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(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 | 5 |
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 | 10 |
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 | 15 |
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)— | 20 |
(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 | 25 |
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; | 30 |
(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 | 35 |
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 | 40 |
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. | 45 |
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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—”. | 5 |
(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 | 10 |
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 | 15 |
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”; | 20 |
(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”. | 25 |
(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”. | 30 |
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 | 35 |
(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. | 40 |
(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 | 45 |
(b) paragraph (e) shall cease to have effect. | |
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(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”. | 5 |
(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 | 10 |
(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 | 15 |
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 | 20 |
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 | 25 |
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 | 30 |
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 | 35 |
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 | 40 |
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 | 45 |
inserted— | |
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“(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 | 5 |
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 | 10 |
(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 | 15 |
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 | 20 |
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 | 25 |
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 | 30 |
“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 | 35 |
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”. | 40 |
(3) In subsection (1)— | |
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(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 | 5 |
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 | 10 |
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 | 15 |
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”. | 20 |
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 | 25 |
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 | 30 |
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 | 35 |
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”; | |
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(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”. | 5 |
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 | 10 |
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)— | 15 |
(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 | 20 |
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”; | 25 |
(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”. | 30 |
(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 | 35 |
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 | 40 |
references in that Act to the supply of goods.” | |
33 (1) Section 5 of that Act shall be further amended as follows. | |
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(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 | 10 |
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 | 15 |
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 | 20 |
“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 | 25 |
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” | 30 |
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 | 35 |
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. | 40 |
(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”. | 45 |
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