|
| |
|
(a) for “the telecommunications code” there shall be substituted “the | |
electronic communications code”; | |
(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.” | 5 |
126 In paragraph 21 of Schedule 7 to that Act (powers of survey etc. in | |
connection with groundwater damage)— | |
(a) in sub-paragraphs (5)(b)(ii) and (7), for “a relevant | |
telecommunications licenceholder” there shall be substituted “a | |
provider of a public electronic communications network”; | 10 |
(b) in sub-paragraphs (6) and (7), for “or licenceholder” there shall be | |
substituted “or provider”; and | |
(c) in sub-paragraph (6), for “running of the telecommunication system” | |
there shall be substituted “provision of the public electronic | |
communications network”. | 15 |
Railways Act 1993 | |
127 (1) Section 145 of the Railways Act 1993 (c. 43) (general restrictions on | |
disclosure of information) be amended as follows. | |
(2) In subsection (2)(b), for sub-paragraph (iv) there shall be substituted— | |
“(iv) the Office of Communications,”. | 20 |
(3) In subsection (3), after paragraph (qs) there shall be inserted— | |
“(qt) the Communications Act 2003;”. | |
Roads (Northern Ireland) Order 1993 | |
128 (1) This paragraph applies to the following provisions of the Roads (Northern | |
Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15))— | 25 |
(a) Article 12(2) (road bridges over railways); | |
(b) Article 70(2) (consultation on exercise of power to erect structure on | |
road); | |
(c) Article 72(2) (control of scaffolding on roads); | |
(d) Article 73(2) (restriction on placing rails etc. over roads); | 30 |
(e) Article 78(2) (excavations in a road); | |
(f) Article 79(2) (placing of apparatus in or under roads); | |
(g) Article 82(3) (excavations near a road); | |
(h) Article 83(2) (alteration of wall, fence or drain at the side of a road); | |
(i) Schedule 9 (savings for telecommunications apparatus). | 35 |
(2) In each of the provisions to which this paragraph applies— | |
(a) for “a telecommunications code system” and “any | |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | |
(b) for “telecommunication apparatus”, wherever occurring, there shall | 40 |
be substituted “electronic communications apparatus”; | |
(c) for “telecommunications code”, wherever occurring (except in the | |
expression “telecommunications code system”), there shall be | |
substituted “electronic communications code”; | |
|
| |
|
| |
|
(d) for “that system”, “any such system” and “the system”, wherever | |
occurring, there shall be substituted, respectively, “that network”, | |
“any such network” and “the network”; | |
(e) for “the telecommunications code system” there shall be substituted | |
“the electronic communications code network”. | 5 |
Value Added Tax Act 1994 | |
129 (1) The Value Added Tax Act 1994 (c. 23) shall be amended as follows. | |
(2) In section 33 (refunds of VAT in certain cases)— | |
(a) in subsection (3), for paragraph (j) there shall be substituted— | |
“(j) the appointed news provider referred to in section | 10 |
273 of the Communications Act 2003; and”; | |
(b) in subsection (5), for “a nominated” there shall be substituted “an | |
appointed”. | |
(3) In Part 2 of Schedule 9 (exemptions), in Note (1) in Group 12 (fund-raising | |
events by charities etc.), for “a telecommunications system (within the | 15 |
meaning of the Telecommunications Act 1984)” there shall be substituted | |
“an electronic communications network”. | |
Criminal Justice and Public Order Act 1994 | |
130 (1) Section 163 of the Criminal Justice and Public Order Act 1994 (c. 33) (local | |
authority powers to provide closed-circuit television) shall be amended as | 20 |
follows. | |
(2) For subsection (1)(b) there shall be substituted— | |
“(b) providing within their area an electronic communications | |
service which is distributed— | |
(i) only to persons on a single set of premises; and | 25 |
(ii) by an electronic communications network which is | |
wholly within those premises and is not connected to | |
an electronic communications network any part of | |
which is outside those premises;”. | |
(3) In subsection (1)(c), for “telecommunications system” there shall be | 30 |
substituted “electronic communications network or electronic | |
communications service”. | |
(4) After subsection (3), there shall be inserted— | |
“(3A) For the purposes of subsection (1)(b)— | |
(a) a set of premises is a single set of premises if, and only if, the | 35 |
same person is the occupier of all the premises; and | |
(b) two or more vehicles are capable of constituting a single set | |
of premises if, and only if, they are coupled together.” | |
(5) In subsection (4), for the definition of “telecommunications system” there | |
shall be substituted— | 40 |
“‘premises’ includes a vehicle; and | |
‘vehicle’ includes a vessel, aircraft or hovercraft.” | |
|
| |
|
| |
|
Airports (Northern Ireland) Order 1994 | |
131 In Article 12 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 | |
(N.I. 1)) (provisions as to telecommunications apparatus)— | |
(a) for “telecommunications apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | 5 |
(b) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”; | |
(c) for “a telecommunications code system”, wherever occurring, there | |
shall be substituted “an electronic communications code network”; | |
(d) in paragraph (3), for “that system” there shall be substituted “that | 10 |
network”. | |
Criminal Procedure (Scotland) Act 1995 | |
132 In section 302(9)(a) of the Criminal Procedure (Scotland) Act 1995 (c. 46) | |
(interpretation), at the end there shall be inserted “nor an offence to which | |
Schedule 6 to the Communications Act 2003 (fixed penalties for wireless | 15 |
telegraphy offences) applies.” | |
British Waterways Act 1995 | |
133 In section 3(1) of the British Waterways Act 1995 (c. i) (interpretation), in the | |
definition of “relevant undertaker”, in paragraph (f), for the words from the | |
beginning to “in that Act)” there shall be substituted “any provider of an | 20 |
electronic communications network having any electronic communications | |
apparatus”. | |
Street Works (Northern Ireland) Order 1995 | |
134 (1) Paragraph 7 of Schedule 2 to the Street Works (Northern Ireland) Order 1995 | |
(S.I. 1995/3210 (N.I. 19)) (streets with special engineering difficulties) shall | 25 |
be amended as follows. | |
(2) For “telecommunication apparatus”, wherever occurring, there shall be | |
substituted “electronic communications apparatus”. | |
(3) In sub-paragraph (3)(c)— | |
(a) for “a telecommunication system” there shall be substituted “an | 30 |
electronic communications network”; | |
(b) for “a system” there shall be substituted “a network”. | |
Housing Act 1996 | |
135 In section 16(7)(a) of the Housing Act 1996 (c. 52) (use of electronic | |
communications by tenant in exercise of right to acquire dwelling), for “a | 35 |
telecommunication system (within the meaning of the Telecommunications | |
Act 1984)” there shall be substituted “an electronic communications | |
network”. | |
Housing Grants, Construction and Regeneration Act 1996 | |
136 In section 105(1)(b) of the Housing Grants, Construction and Regeneration | 40 |
Act 1996 (c. 53) (meaning of “construction operations”), for | |
|
| |
|
| |
|
136 “telecommunication apparatus” there shall be substituted “electronic | |
communications apparatus”. | |
Channel Tunnel Rail Link Act 1996 | |
137 In Schedule 6 to the Channel Tunnel Rail Link Act 1996 (c. 61) (planning | |
conditions), in the table in paragraph 6(4) and the table in paragraph 15(4), | 5 |
for “telecommunications masts”, in each place, there shall be substituted | |
“electronic communications masts”. | |
138 (1) Part 4 of Schedule 15 to that Act (protection of telecommunications | |
operators) shall be amended as follows. | |
(2) In paragraph 1(1), for “telecommunications operator” there shall be | 10 |
substituted “an operator of an electronic communications code network”. | |
(3) In paragraphs 2 to 4— | |
(a) for “telecommunications code”, wherever occurring, there shall be | |
substituted “electronic communications code”; | |
(b) for “telecommunications apparatus”, wherever occurring, there shall | 15 |
be substituted “electronic communications apparatus”; | |
(c) for “a telecommunications operator”, wherever occurring, there shall | |
be substituted “an operator”; | |
(d) for “any telecommunications operator”, wherever occurring, there | |
shall be substituted “any operator of an electronic communications | 20 |
code network”; | |
(e) for “the telecommunications operator”, wherever occurring, there | |
shall be substituted “the operator”; | |
(f) for “telecommunications system” there shall be substituted | |
“electronic communications code network”. | 25 |
(4) In paragraph 5— | |
(a) for “telecommunications apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(b) for “telecommunications operator”, in the first place where it occurs, | |
there shall be substituted “operator of an electronic communications | 30 |
code network”; | |
(c) for “telecommunications operator”, in each other place where it | |
occurs, there shall be substituted “operator”. | |
Gas (Northern Ireland) Order 1996 | |
139 The Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) shall be | 35 |
amended as follows. | |
140 In Article 44 (restrictions on disclosure of information)— | |
(a) in paragraph (3)(b), for head (vi) there shall be substituted— | |
“(vi) the Office of Communications;”; | |
(b) in paragraph (4), after sub-paragraph (v) there shall be inserted— | 40 |
“(w) the Communications Act 2003.” | |
141 (1) Schedule 3 (other powers etc. of licence holders) shall be amended as | |
follows. | |
(2) In paragraph 1(1)— | |
|
| |
|
| |
|
(a) for “a public telecommunications operator” there shall be substituted | |
“an electronic communications code operator”; | |
(b) for “telecommunication system” there shall be substituted | |
“electronic communications network”. | |
(3) In paragraphs 4 and 6 for “public telecommunications operator” there shall | 5 |
be substituted “electronic communications code operator”. | |
(4) In paragraphs 3(1), (2) and (3), 5(1) and (2), 6(1) and 8— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(b) for “a telecommunication system”, wherever occurring, there shall | 10 |
be substituted “an electronic communications network”; | |
(c) for “telecommunications code”, wherever occurring, there shall be | |
substituted “electronic communications code”. | |
Construction Contracts (Northern Ireland) Order 1997 | |
142 In Article 4(1)(b) of the Construction Contracts (Northern Ireland) Order | 15 |
1997 (S.I. 1997/274 (N.I. 1)) (meaning of “construction operations”), for | |
“telecommunication apparatus” there shall be substituted “electronic | |
communications apparatus”. | |
Waste and Contaminated Land (Northern Ireland) Order 1997 | |
143 In Article 2(2) of the Waste and Contaminated Land (Northern Ireland) | 20 |
Order 1997 (S.I. 1997/2778 (N.I. 19)) (meaning of “industrial waste” for | |
“telecommunication services”) there shall be substituted “communications | |
services”. | |
Wireless Telegraphy Act 1998 | |
144 Subject to any other amendment made by any other provision of this Act, in | 25 |
sections 1 to 4 of the Wireless Telegraphy Act 1998 (c. 6), for the words “the | |
Secretary of State”, “Secretary of State” and “The Secretary of State”, | |
wherever occurring, there shall be substituted “OFCOM”. | |
145 In section 1 of that Act (charges for wireless telegraphy licences)— | |
(a) in subsection (2)(b), for “the issue or renewal of the licence” there | 30 |
shall be substituted “the issue of the licence or the making of the | |
grant”; | |
(b) in subsection (3)(c), for the words “the Secretary of State thinks”, | |
there shall be substituted “OFCOM think”; | |
(c) in subsection (4), for the words “he thinks”, there shall be substituted | 35 |
“they think”; and | |
(d) in subsection (5), at the end there shall be inserted “or any grant of | |
recognised spectrum access made in accordance with regulations | |
under section 3A”. | |
146 For section 2 of that Act there shall be substituted— | 40 |
|
| |
|