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70 (1) Section 94 of that Act (directions in the interests of national security) shall be | |
amended as follows. | |
(2) In subsection (1), for “requisite or expedient” there shall be substituted | |
“necessary”. | |
(3) In subsection (2), for “requisite or expedient” there shall be substituted | 5 |
“necessary”. | |
(4) After subsection (2), there shall be inserted— | |
“(2A) The Secretary of State shall not give a direction under subsection (1) | |
or (2) unless he believes that the conduct required by the direction is | |
proportionate to what is sought to be achieved by that conduct.” | 10 |
(5) In subsection (3), for “this Act” there shall be substituted “Part 1 or Chapter | |
1 of Part 2 of the Communications Act 2003 and, in the case of a direction to | |
a provider of a public electronic communications network, notwithstanding | |
that it relates to him in a capacity other than as the provider of such a | |
network.”. | 15 |
(6) In subsection (6), for “public telecommunications operators” there shall be | |
substituted “providers of public electronic communications networks”. | |
(7) In subsection (8), for the words from “the Director” onwards there shall be | |
substituted “OFCOM and to providers of public electronic communications | |
networks.” | 20 |
71 (1) Section 98 of that Act (use of conduits for telecommunications purposes) | |
shall be amended as follows. | |
(2) In subsection (1), for the words “telecommunication apparatus”, wherever | |
occurring, there shall be substituted “electronic communications | |
apparatus”. | 25 |
(3) In subsection (5)(a), for the words “telecommunication purposes” there shall | |
be substituted “the purposes of any electronic communications network or | |
of any electronic communications service”. | |
72 (1) Section 101 of that Act (general restrictions on disclosure of information) | |
shall be amended as follows. | 30 |
(2) In subsection (2)(a)— | |
(a) the words “or transferred” shall be omitted; and | |
(b) for the words “, the Director or the Commission by or under this Act” | |
there shall be substituted “or OFCOM by or under this Act (except | |
functions assigned by or under Part 6)”. | 35 |
(3) In subsection (2)(b), after “the Rail Regulator” there shall be inserted | |
“, OFCOM”. | |
(4) In subsection (3), after paragraph (p) there shall be inserted— | |
“(q) the Communications Act 2003.” | |
(5) Subsection (4) shall cease to have effect. | 40 |
(6) In subsection (6), for “the Director” there shall be substituted “OFCOM”. | |
73 In section 104 of that Act (orders and schemes), after subsection (1) there | |
shall be inserted— | |
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“(1A) Section 392 of the Communications Act 2003 (procedure for | |
regulations and orders made by OFCOM) applies to every power of | |
OFCOM to make an order under a provision of this Act. | |
(1B) The approval of the Secretary of State is required for the making by | |
OFCOM of an order under section 85 or 86 above. | 5 |
(1C) A statutory instrument containing an order made by OFCOM under | |
section 85 or 86 above shall be subject to annulment in pursuance of | |
a resolution of either House of Parliament.” | |
74 In section 106(1) of that Act (general interpretation), after the definition of | |
“modifications” there shall be inserted— | 10 |
“‘OFCOM’ means the Office of Communications;”. | |
75 In paragraph 18(2) of Schedule 2 to that Act (notices affixed to overhead | |
apparatus), for “paragraph 24(4)(a)” there shall be substituted “paragraph | |
24(2A)(a)”. | |
Cinemas Act 1985 | 15 |
76 In section 21(1) of the Cinemas Act 1985 (c. 13) (interpretation), for the | |
definition of “film exhibition” there shall be substituted— | |
“‘film exhibition’ means any exhibition of moving pictures | |
other than an exhibition of items included in a programme | |
service (within the meaning of the Communications Act | 20 |
2003) that is being simultaneously received (or virtually so) | |
by the exhibitor”. | |
Surrogacy Arrangements Act 1985 | |
77 In section 3 of the Surrogacy Arrangements Act 1985 (c. 49) (advertisements | |
about surrogacy), for “a telecommunication system”, wherever occurring, | 25 |
there shall be substituted “an electronic communications network”. | |
Bankruptcy (Scotland) Act 1985 | |
78 (1) Section 70 of the Bankruptcy (Scotland) Act 1985 (c. 66) (supplies by utilities) | |
shall be amended as follows. | |
(2) In subsection (4), for paragraph (d) there shall be substituted— | 30 |
“(d) a supply of communications services by a provider of a | |
public electronic communications service.” | |
(3) For subsection (5) there shall be substituted— | |
“(5) In subsection (4), ‘communications services’ do not include | |
electronic communications services to the extent that they are used | 35 |
to broadcast or otherwise transmit programme services (within the | |
meaning of the Communications Act 2003).” | |
Housing Act 1985 | |
79 (1) The Housing Act 1985 (c. 68) shall be amended as follows. | |
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(2) In section 295(2)(b) (extinguishment of other rights over land acquired), for | |
“telecommunications systems” there shall be substituted “electronic | |
communications networks”. | |
(3) In section 298(2) and (3) (telecommunications apparatus)— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | 5 |
be substituted “electronic communications apparatus”; | |
(b) for “a telecommunications code system”, wherever occurring, there | |
shall be substituted “an electronic communications code network”; | |
(c) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”; | 10 |
(d) for “the system” and “a system” there shall be substituted, | |
respectively, “the network” and “a network”. | |
Airports Act 1986 | |
80 In section 62 of the Airports Act 1986 (c. 31) (provisions as to | |
telecommunication apparatus)— | 15 |
(a) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”; | |
(b) for “telecommunication apparatus” and “telecommunications | |
apparatus”, wherever occurring, there shall be substituted | |
“electronic communications apparatus”; | 20 |
(c) for “a telecommunications code system”, wherever occurring, there | |
shall be substituted “an electronic communications code network”; | |
(d) in subsection (3), for “that system” there shall be substituted “that | |
network”. | |
Gas Act 1986 | 25 |
81 In section 4AA(4)(b) of the Gas Act 1986 (c. 44) (general duties of Secretary | |
of State and Authority), for sub-paragraph (i) there shall be substituted— | |
“(i) communications services and electronic communications | |
apparatus, or”. | |
Insolvency Act 1986 | 30 |
82 (1) The Insolvency Act 1986 (c. 45) shall be amended as follows. | |
(2) In section 233 (supplies of telecommunications services etc. in cases of | |
administration or liquidation)— | |
(a) in subsection (3), for paragraph (d) there shall be substituted— | |
“(d) a supply of communications services by a provider of | 35 |
a public electronic communications service.”; | |
(b) in subsection (5), for paragraph (d) there shall be substituted— | |
“(d) ‘communications services’ do not include electronic | |
communications services to the extent that they are | |
used to broadcast or otherwise transmit programme | 40 |
services (within the meaning of the Communications | |
Act 2003).” | |
(3) In section 372 (supplies of telecommunications services etc. in cases of | |
bankruptcy)— | |
(a) in subsection (4), for paragraph (d) there shall be substituted— | 45 |
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“(d) a supply of communications services by a provider of | |
a public electronic communications service.”; | |
(b) in subsection (5), for paragraph (c) there shall be substituted— | |
“(c) ‘communications services’ do not include electronic | |
communications services to the extent that they are | 5 |
used to broadcast or otherwise transmit programme | |
services (within the meaning of the Communications | |
Act 2003).” | |
(4) In Schedule 2A (exceptions to prohibition on appointment of administrative | |
receiver), in paragraph 10, after sub-paragraph (2) there shall be inserted— | 10 |
“(2A) For the purposes of section 72D a business is also regulated to the | |
extent that it consists in the provision of a public electronic | |
communications network or a public electronic communications | |
service.” | |
Company Directors Disqualification Act 1986 | 15 |
83 In section 9E(2) of the Company Directors Disqualification Act 1986 (c. 46) | |
(interpretation), for paragraph (a) there shall be substituted— | |
“(a) the Office of Communications;”. | |
Channel Tunnel Act 1987 | |
84 For section 32 of the Channel Tunnel Act 1987 (c. 53), there shall be | 20 |
substituted— | |
“32 Exclusion of rights under electronic communications code | |
No rights shall be exercisable by any person by virtue of the | |
electronic communications code in relation to any land comprised in | |
the tunnel system and lying in or under the bed of the sea.” | 25 |
85 In paragraph 3(2)(b) of Schedule 2 to that Act (supplementary provisions as | |
to scheduled works etc.), for “telecommunications” there shall be | |
substituted “electronic communications”. | |
86 (1) Part 10 of Schedule 7 to that Act (protection of telecommunications | |
operators) shall be amended as follows. | 30 |
(2) In paragraph 1(1), for “a telecommunications operator” there shall be | |
substituted “an operator of an electronic communications code network”. | |
(3) In paragraphs 2 to 7— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | 35 |
(b) for “a telecommunications code system”, “a telecommunication | |
system” and “any telecommunications code system”, wherever | |
occurring, there shall be substituted “an electronic communications | |
code network”; | |
(c) for “that telecommunications system” there shall be substituted “that | 40 |
network”; | |
(d) for “the telecommunications operator”, wherever occurring, there | |
shall be substituted “the operator”; | |
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(e) for “any telecommunications operator”, wherever occurring, there | |
shall be substituted “any operator of an electronic communications | |
code network”; | |
(f) for “a system” and “that system”, wherever occurring, there shall be | |
substituted, respectively, “a network” and “that network”; | 5 |
(g) for “the system”, wherever occurring, there shall be substituted “the | |
electronic communications code network”. | |
Consumer Protection (Northern Ireland) Order 1987 | |
87 (1) Article 29 of the Consumer Protection (Northern Ireland) Order 1987 | |
(S.I. 1987/2049 (N.I. 20)) (restrictions on disclosure of information) shall be | 10 |
amended as follows. | |
(2) In paragraph (3), after sub-paragraph (n), there shall be inserted— | |
“(o) the Communications Act 2003.” | |
(3) In paragraph (6) for “the Director General of Telecommunications” there | |
shall be substituted “the Office of Communications”. | 15 |
Income and Corporation Taxes Act 1988 | |
88 (1) The Income and Corporation Taxes Act 1988 (c. 1) shall be amended as | |
follows. | |
(2) In section 155AA(2) (mobile telephones), for paragraph (a) there shall be | |
substituted— | 20 |
“(a) is used in connection with a public electronic | |
communications service; and”. | |
(3) In section 156A(5)(b) (limited exemption for computer equipment), for “any | |
public telecommunication system (within the meaning of the | |
Telecommunications Act 1984)” there shall be substituted “a public | 25 |
electronic communications service”. | |
(4) In section 567(2)(b) (meaning of “construction operations”), for | |
“telecommunication apparatus” there shall be substituted “electronic | |
communications apparatus”. | |
Norfolk and Suffolk Broads Act 1988 | 30 |
89 In section 25(1) of the Norfolk and Suffolk Broads Act 1988 (c. 4) | |
(interpretation), in the definition of “statutory undertaker”, for paragraph | |
(d) there shall be substituted— | |
“(d) any electronic communications code operator;”. | |
Malicious Communications Act 1988 | 35 |
90 In section 1(2A)(a) of the Malicious Communications Act 1988 (c. 27) | |
(offence of sending electronic communications with intent to cause distress | |
or anxiety), for “a telecommunication system (within the meaning of the | |
Telecommunications Act 1984)” there shall be substituted “an electronic | |
communications network”. | 40 |
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Copyright, Designs and Patents Act 1988 | |
91 (1) Section 69 of the Copyright, Designs and Patents Act 1988 (c. 48) (no | |
infringement of copyright by use of recordings for certain supervisory | |
purposes) shall be amended as follows. | |
(2) In subsection (2)— | 5 |
(a) for paragraph (a) there shall be substituted— | |
“(a) section 167(1) of the Broadcasting Act 1990, section | |
115(4) or (6) or 117 of the Broadcasting Act 1996 or | |
paragraph 20 of Schedule 12 to the Communications | |
Act 2003;”; | 10 |
(b) in paragraph (b), for the words from “by virtue of” to “1990” there | |
shall be substituted “by virtue of section 324(1) of the | |
Communications Act 2003”; | |
(c) in paragraph (c), for “Radio Authority” there shall be substituted | |
“OFCOM”; | 15 |
(d) after paragraph (c) there shall be inserted— | |
“(d) section 324(3) of the Communications Act 2003.” | |
(3) For subsection (3) there shall be substituted— | |
“(3) Copyright is not infringed by the use by OFCOM in connection with | |
the performance of any of their functions under the Broadcasting Act | 20 |
1990, the Broadcasting Act 1996 or the Communications Act 2003 | |
of— | |
(a) any recording, script or transcript which is provided to them | |
under or by virtue of any provision of those Acts; or | |
(b) any existing material which is transferred to them by a | 25 |
scheme made under section 26 of the Communications Act | |
2003. | |
(4) In subsection (3), ‘existing material’ means— | |
(a) any recording, script or transcript which was provided to the | |
Independent Television Commission or the Radio Authority | 30 |
under or by virtue of any provision of the Broadcasting Act | |
1990 or the Broadcasting Act 1996; and | |
(b) any recording or transcript which was provided to the | |
Broadcasting Standards Commission under section 115(4) or | |
(6) or 116(5) of the Broadcasting Act 1996.” | 35 |
92 (1) Section 73 of that Act (no breach of copyright by certain retransmissions of | |
broadcasts in cable programme service) shall be amended as follows. | |
(2) In subsection (6)— | |
(a) for paragraphs (c) and (d) there shall be substituted— | |
“(c) the public teletext service, | 40 |
(d) S4C Digital, and” | |
(b) for the words after paragraph (e) there shall be substituted— | |
“and expressions used in this subsection have the same | |
meanings as in Part 3 of the Communications Act 2003.” | |
(3) For subsection (7) there shall be substituted— | 45 |
“(7) In this section ‘relevant requirement’ means a requirement imposed | |
by a general condition (within the meaning of Chapter 1 of Part 2 of | |
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the Communications Act 2003) the setting of which is authorised | |
under section 60 of that Act (must-carry obligations).” | |
93 (1) Paragraph 17 of Schedule 2 to that Act (no infringement of performance | |
rights by use of recordings for certain supervisory purposes) shall be | |
amended as follows. | 5 |
(2) In sub-paragraph (2)— | |
(a) for paragraph (a) there shall be substituted— | |
“(a) section 167(1) of the Broadcasting Act 1990, section | |
115(4) or (6) or 117 of the Broadcasting Act 1996 or | |
paragraph 20 of Schedule 12 to the | 10 |
Communications Act 2003;”; | |
(b) in paragraph (b), for the words from “by virtue of” to “1990” there | |
shall be substituted “by virtue of section 324(1) of the | |
Communications Act 2003”; | |
(c) in paragraph (c), for “Radio Authority” there shall be substituted | 15 |
“OFCOM”; | |
(d) after paragraph (c) there shall be inserted— | |
“(d) section 324(3) of the Communications Act 2003.” | |
(3) For sub-paragraph (3) there shall be substituted— | |
“(3) The rights conferred by Part 2 are not infringed by the use by | 20 |
OFCOM in connection with the performance of any of their | |
functions under the Broadcasting Act 1990, the Broadcasting Act | |
1996 or the Communications Act 2003 of— | |
(a) any recording, script or transcript which is provided to | |
them under or by virtue of any provision of those Acts; or | 25 |
(b) any existing material which is transferred to them by a | |
scheme made under section 26 of the Communications Act | |
2003. | |
(4) In subsection (3), ‘existing material’ means— | |
(a) any recording, script or transcript which was provided to | 30 |
the Independent Television Commission or the Radio | |
Authority under or by virtue of any provision of the | |
Broadcasting Act 1990 or the Broadcasting Act 1996; and | |
(b) any recording or transcript which was provided to the | |
Broadcasting Standards Commission under section 115(4) | 35 |
or (6) or 116(5) of the Broadcasting Act 1996.” | |
Housing Act 1988 | |
94 (1) Part 2 of Schedule 10 to the Housing Act 1988 (c. 50) (provisions about land | |
acquired by a housing action trust) shall be amended as follows. | |
(2) In paragraphs 4, 5, 11, 12 and 14— | 40 |
(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 | |
be substituted “an electronic communications code network”; | 45 |
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