Railways Act 1993 shall be amended as follows. | |
(2) In section 13B(4) of that Act (application of section 117 of the Enterprise Act | |
2002) for the words ““the OFT,”” there shall be substituted ““the OFT, | |
OFCOM,””. | |
(3) In section 15C(2G) of that Act (application of section 117 of the Enterprise | 20 |
Act 2002) for the words ““the OFT,”” there shall be substituted ““the OFT, | |
OFCOM,””. | |
(4) In Schedule 4A to that Act, in paragraphs 10A(4) and 15(2G) (application of | |
section 117 of the Enterprise Act 2002) for the words ““the OFT,”” there shall, | |
in both places, be substituted ““the OFT, OFCOM,””. | 25 |
Financial Services and Markets Act 2000 (c. 8) | |
5 In Schedule 14 to the Financial Services and Markets Act 2000, in paragraph | |
2A(4) (application of section 117 of the Enterprise Act 2002), for the words | |
““the OFT,”” there shall be substituted ““the OFT, OFCOM,””. | |
Postal Services Act 2000 (c. 26) | 30 |
6 (1) The Postal Services Act 2000 shall be amended as follows. | |
(2) In section 15B(4) (application of section 117 of the Enterprise Act 2002) for | |
the words ““the OFT,”” there shall be substituted ““the OFT, OFCOM,””. | |
(3) In section 19A(9) (application of section 117 of the Enterprise Act 2002) for | |
the words ““the OFT,”” there shall be substituted ““the OFT, OFCOM,””. | 35 |
Transport Act 2000 (c. 38) | |
7 (1) The Transport Act 2000 shall be amended as follows. | |
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(2) In section 12B(4) (application of section 117 of the Enterprise Act 2002 (c. 40)) | |
for the words ““the OFT,”” there shall be substituted ““the OFT, OFCOM,””. | |
(3) In section 18(9) (application of section 117 of the Enterprise Act 2002) for the | |
words ““the OFT,”” there shall be substituted ““the OFT, OFCOM,””. | |
Enterprise Act 2002 (c. 40) | 5 |
8 (1) Section 43 of the Enterprise Act 2002 (intervention notices under section 42) | |
shall be amended as follows. | |
(2) In subsection (4)(a) (final determination of matters to which intervention | |
notice relates)— | |
(a) after the word “OFT” there shall be inserted “or (if relevant) | 10 |
OFCOM”; and | |
(b) after the word “44” there shall be inserted “or (as the case may be) | |
44A”. | |
(3) After subsection (5) there shall be inserted— | |
“(6) In this Part “OFCOM” means the Office of Communications.” | 15 |
9 In section 45(1)(b) of that Act (circumstances in which the Secretary of State | |
may make a public interest reference to the Competition Commission) after | |
the words “section 44” there shall be inserted “, and any report of OFCOM | |
which is required by virtue of section 44A,”. | |
10 After section 50(2) of that Act (reports on references in public interest cases) | 20 |
there shall be inserted— | |
“(2A) Where the report relates to a reference under section 45 which has | |
been made after a report of OFCOM under section 44A, the | |
Commission shall give a copy of its report (whether or not | |
published) to OFCOM.” | 25 |
11 In section 57(2) of that Act (duty to bring representations to attention of | |
Secretary of State) after the words “the OFT”, in both places where they | |
occur, there shall be inserted “, OFCOM”. | |
12 In section 58(4)(b) of that Act (retrospective effect of orders modifying | |
specified considerations) after the word “OFT,” there shall be inserted | 30 |
“OFCOM,”. | |
13 In section 60(4)(a) of that Act (final determination of matters to which special | |
intervention notice relates)— | |
(a) after the word “OFT” there shall be inserted “or (if relevant) | |
OFCOM”; and | 35 |
(b) after the word “61” there shall be inserted “or (as the case may be) | |
61A”. | |
14 In section 62(1)(b) of that Act (circumstances in which the Secretary of State | |
may make a special public interest reference to the Competition | |
Commission) after the words “section 61” there shall be inserted “, and any | 40 |
report of OFCOM which is required by virtue of section 61A,”. | |
15 After section 65(2) of that Act (reports on references in special public interest | |
cases) there shall be inserted— | |
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“(2A) Where the report relates to a reference under section 62 which has | |
been made after a report of OFCOM under section 61A, the | |
Commission shall give a copy of its report (whether or not | |
published) to OFCOM.” | |
16 In section 67(1)(b) of that Act (intervention to protect legitimate interests)— | 5 |
(a) the words from “which” to “or 33” shall cease to have effect; | |
(b) for the words “that section” there shall be substituted “section 22 or | |
33”; and | |
(c) after the word “concerned” there shall be inserted “(whether or not | |
there would otherwise have been a duty to make such a reference)”. | 10 |
17 In section 68(2)(c) of that Act (scheme for protecting legitimate interests)— | |
(a) the words from “which”, where it occurs for the second time, to “or | |
33” shall cease to have effect; and | |
(b) for the words “that section” there shall be substituted “section 22 or | |
33 (whether or not there would otherwise have been a duty to make | 15 |
such a reference)”. | |
18 (1) Section 107 of that Act (further publicity requirements) shall be amended as | |
follows. | |
(2) In subsection (3) (duties of the Secretary of State to publish), after paragraph | |
(b), there shall be inserted— | 20 |
“(ba) any report of OFCOM under section 44A or 61A which has | |
been received by him;”. | |
(3) In subsection (9)(a) (publication of reports of OFT in public interest cases) | |
after the words “section 44” there shall be inserted “, and any report of | |
OFCOM under section 44A,”. | 25 |
(4) In subsection (10)(a) (publication of reports of OFT in special public interest | |
cases) after the words “section 61” there shall be inserted “, and any report | |
of OFCOM under section 61A,”. | |
19 In section 108 of that Act (defamation) after the words “the OFT,” there shall | |
be inserted “OFCOM,”. | 30 |
20 (1) Section 117 of that Act (false or misleading information) shall be amended as | |
follows. | |
(2) In subsection (1)(a) (offence of supplying false or misleading information to | |
the OFT etc.) after the word “OFT,” there shall be inserted “OFCOM,”. | |
(3) In subsection (2) (offence of supplying false or misleading information to | 35 |
another person for use by OFT etc.) after the word “OFT,” there shall be | |
inserted “OFCOM,”. | |
21 In section 118(1) of that Act (excisions from reports) before the word “or” at | |
the end of paragraph (a) there shall be inserted— | |
“(aa) a report of OFCOM under section 44A or 61A;”. | 40 |
22 In section 120(1) of that Act (review of decisions under Part 3) after the word | |
“OFT,” there shall be inserted “OFCOM,”. | |
23 (1) Section 121 of that Act (fees) shall be amended as follows. | |
(2) In subsection (1)— | |
(a) after the words “the OFT”, where they occur for the second time, | 45 |
there shall be inserted “, OFCOM”; and | |
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(b) the words “, Part V of the Fair Trading Act 1973 (c. 41)” shall cease to | |
have effect. | |
(3) In subsection (2)— | |
(a) at the end of paragraph (a) there shall be inserted the word “or”; and | |
(b) paragraph (b), and the word “or” at the end of the paragraph, shall | 5 |
cease to have effect. | |
(4) In subsection (4)(c)— | |
(a) sub-paragraph (i); | |
(b) the word “and” at the end of the sub-paragraph; and | |
(c) in sub-paragraph (ii), the words “in any other case,”; | 10 |
shall cease to have effect. | |
(5) In subsection (8)— | |
(a) after the words “the OFT”, where they occur for the second time, | |
there shall be inserted “, OFCOM”; and | |
(b) the words “, Part V of the Act of 1973” shall cease to have effect. | 15 |
(6) Subsection (10) shall cease to have effect. | |
24 (1) Section 124 of that Act shall be amended as follows. | |
(2) In subsection (3) after the word “34” there shall be inserted “, 59(6E)”. | |
(3) In subsection (4) after the word “40(8),” there shall be inserted “44(10),”. | |
(4) In subsection (6) after the word “34,” there shall be inserted “44(10), 59(6E),”. | 20 |
25 (1) Section 130 (index of defined expressions) of that Act shall be amended as | |
follows. | |
(2) After the entry for “modify” there shall be inserted— | |
| | “Newspaper | Section 44(9) | | | | | Newspaper public interest | Section 44(8)” | | 25 | | | consideration | | | |
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(3) After the entry for “notified arrangements” there shall be inserted— | |
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26 In section 180(2) of that Act (application of section 117 of that Act for the | |
purposes of Part 4 of that Act) after the word “alone” there shall be inserted | 30 |
“and as if the references to OFCOM were omitted”. | |
Schedule 17 | |
Section 395 | |
Minor and Consequential Amendments | |
Interpretation | |
1 (1) In any Act or instrument amended by this Schedule— | 35 |
“communications service” means any of the following services— | |
(a) an electronic communications service; | |
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(b) the provision of directory information by means of an | |
electronic communications network for the purpose of | |
facilitating the use of an electronic communications service | |
provided by means of that network; | |
(c) the installation, maintenance, adjustment, repair, alteration, | 5 |
moving, removal or replacement of apparatus which is or is | |
to be connected to an electronic communications network; | |
“electronic communications apparatus” has the same meaning as in | |
the electronic communications code; | |
“the electronic communications code” has the same meaning as in | 10 |
Chapter 1 of Part 2 of this Act; | |
“electronic communications code network” means— | |
(a) so much of an electronic communications network or | |
conduit system provided by an electronic communications | |
code operator as is not excluded from the application of the | 15 |
electronic communications code by a direction under | |
section 102; and | |
(b) an electronic communications network which the Secretary | |
of State or a Northern Ireland department is providing or | |
proposing to provide; | 20 |
“electronic communications code operator” means a person in whose | |
case the electronic communications code is applied by a direction | |
under section 102; | |
“electronic communications network” and “electronic | |
communications service” each has the same meaning as in this Act; | 25 |
“former PTO” means a person— | |
(a) who is a provider of a public electronic communications | |
network or a public electronic communications service | |
which, immediately before the date on which the repeal by | |
this Act of section 7 of the Telecommunications Act 1984 | 30 |
(c. 12) comes into force, was designated as a public | |
telecommunication system under section 9 of that Act; and | |
(b) who, immediately before that date, was authorised to | |
provide that network or service by a licence to which section | |
8 of that Act applied; | 35 |
“operator”, in relation to an electronic communications code network, | |
means— | |
(a) the electronic communications code operator providing that | |
network; or | |
(b) the Secretary of State or a Northern Ireland department, to | 40 |
the extent that they are providing or proposing to provide | |
that network; | |
“provide” and cognate expressions, in relation to an electronic | |
communications network, an electronic communications service or | |
associated facilities, are to be construed in accordance with section | 45 |
28(4) of this Act; | |
“public electronic communications network” and “public electronic | |
communications service” each has the same meaning as in Chapter 1 | |
of Part 2 of this Act. | |
(2) In this paragraph— | 50 |
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(a) “conduit system” has the same meaning as in the electronic | |
communications code and references to providing a conduit system | |
shall be construed in accordance with paragraph 1(3A) of that code; | |
(b) “electronic communications code”, “electronic communications code | |
network”, “electronic communications code operator”, “public | 5 |
electronic communications network” and “public electronic | |
communications service” each has the meaning given in sub- | |
paragraph (1). | |
Official Secrets Act 1911 | |
2 For the purposes of the Official Secrets Act 1911 (c. 28), any electronic | 10 |
communications station or office belonging to, or occupied by, the provider | |
of a public electronic communications service shall be a prohibited place. | |
Law of Property Act 1925 | |
3 In section 194(4) of the Law of Property Act 1925 (c. 20) (exceptions from | |
restrictions on inclosure of commons), for the words from | 15 |
“telecommunication apparatus” onwards there shall be substituted | |
“electronic communications apparatus installed for the purposes of an | |
electronic communications code network.” | |
Public Health Act 1925 | |
4 In section 10 of the Public Health Act 1925 (c. 71) (Crown application), for the | 20 |
words from “telecommunication apparatus” to “system” there shall be | |
substituted “electronic communications apparatus kept installed for the | |
purposes of an electronic communications code network”. | |
London Overground Wires, etc Act 1933 | |
5 (1) The London Overground Wires, etc. Act 1933 (c. xliv) shall be amended as | 25 |
follows. | |
(2) In section 11 (saving for safety regulations), for “any telecommunication | |
apparatus made” there shall be substituted “any electronic communications | |
apparatus made”. | |
(3) In section 14 (savings in respect of telecommunications code system)— | 30 |
(a) for “telecommunication apparatus kept installed for the purposes of | |
a telecommunications code system” there shall be substituted | |
“electronic communications apparatus kept installed for the | |
purposes of an electronic communications code network”; | |
(b) for the words from “conferred by” onwards there shall be substituted | 35 |
“conferred by or in accordance with the electronic communications | |
code on the operator of any such network.” | |
Wireless Telegraphy Act 1949 | |
6 (1) Section 1 of the Wireless Telegraphy Act 1949 (c. 54) (licensing wireless | |
telegraphy) shall be amended as follows. | 40 |
(2) In subsection (1)— | |
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(a) for paragraphs (a) and (b) there shall be substituted “by OFCOM;”; | |
and | |
(b) in the proviso, for the words from “Provided” to “by regulations” | |
there shall be substituted “Provided that OFCOM may by | |
regulations”. | 5 |
(3) After subsection (1) there shall be inserted— | |
“(1AA) Subsection (1) shall not apply to the use of a television receiver | |
(within the meaning of Part 4 of the Communications Act 2003) for | |
receiving a television programme or to the installation of a television | |
receiver for use solely for that purpose.” | 10 |
(4) In subsection (2), for paragraphs (a) and (b) there shall be substituted “as | |
OFCOM think fit,”. | |
(5) In subsection (3), for the words from “revoked by” to “BBC” there shall be | |
substituted “revoked by OFCOM”. | |
(6) In subsection (4), for the words from “notice in writing of” to “served”, in the | 15 |
first place where it occurs, there shall be substituted “notice in writing from | |
OFCOM served by them”. | |
(7) In subsection (5), for the words from “surrendered” to “so to do” there shall | |
be substituted “surrendered to OFCOM if required by them to do so”. | |
7 In section 1C of that Act (prohibition on Acts facilitating unauthorised | 20 |
broadcasting), for subsection (4) there shall be substituted— | |
“(4) The cases in which a person is to be taken for the purposes of this | |
section as advertising by means of a broadcast include any case in | |
which he causes or allows it to be stated, suggested or implied that | |
entertainment included in the broadcast— | 25 |
(a) has been supplied by him; or | |
(b) is provided wholly or partly at his expense.” | |
8 (1) Section 1D of that Act (procedure for grant of licences for providing a | |
telecommunications service) shall be amended as follows. | |
(2) For the words “the Secretary of State”, “himself” and “he”, wherever | 30 |
occurring, there shall be substituted, respectively, “OFCOM”, “themselves” | |
and “they”. | |
(3) Subsections (1) and (2) (which confine sections 1D to 1F to licences for the | |
purposes of a telecommunications service) shall cease to have effect. | |
(4) For subsection (3) there shall be substituted— | 35 |
“(3) An application for a grant of a wireless telegraphy licence shall be | |
determined in accordance with procedures prescribed in regulations | |
made by OFCOM.” | |
(5) In subsection (4), for “specified under subsection (3) shall include” there | |
shall be substituted “must include provision for”. | 40 |
(6) After subsection (4) there shall be inserted— | |
“(4A) The time limits fixed for the purposes of subsection (4) in relation to | |
any application made after the coming into force of this subsection | |
must require a decision on the application to be made, notified to the | |
applicant and published— | 45 |
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