|
| |
| |
(4) In subsection (9), for “is satisfied” and “is so satisfied” there shall be | |
substituted, respectively, “are satisfied” and “are so satisfied”. | |
(5) After subsection (11) there shall be inserted— | |
“(11A) Section 392 of the Communications Act 2003 (procedure for | |
regulations and orders made by OFCOM) applies to the power of | 5 |
OFCOM to make an order under this section. | |
(11B) The approval of the Secretary of State is required for the making by | |
OFCOM of an order under this section. | |
(11C) A statutory instrument containing an order made by OFCOM under | |
this section shall be subject to annulment in pursuance of a resolution | 10 |
of either House of Parliament. | |
(11D) In this section ‘OFCOM’ means the Office of Communications.” | |
38 (1) Section 8 of that Act (provisions for securing enforcement in relation to | |
vehicles) shall be amended as follows. | |
(2) In subsection (1)— | 15 |
(a) for “to make regulations under the Vehicle Excise and Registration | |
Act 1994 as to” there shall be substituted “of the Secretary of State | |
under section 7(1) of the Vehicle Excise and Registration Act 1994 to | |
specify”; and | |
(b) for “provisions included in the regulations” there shall be substituted | 20 |
“a requirement imposed”. | |
(3) In subsection (2), for “regulations made” there shall be substituted “a | |
requirement imposed”. | |
39 In section 13(1) of that Act (regulations and order to be made by statutory | |
instrument), for “or orders under” there shall be substituted “under Part 1 | 25 |
of”. | |
Countryside Act 1968 | |
40 (1) The Countryside Act 1968 (c. 41) shall be amended as follows. | |
(2) In section 41 (exceptions from powers to make byelaws etc.), in subsections | |
(4) and (12)— | 30 |
(a) for “the running of a telecommunications code system” there shall be | |
substituted “the provision of an electronic communications code | |
network”; | |
(b) for “the telecommunications code” there shall be substituted “the | |
electronic communications code”; | 35 |
(c) for “such system” there shall be substituted “such network”. | |
(3) In paragraph 6 of Schedule 2 (exceptions from procedure for taking common | |
land)— | |
(a) for “the telecommunications code” there shall be substituted “the | |
electronic communications code”; | 40 |
(b) for “a telecommunications code system” there shall be substituted | |
“an electronic communications code network”. | |
| |
| |
|
| |
| |
Greater London Council (General Powers) Act 1969 | |
41 In section 7(6) of the Greater London Council (General Powers) Act 1969 | |
(c. lii) (effect of exercise of power to stop up streets)— | |
(a) for “the telecommunications code” there shall be substituted “the | |
electronic communications code”; | 5 |
(b) for “telecommunications code system” there shall be substituted | |
“electronic communications code network”. | |
Harbours Act (Northern Ireland) 1970 | |
42 In section 37 of the Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.)) | |
(application of telecommunications code for certain works)— | 10 |
(a) for “telecommunications code” there shall be substituted “electronic | |
communications code”; and | |
(b) for “telecommunication apparatus” there shall be substituted | |
“electronic communications apparatus”. | |
Thames Barrier and Flood Prevention Act 1972 | 15 |
43 In section 20(1)(a) of the Thames Barrier and Flood Prevention Act 1972 | |
(c. xlv)(power to make subsidiary works etc.), for “telecommunication | |
installations” there shall be substituted “electronic communications | |
installations”. | |
Fair Trading Act 1973 | 20 |
44 In section 137(3) of the Fair Trading Act 1973 (c. 41) (meaning of “supply of | |
services”), for paragraph (f) there shall be substituted— | |
“(f) includes the making of arrangements, by means of such an | |
agreement as is mentioned in paragraph 29 of Schedule 2 to | |
the Telecommunications Act 1984, for the sharing of the use | 25 |
of any electronic communications apparatus, and”. | |
Drainage (Northern Ireland) Order 1973 | |
45 In paragraph 3 of Schedule 9 to the Drainage (Northern Ireland) Order 1973 | |
(S.I. 1973/69 (N.I. 1))— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | 30 |
be substituted “electronic communications apparatus”; | |
(b) for “a telecommunications code system”, wherever occurring, there | |
shall be substituted “an electronic communications code network”; | |
(c) for “telecommunications code”, wherever occurring (except in the | |
expression “telecommunications code system”), there shall be | 35 |
substituted “electronic communications code”; | |
(d) for “any such system” and “that system” there shall be substituted, | |
respectively, “any such network” and “that network”. | |
Water and Sewerage Services (Northern Ireland) Order 1973 | |
46 (1) In Article 57A(3)(b) of the Water and Sewerage Services (Northern Ireland) | 40 |
Order 1973 (S.I. 1973/70 (N.I. 2)) (civil liability of Department for escapes of | |
water)— | |
| |
| |
|
| |
| |
(a) for “telecommunications code” there shall be substituted “electronic | |
communications code”; and | |
(b) for “a telecommunication system” there shall be substituted “an | |
electronic communications network”. | |
(2) In Article 58(1) of that Order (protection for telegraph and telephone lines), | 5 |
for “telecommunications” there shall be substituted “electronic | |
communications”. | |
Consumer Credit Act 1974 | |
47 In section 16(6) of the Consumer Credit Act 1974 (c. 39) (exempt agreements) | |
for “public telecommunications operator specified in the order” there shall | 10 |
be substituted “provider of a public electronic communications service who | |
is specified in the order”. | |
House of Commons Disqualification Act 1975 | |
48 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 | |
(c. 24) (bodies of which all members are disqualified), in the appropriate | 15 |
place, there shall be inserted— | |
“Seirbheis nam Meadhanan Gàidhlig”. | |
Northern Ireland Assembly Disqualification Act 1975 | |
49 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification | |
Act 1975 (c. 25) (bodies of which all members are disqualified), in the | 20 |
appropriate place, there shall be inserted— | |
“Seirbheis nam Meadhanan Gàidhlig”. | |
Welsh Development Agency Act 1975 | |
50 (1) Section 19 of the Welsh Development Agency Act 1975 (c. 70) (the Agency | |
and the media) shall be amended as follows. | 25 |
(2) In subsection (9), for “the appropriate authority”, in both places, there shall | |
be substituted “the Office of Communications”. | |
(3) In subsection (11), in the definition of “relevant licence” for “the | |
Independent Television Commission or the Radio Authority” there shall be | |
substituted “the Office of Communications”. | 30 |
Building Regulations (Northern Ireland) Order 1979 | |
51 In paragraph 14 of Schedule 1 to the Building Regulations (Northern | |
Ireland) Order 1979 (S.I. 1979/1709 (N.I. 16)) (building regulations), for | |
“telecommunications services” there shall be substituted “communications | |
services”. | 35 |
Local Government, Planning and Land Act 1980 | |
52 (1) Part 3 of Schedule 28 to the Local Government, Planning and Land Act 1980 | |
(c. 65) (provisions about land acquired by urban development corporations) | |
shall be amended as follows. | |
| |
| |
|
| |
| |
(2) In paragraphs 5, 6, 13, 14 and 16— | |
(a) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”; | |
(b) for “a telecommunications code system” and “any | |
telecommunications code system”, wherever occurring, there shall | 5 |
be substituted “an electronic communications code network”; | |
(c) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(d) for “such system” and “the system”, wherever occurring, there shall | |
be substituted, respectively, “such network” and “the network”. | 10 |
Highways Act 1980 | |
53 In section 35(11)(c) and (12) of the Highways Act 1980 (c. 66) (regulation of | |
rights to maintain apparatus on walkways), for “telecommunications code | |
systems” there shall be substituted “electronic communications code | |
networks”. | 15 |
54 In section 115D of that Act (limits on powers to restrict access to highways), | |
for paragraph (d) there shall be substituted— | |
“(d) as to prevent the operator of an electronic communications | |
code network having access to any electronic | |
communications apparatus kept installed for the purposes of | 20 |
that network under, in, on or over the highway.” | |
55 In section 142(5) of that Act (protection of telecommunications apparatus by | |
conditions in licences to plant trees etc. in a highway), for | |
“telecommunications code systems” there shall be substituted “electronic | |
communications code networks”. | 25 |
56 (1) This paragraph applies to the following provisions of that Act— | |
(a) the definition of “statutory undertakers” in section 144(6) (power to | |
erect flagpoles etc. on highways); | |
(b) the definition of “statutory undertakers” in section 169(4) (control of | |
scaffolding on highways); | 30 |
(c) the definition of “statutory undertakers” in section 170(3) (control of | |
mixing mortar etc. on highways); | |
(d) section 177(4) and (12) (licence to build over highway not to interfere | |
with telecommunications code systems); | |
(e) section 178(5) (exceptions to restriction on placing rails etc. over | 35 |
highways); | |
(f) section 329(4A) (interpretation); | |
(g) section 334 (savings for operators of telecommunications code | |
systems). | |
(2) In the provisions to which this paragraph applies— | 40 |
(a) for “a telecommunications code system” and “any | |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | |
(b) for “the telecommunications code system” there shall be substituted | |
“the electronic communications code network”; | 45 |
(c) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
| |
| |
|
| |
| |
(d) for “telecommunications code”, wherever occurring (except in the | |
expression “telecommunications code system”), there shall be | |
substituted “electronic communications code”; | |
(e) for “system”, wherever occurring (except in the expression | |
“telecommunications code system”), there shall be substituted | 5 |
“network”. | |
New Towns Act 1981 | |
57 (1) This paragraph applies to the following provisions of the New Towns Act | |
1981 (c. 64)— | |
(a) section 16(2) (exception to extinguishment of rights over land | 10 |
compulsorily acquired); | |
(b) section 19(2) (saving from the power to override certain rights); | |
(c) section 24 (apparatus kept installed for purposes of | |
telecommunications code system); | |
(d) section 26(8) (extinguishment of rights of way and removal of | 15 |
apparatus); | |
(e) section 39(7) (power of development corporation to transfer | |
undertakings). | |
(2) In the provisions to which this paragraph applies— | |
(a) for “in accordance with the telecommunications code”, wherever | 20 |
occurring, there shall be substituted “in accordance with the | |
electronic communications code”; | |
(b) for “a telecommunications code system” and “any | |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | 25 |
(c) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(d) for “the running of the telecommunications code system” there shall | |
be substituted “the provision of the electronic communications code | |
network”; | 30 |
(e) for “the running of such a system” there shall be substituted “the | |
provision of such a network”; | |
(f) for “such system” and “the system”, wherever occurring, there shall | |
be substituted, respectively, “such network” and “the network”. | |
Acquisition of Land Act 1981 | 35 |
58 (1) The Acquisition of Land Act 1981 (c. 67) shall be amended as follows. | |
(2) In section 28 (acquisition of land by the creation of new rights), after | |
paragraph (h) there shall be inserted— | |
“(i) paragraph 3(3) of Schedule 4 to the Communications Act | |
2003.” | 40 |
(3) In section 32(6A) (exception to power to extinguish certain public rights of | |
way)— | |
(a) for the words from “telecommunication apparatus” to | |
“telecommunications code system” there shall be substituted | |
“electronic communications apparatus kept installed for the | 45 |
purposes of an electronic communications code network”; and | |
| |
| |
|
| |
| |
(b) in paragraph (a), for “system” there shall be substituted “network”. | |
Housing (Northern Ireland) Order 1981 | |
59 In Article 159A of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 | |
(N.I. 3)) (application of telecommunications code to the Northern Ireland | |
Housing Executive)— | 5 |
(a) for “telecommunications code”, wherever occurring, there shall be | |
substituted “electronic communications code”; | |
(b) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(c) for “a telecommunications code system” there shall be substituted | 10 |
“an electronic communications code network”; | |
(d) for “that system” there shall be substituted “that network”. | |
Civil Aviation Act 1982 | |
60 In section 48(7)(b) of the Civil Aviation Act 1982 (c. 16) (Secretary of State to | |
give notice of orders stopping up highways for civil aviation purposes), for | 15 |
“a telecommunications code system” there shall be substituted “an | |
electronic communications code network”. | |
Representation of the People Act 1983 | |
61 In section 92(1)(c) of the Representation of the People Act 1983 (c. 2) | |
(broadcasting from outside the United Kingdom), for “the Independent | 20 |
Television Commission or the Radio Authority” there shall be substituted | |
“the Office of Communications”. | |
62 (1) Section 93 of that Act (broadcasting of local items during election period) | |
shall be amended as follows. | |
(2) In subsection (4), for the words from the beginning to “each” there shall be | 25 |
substituted “The Office of Communications shall”. | |
(3) In subsection (6)— | |
(a) in the definition of “broadcasting authority”, for “the Independent | |
Television Commission, the Radio Authority” there shall be | |
substituted “the Office of Communications”; | 30 |
(b) in the definition of “relevant services”, for paragraphs (b) and (c) | |
there shall be substituted— | |
“(b) in relation to the Office of Communications, means | |
services licensed under Part 1 or 3 of the Broadcasting | |
Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.” | 35 |
Telecommunications Act 1984 | |
63 (1) Sections 44 to 46 of the Telecommunications Act 1984 (c. 12) (offences | |
relating to modification and interception of messages and to assaults on the | |
persons engaged on the business of a telecommunications operator) shall | |
cease to have effect. | 40 |
(2) No proceedings shall be capable of being begun at any time after the | |
commencement of this paragraph for any offence under any of those | |
sections which was committed before the commencement of this paragraph. | |
| |
| |
|
| |
| |
(3) Any proceedings for an offence under any of those sections which have been | |
begun before the commencement of this paragraph but in which there has | |
not yet been a conviction must be discontinued immediately. | |
64 In sections 79, 83, 85 and 86 of that Act (wireless telegraphy provisions), for | |
the words “the Secretary of State” and “The Secretary of State”, wherever | 5 |
occurring, there shall be substituted “OFCOM”. | |
65 In section 79(6)(b) of that Act (seizure of apparatus etc.), for “section 80 or 81 | |
below” there shall be substituted “Schedule 7 to the Communications Act | |
2003”. | |
66 (1) Section 83 of that Act (disposal of seized apparatus and property) shall be | 10 |
further amended as follows. | |
(2) In subsections (1)(b) and (2)(b), for “section 80 or 81 above”, in each place, | |
there shall be substituted “Schedule 7 to the Communications Act 2003”. | |
(3) In subsection (3), for “him” there shall be substituted “them”. | |
(4) In subsection (4), for “he thinks” there shall be substituted “they think”. | 15 |
67 (1) Section 84 of that Act (approval of wireless telegraphy apparatus) shall be | |
amended as follows. | |
(2) For the words “Secretary of State”, wherever occurring, except in subsection | |
(9), there shall be substituted “relevant authority”. | |
(3) In subsection (5), for “him” there shall be substituted “the relevant | 20 |
authority”. | |
(4) In subsection (8) for “his” there shall be substituted “the relevant | |
authority’s”. | |
(5) After subsection (8) there shall be inserted— | |
“(8A) Subject to subsection (8B), in this section ‘the relevant authority’ | 25 |
means— | |
(a) in such cases as may be specified in an order made by the | |
Secretary of State, the Secretary of State; and | |
(b) in any other case, OFCOM. | |
(8B) Where an application for the purposes of this section is made to the | 30 |
Secretary of State or OFCOM and it appears to the person to whom | |
it is made that it should have been made to the other— | |
(a) that person shall refer the application to the other; and | |
(b) the application shall be proceeded with as if made to the | |
person to whom it is referred.” | 35 |
68 Section 90 of that Act (funding of wireless interference service by the | |
Secretary of State) shall cease to have effect. | |
69 (1) Section 91 of that Act (construction of references to the conclusion of | |
proceedings) shall be amended as follows. | |
(2) In subsection (1), for “under the 1949 Act or for the forfeiture of any | 40 |
apparatus under section 80 or 81 above” there shall be substituted “to which | |
section 79 above applies or for the forfeiture of any apparatus under | |
Schedule 7 to the Communications Act 2003”. | |
(3) In subsection (2), for “section 80(9)(b) above” there shall be substituted | |
“paragraph 12 of Schedule 7 to the Communications Act 2003”. | 45 |
| |
| |
|
