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Communications Bill


Communications Bill
Schedule 17 — Minor and Consequential Amendments

    480

 

                    (a)                   in the case of an application for a licence relating to a

frequency allocated in accordance with the United Kingdom

Plan for Frequency Authorisation, not more than six weeks

after the day of the receipt of the application; and

                    (b)                   in any other case, as soon as possible after the receipt of the

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application.

              (4B)                The period of six weeks specified in subsection (4A)(a) may be

extended by OFCOM where it appears to them necessary to do so—

                    (a)                   for the purpose of enabling the requirements of any

international agreement relating to frequencies or to orbital

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positions or to satellite co-ordination to be complied with; or

                    (b)                   in a case where a determination falls to be made as to which

of a number of applicants is the more or most suitable to be

licensed, for the purpose of securing that the procedure for

the making of that determination is fair, reasonable, open and

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transparent.

              (4C)                That period shall not be extended by virtue of subsection (4B)(b) by

more than eight months.”

          (7)      In subsection (5) for “requires” there shall be substituted “require”.

          (8)      In subsection (6)—

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              (a)             for “proposes” there shall be substituted “propose”;

              (b)             for “28 days” there shall be substituted “one month”.

          (9)      Subsections (7) and (8) shall cease to have effect.

          (10)     For subsection (9) there shall be substituted—

              “(9)                In imposing terms, provisions or limitations of a wireless telegraphy

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licence, OFCOM shall impose only those that they are satisfied are—

                    (a)                   objectively justifiable in relation to the networks and services

to which they relate;

                    (b)                   not such as to discriminate unduly against particular persons

or against a particular description of persons;

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                    (c)                   proportionate to what they are intended to achieve; and

                    (d)                   in relation to what they are intended to achieve, transparent.”

  9       (1)      Section 3 of that Act (regulations as to wireless telegraphy) shall be amended

as follows.

          (2)      In subsection (1), for the words before paragraph (a) there shall be

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substituted “OFCOM may make regulations—”.

          (3)      After subsection (2) there shall be inserted—

              “(2A)                The approval of the Secretary of State is required for the making by

OFCOM of any regulations under this section.

              (2B)                A statutory instrument containing regulations made by OFCOM

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under this section shall be subject to annulment in pursuance of a

resolution of either House of Parliament.”

  10       No appeal shall be brought to the tribunal established under section 9 of that

Act (appeals tribunal in relation to decisions about interference) in respect of

any decision made after the coming into force of section 187 of this Act.

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Communications Bill
Schedule 17 — Minor and Consequential Amendments

    481

 

  11      (1)      Section 10 of that Act (regulations as to radiation of electro-magnetic energy

etc.) shall be amended as follows.

          (2)      In subsection (1), for the words before paragraph (a) there shall be

substituted “OFCOM may make regulations for either or both of the

following purposes—”.

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          (3)      In subsection (2), for the words from the beginning to “fit” there shall be

substituted “The requirements prescribed under subsection (1) shall be such

as OFCOM think fit”.

          (4)      After subsection (4) there shall be inserted—

              “(4A)                The approval of the Secretary of State is required for the making by

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OFCOM of any regulations under this section.

              (4B)                A statutory instrument containing regulations made by OFCOM

under this section shall be subject to annulment in pursuance of a

resolution of either House of Parliament.”

  12      (1)      Section 11 of that Act (enforcement of regulations as to apparatus) shall be

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amended as follows.

          (2)      In subsection (1)—

              (a)             for the words before paragraph (a) there shall be substituted “If

OFCOM are of the opinion—”;

              (b)             for “he considers” there shall be substituted “they consider”;

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              (c)             for “he may” there shall be substituted “OFCOM may”;

              (d)             for the words from “or, if” to “fit” there shall be substituted “or, if

OFCOM think fit”; and

              (e)             in paragraph (ii) of the proviso, for the words from the beginning to

“satisfied” there shall be substituted “if OFCOM are satisfied”.

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          (3)      In subsection (2), for the words from “notice in writing by” to “served”, in

the first place where it occurs, there shall be substituted “notice in writing

from OFCOM served by them”.

          (4)      In subsection (7), for the words from “notice” to “section” there shall be

substituted “notice from OFCOM under this section”.

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  13      (1)      Section 12 of that Act (enforcement of regulations as to sales etc.) shall be

amended as follows.

          (2)      In subsection (1)—

              (a)             for the words from the beginning to “opinion” there shall be

substituted “If OFCOM are of the opinion”; and

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              (b)             for “he” there shall be substituted “OFCOM”.

          (3)      In subsection (5), for the words from “by” onwards there shall be substituted

“by OFCOM, be guilty of an offence.”

  14      (1)      Section 14 of that Act (penalties and legal proceedings) shall be amended as

follows.

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          (2)      In subsection (1), for paragraph (a) substitute—

                    “(a)                      any offence under section 5(1)(a) of this Act; or”.

          (3)      In subsection (1A)—

              (a)             in paragraph (c), for “of the Secretary of State” there shall be

substituted “from OFCOM”; and

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              (b)             paragraph (e) shall cease to have effect.

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

    482

 

          (4)      In subsection (3)—

              (a)             paragraph (b) shall cease to have effect; and

              (b)             for “the Secretary of State” there shall be substituted “OFCOM”.

          (5)      In subsections (3A), (3B), (3D) and (3E), for “the Secretary of State” there

shall be substituted “OFCOM”.

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          (6)      In subsection (3B), for “he thinks” there shall be substituted “they think”.

          (7)      In subsection (3D), for “him” there shall be substituted “them”.

          (8)      In subsection (7) (enforcement by civil proceedings)—

              (a)             after the words “the Crown”, in the first place where they occur

places, there shall be inserted “or by OFCOM,”; and

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              (b)             for the words from “In the application” onwards there shall be

substituted—

                                          “In the application of this section to Scotland for the words

from ‘civil proceedings’ to ‘appropriate relief’ there shall be

substituted ‘civil proceedings by the Advocate General for

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Scotland, or by OFCOM, for an interdict or for any other

appropriate remedy or relief.’”

  15      (1)      Section 15 of that Act (powers of entry) shall be amended as follows.

          (2)      In subsection (1), for paragraphs (a) and (b) and the words “, with or without

any constables,” there shall be substituted “any constable or any person or

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persons authorised for the purpose by OFCOM or the Secretary of State”.

          (3)      After that subsection there shall be inserted—

              “(1A)                Where a person authorised by OFCOM or the Secretary of State is

authorised by a warrant under subsection (1) to enter any premises,

he is to be entitled to exercise that warrant alone or to exercise it

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accompanied by one or more constables.”

          (4)      In subsection (2)—

              (a)             in paragraph (b), for the words from “enable” to “decide” there shall

be substituted “enable OFCOM to decide”;

              (b)             in paragraph (c), for the words from “behalf” to “producing” there

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shall be substituted “behalf by OFCOM and producing”;

              (c)             in the words after paragraph (c), for the words from “behalf” to

“with” there shall be substituted “behalf by OFCOM, with”; and

              (d)             in paragraph (i) of the proviso, for the words from “that”, in the first

place where it occurs, to “satisfied” there shall be substituted “that

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OFCOM are satisfied”.

          (5)      In subsection (2A) for “the BBC” there shall be substituted “OFCOM”.

  16      (1)      Section 16 of that Act (regulations and orders) shall be amended as follows.

          (2)      After subsection (1) there shall be inserted—

              “(1A)                Section 392 of the Communications Act 2003 (procedure for

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regulations and orders made by OFCOM) applies to every power of

OFCOM to make regulations under a provision of this Act.”

          (3)      In subsection (2), for the words from the beginning to “him” there shall be

substituted “Any power conferred on the Secretary of State”.

  17       In section 19 of that Act (interpretation), after subsection (2) there shall be

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inserted—

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

    483

 

              “(2AA)                In this Act ‘OFCOM’ means the Office of Communications.”

  18       In Schedule 1 to that Act (procedures in relation to wireless personnel), for

paragraph 3 there shall be substituted—

          “3                  The Secretary of State is to pay—

                      (a)                     the expenses incurred by an advisory committee under

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this Schedule, to the extent determined by him; and

                      (b)                     such sums as he may determine in respect of the expenses

of the members of the committee.”

Coast Protection Act 1949

  19       In section 47 of the Coast Protection Act 1949 (c. 74) (savings), in paragraph

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(b), for the words from “the telecommunications code” to “system” there

shall be substituted “the electronic communications code on the operator of

an electronic communications code network”.

National Parks and Access to the Countryside Act 1949

  20      (1)      The National Parks and Access to the Countryside Act 1949 (c. 97) shall be

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amended as follows.

          (2)      In section 20(2) (byelaws for protection of nature reserves not to interfere

with certain rights)—

              (a)             for “the running of a telecommunications code system” there shall be

substituted “the provision of an electronic communications code

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network”;

              (b)             for “the telecommunications code” there shall be substituted “the

electronic communications code”;

              (c)             for “such system” there shall be substituted “such network”.

          (3)      In section 60(5)(f) (exceptions from rights of public where access agreement

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etc. in force), for “or a telecommunications code system” there shall be

substituted “or an electronic communications code network”.

London County Council (General Powers) Act 1949

  21       In section 7(6) of the London County Council (General Powers) Act 1949

(c. lv) (interference by works etc. for provision of heat), for

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“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”.

Local Government (Miscellaneous Provisions) Act 1953

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  22      (1)      Section 6 of the Local Government (Miscellaneous Provisions) Act 1953

(c. 26) (supplementary provisions as to omnibus shelters etc.) shall be

amended as follows.

          (2)      For “telecommunication apparatus”, wherever occurring, there shall be

substituted “electronic communications apparatus”.

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          (3)      In subsection (1)—

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

    484

 

              (a)             for “a telecommunications code system” there shall be substituted

“an electronic communications code network”; and

              (b)             for “that system” there shall be substituted “that network”.

          (4)      In subsection (2), for “system” there shall be substituted “network”.

Army Act 1955

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  23       In section 44B(1)(b) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) (interference

etc. with equipment, messages or signals), for “a telecommunication system”

there shall be substituted “an electronic communications network”.

Air Force Act 1955

  24       In section 44B(1)(b) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (interference

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etc. with equipment, messages or signals), for “a telecommunication system”

there shall be substituted “an electronic communications network”.

Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955

  25       In section 17(2) of the Lough Neagh and Lower Bann Drainage and

Navigation Act (Northern Ireland) 1955 (c. 15 (N.I.)) (application of

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paragraph 23 of telecommunications code)—

              (a)             for “the telecommunications code” there shall be substituted “the

electronic communications code”;

              (b)             for “telecommunication apparatus” there shall be substituted

“electronic communications apparatus”.

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Naval Discipline Act 1957

  26       In section 29B(1)(b) of the Naval Discipline Act 1957 (c. 53) (interference etc.

with equipment, messages or signals), for “a telecommunication system”

there shall be substituted “an electronic communications network”.

Opencast Coal Act 1958

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  27      (1)      In section 45 of the Opencast Coal Act 1958 (c. 69) (saving for apparatus

installed for the purposes of telecommunications code system)—

              (a)             for “telecommunication apparatus”, wherever occurring, there shall

be substituted “electronic communications apparatus”;

              (b)             for “a telecommunications code system”, wherever occurring, there

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shall be substituted “an electronic communications code network”;

              (c)             for “the telecommunications code”, wherever occurring, there shall

be substituted “the electronic communications code”;

              (d)             for “that system” there shall be substituted “that network”.

Pipe-lines Act 1962

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  28       In section 40 of the Pipe-lines Act 1962 (c. 58) (avoidance of interference with

telecommunications code systems)—

              (a)             for “telecommunication apparatus”, in both places, there shall be

substituted “electronic communications apparatus”;

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

    485

 

              (b)             for “a telecommunications code system” there shall be substituted

“an electronic communications code network”;

              (c)             for “such system” there shall be substituted “such network”;

              (d)             for “the telecommunications code” there shall be substituted “the

electronic communications code”.

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London County Council (General Powers) Act 1963

  29       In section 17(4)(a) of the London County Council (General Powers) Act 1963

(c. xvii) (interference from provision of illuminations, floodlighting, etc.), for

“telecommunication apparatus kept installed for the purposes of a

telecommunications code system” there shall be substituted “electronic

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communications apparatus kept installed for the purposes of an electronic

communications code network”.

Harbours Act 1964

  30       In section 53 of the Harbours Act 1964 (c. 40) (application of

telecommunications code for certain works)—

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              (a)             for “telecommunications code” there shall be substituted “electronic

communications code”;

              (b)             for “telecommunication apparatus” there shall be substituted

“electronic communications apparatus”.

New Towns Act (Northern Ireland) 1965

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  31      (1)      Section 25 of the New Towns Act (Northern Ireland) 1965 (c. 13 (N.I.)) shall

be amended as follows.

          (2)      In subsections (9A), (9C) and (9D)—

              (a)             for “telecommunication apparatus”, wherever occurring, there shall

be substituted “electronic communications apparatus”;

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              (b)             for “a telecommunications code system” there shall be substituted

“an electronic communications code network”;

              (c)             for “that system” there shall be substituted “that network”;

              (d)             for “the telecommunications code”, wherever occurring, there shall

be substituted “the electronic communications code”.

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          (3)      In subsection (9B) for “any telecommunications code system” there shall be

substituted “any electronic communications code network”.

Marine &c., Broadcasting (Offences) Act 1967

  32       In each of sections 4 and 5 of the Marine, &c., Broadcasting (Offences) Act

1967 (c. 41) (prohibition of acts facilitating or otherwise relating to

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broadcasts from ships etc.), the following subsection shall be inserted after

subsection (3)—

              “(3A)                Section 46 of the Consumer Protection Act 1987 (meaning of supply)

shall have effect for construing references in this section to the

supply of any thing as it has effect for the purpose of construing

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references in that Act to the supply of goods.”

  33      (1)      Section 5 of that Act shall be further amended as follows.

 

 

Communications Bill
Schedule 17 — Minor and Consequential Amendments

    486

 

          (2)      In subsection (3) (offences of doing things with intent that an unlawful

broadcast may be made)—

              (a)             in paragraph (a), for “with intent that a broadcast of it may” there

shall be substituted “knowing, or having reasonable cause to believe,

that a broadcast of it is to”;

5

              (b)             in paragraph (b), for “with intent that a broadcast of the work may”

there shall be substituted “knowing, or having reasonable cause to

believe, that a broadcast of the work is to”;

              (c)             in paragraph (c), for “with intent that the work may” there shall be

substituted “knowing, or having reasonable cause to believe, that the

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work is to”.

          (3)      For subsection (4) (presumption as to advertising) 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

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which he causes or allows it to be stated, suggested or implied that

entertainment included in the broadcast—

                    (a)                   has been supplied by him; or

                    (b)                   is provided wholly or partly at his expense.”

  34       In section 6(5) of that Act (restrictions on prosecutions), after the words

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“otherwise than”, wherever occurring, there shall be inserted “by OFCOM

or”

  35      (1)      Section 7A of that Act (powers of enforcement in relation to marine offences)

shall be amended as follows.

          (2)      In subsection (1), after “the Secretary of State” there shall be inserted “or

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OFCOM”.

          (3)      In subsections (2) and (4), for “the Secretary of State has issued a written

authorisation” there shall be substituted “a written authorisation has been

issued by the Secretary of State or OFCOM”.

          (4)      In subsection (3)(a), for “the Secretary of State has issued an authorisation”

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there shall be substituted “an authorisation has been issued by the Secretary

of State or OFCOM”

          (5)      In subsection (7), after “powers” there shall be inserted “except so far as

exercisable by virtue of an authorisation issued by OFCOM”.

  36       In section 9(1) of that Act (interpretation), after the definition of “the high

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seas” there shall be inserted—

                                      “‘OFCOM’ means the Office of Communications;”.

Wireless Telegraphy Act 1967

  37      (1)      Section 7 of the Wireless Telegraphy Act 1967 (c. 72) (restrictions on dealing

in, and custody of, certain apparatus) shall be amended as follows.

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          (2)      In subsection (2), for “the Secretary of State” and “he” there shall be

substituted, respectively, “OFCOM” and “they”.

          (3)      In subsections (5) to (11), for the words “the Secretary of State” and “The

Secretary of State”, wherever occurring, there shall be substituted

“OFCOM”.

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