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“2 Matters to be taken into account | |
(1) This section applies where OFCOM exercise any of their powers | |
under section 1 to prescribe sums payable in respect of any | |
description of wireless telegraphy licence or of grant of recognised | |
spectrum access, other than a power to prescribe sums payable | 5 |
where— | |
(a) a wireless telegraphy licence is varied or revoked at the | |
request or with the consent of the licence holder; or | |
(b) a grant of recognised spectrum access is varied or revoked at | |
the request or with the consent of the holder of the grant. | 10 |
(2) OFCOM may, if they think fit in the light (in particular) of the | |
matters to which they are required to have regard under section 149 | |
of the Communications Act 2003, prescribe sums which would be | |
greater than those that would be necessary for the purposes of | |
recovering costs incurred by them in connection with functions | 15 |
under the enactments relating to the management of the radio | |
spectrum. | |
(3) In this section— | |
‘the enactments relating to the management of the radio | |
spectrum’ has the same meaning as in the Communications | 20 |
Act 2003; | |
‘prescribe’ means prescribe by regulations or determine in | |
accordance with regulations.” | |
147 (1) Section 4 of that Act (restriction on revocation or variation of licences) shall | |
be amended as follows. | 25 |
(2) In subsection (1), for the words “him” and “his” there shall be substituted, | |
respectively, “them” and “their”. | |
(3) In subsection (5), for the word “him” there shall be substituted “them”. | |
148 (1) After section 4 of that Act there shall be inserted— | |
“4A Recovery of sums payable to OFCOM | 30 |
Where any sum is required to be paid to OFCOM— | |
(a) under any provision of this Act, | |
(b) in pursuance of any provision of regulations under | |
this Act, or | |
(c) by virtue of any terms or conditions contained by | 35 |
virtue of this Act in a wireless telegraphy licence, or in | |
a grant of recognised spectrum access, | |
that sum shall be so paid to them as soon as it becomes due in | |
accordance with that provision, or those terms or conditions, and if | |
not paid is to be recoverable by them accordingly.” | 40 |
(2) This paragraph does not apply to a sum that first became payable before the | |
coming into force of this paragraph. | |
149 For section 6 of that Act there shall be substituted— | |
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“6 Regulations | |
(1) Section 392 of the Communications Act 2003 (procedure for | |
regulations and orders made by OFCOM) applies to every power of | |
OFCOM to make regulations under a provision of this Act. | |
(2) Subsections (4) to (6) of that section shall not apply in any case in | 5 |
which it appears to OFCOM that by reason of the urgency of the | |
matter it is inexpedient to publish a notice in accordance with | |
subsection (4)(b) of that section. | |
(3) Subsections (4) to (6) of that section shall not apply in the case of any | |
regulations under section 3 or 3A modifying previous regulations | 10 |
under that section in a case not falling within subsection (2) if it | |
appears to OFCOM— | |
(a) that the modifications would not adversely affect the | |
interests of any person or otherwise put him in a worse | |
position or, as regards someone else, put him at a | 15 |
disadvantage; and | |
(b) in so far as the modifications affect a procedure that has | |
already begun, that no person would have acted differently | |
had the modifications come into force before the procedure | |
began.” | 20 |
150 (1) Section 8 of that Act (interpretation) shall be amended as follows. | |
(2) After “In this Act—” there shall be inserted— | |
“‘grant of recognised spectrum access’ means a grant of | |
recognised spectrum access made under section 154 of the | |
Communications Act 2003; | 25 |
‘OFCOM’ means the Office of Communications;”. | |
(3) After the definition of “wireless telegraphy licence” there shall be inserted— | |
“and references in this Act to the issue of a wireless telegraphy | |
licence or the making of a grant of recognised spectrum access | |
include references to the issue of such a licence, or the making of a | 30 |
grant of such access, by way of renewal of a previous licence or | |
grant.” | |
Finance Act 1998 | |
151 In section 118(1) of the Finance Act 1998 (c. 36) (claims for income tax | |
purposes), for “a telecommunication system (within the meaning of the | 35 |
Telecommunications Act 1984)” there shall be substituted “an electronic | |
communications service”. | |
Competition Act 1998 | |
152 (1) Schedule 7 to the Competition Act 1998 (c. 41) (members of Commission | |
appointed under certain enactments) shall be amended as follows. | 40 |
(2) In paragraph 2(1)(d), for sub-paragraph (iii) there shall be substituted— | |
“(iii) section 189(1) of the Communications Act 2003;”. | |
(3) In paragraph 19A(9), in the definition of “special reference group”, after | |
paragraph (n) there shall be inserted “or | |
(o) section 188 of the Communications Act 2003.” | 45 |
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153 In paragraph 1 of Schedule 7A to that Act (procedural rules), in the | |
definition of “special investigation”, for “and (n)” there shall be substituted | |
“, (n) and (o)”. | |
Regional Development Agencies Act 1998 | |
154 (1) Schedule 6 to the Regional Development Agencies Act 1998 (c. 45) (land | 5 |
acquired by regional development agencies) shall be amended as follows. | |
(2) In paragraphs 1, 2, 8, 9 and 11— | |
(a) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”; | |
(b) for “a telecommunications code system” and “any | 10 |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | |
(c) for “telecommunications apparatus” and “telecommunication | |
apparatus”, wherever occurring, there shall be substituted | |
“electronic communications apparatus”; | 15 |
(d) for “such system” and “the system”, wherever occurring, there shall | |
be substituted, respectively, “such network” and “the network”. | |
Finance Act 1999 | |
155 In section 132(10) of the Finance Act 1999 (c. 16) (power to provide for use of | |
electronic communications), for “a telecommunication system (within the | 20 |
meaning of the Telecommunications Act 1984)” there shall be substituted | |
“an electronic communications service”. | |
Greater London Authority Act 1999 | |
156 (1) Section 235 of the Greater London Authority Act 1999 (c. 29) (restrictions on | |
disclosure of information) shall be amended as follows. | 25 |
(2) In subsection (2)(c), for sub-paragraph (iv) there shall be substituted— | |
“(iv) the Office of Communications,”. | |
(3) In subsection (3), after paragraph (rs) there shall be inserted— | |
“(rt) the Communications Act 2003;”. | |
Electronic Communications Act 2000 | 30 |
157 In section 15(1) of the Electronic Communications Act 2000 (c. 7) (general | |
interpretation), in the definition of “electronic communication”, for “a | |
telecommunication system (within the meaning of the Telecommunications | |
Act 1984)” there shall be substituted “an electronic communications | |
network”. | 35 |
Television Licences (Disclosure of Information) Act 2000 | |
158 In section 5 of the Television Licences (Disclosure of Information) Act 2000 | |
(c. 15) (interpretation)— | |
(a) for the definitions of “the BBC” and “television licence” there shall be | |
substituted— | 40 |
“‘the BBC’ means the British Broadcasting | |
Corporation;”; | |
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(b) after the definition of “prescribed” there shall be inserted— | |
“‘television licence’ means a licence for the purposes of | |
section 353 of the Communications Act 2003;”. | |
Finance Act 2000 | |
159 (1) The Finance Act 2000 (c. 17) shall be amended as follows. | 5 |
(2) In section 87 (tax treatment of acquisition, disposal or revaluation of certain | |
rights), after paragraph (a) there shall be inserted— | |
“(aa) grants of recognised spectrum access made under section 154 | |
of the Communications Act 2003,”. | |
(3) In paragraph 1 of Schedule 23 (tax treatment of amounts relating to | 10 |
acquisition etc. of certain rights), after paragraph (a) there shall be inserted— | |
“(aa) grants of recognised spectrum access made under section | |
154 of the Communications Act 2003, and”. | |
(4) In paragraph 8 of Schedule 38 (regulations for providing incentives for | |
electronic communications), in the definition of “electronic | 15 |
communications”, for “a telecommunication system (within the meaning of | |
the Telecommunications Act 1984)” there shall be substituted “an electronic | |
communications service”. | |
Regulation of Investigatory Powers Act 2000 | |
160 In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 | 20 |
(c. 23) (relevant public authorities for the purposes of sections 28 and 29 of | |
that Act), after paragraph 23 there shall be inserted— | |
“23A The Office of Communications.” | |
Postal Services Act 2000 | |
161 (1) The Postal Services Act 2000 (c. 26) shall be amended as follows. | 25 |
(2) In section 125(2)(a) (communications delivered otherwise than | |
electronically), for “a telecommunication system (within the meaning of the | |
Telecommunications Act 1984)” there shall be substituted “an electronic | |
communications network”. | |
(3) In paragraph 3 of Schedule 7 (disclosure of information)— | 30 |
(a) in sub-paragraph (2), for paragraph (f) there shall be substituted— | |
“(f) the Office of Communications,”; | |
(b) in sub-paragraph (3), after paragraph (gh) there shall be inserted— | |
“(gi) the Communications Act 2003,”. | |
Utilities Act 2000 | 35 |
162 (1) Section 105 of the Utilities Act 2000 (c. 27) (general restrictions on disclosure | |
of information) shall be amended as follows. | |
(2) In subsection (5), for paragraph (d) there shall be substituted— | |
“(d) the Office of Communications;”. | |
(3) In subsection (6), after paragraph (s) there shall be inserted— | 40 |
“(t) the Communications Act 2003.” | |
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Freedom of Information Act 2000 | |
163 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public | |
authorities), there shall be inserted at the appropriate place— | |
“The Consumer Panel established under section 15 of the | |
Communications Act 2003.” | 5 |
Countryside and Rights of Way Act 2000 | |
164 (1) The Countryside and Rights of Way Act 2000 (c. 37) shall be amended as | |
follows. | |
(2) In section 17(4) (byelaws not to interfere with certain rights), for paragraph | |
(c) there shall be substituted— | 10 |
“(c) with the provision of an electronic communications code | |
network or the exercise of any right conferred by or in | |
accordance with the electronic communications code on the | |
operator of any such network.” | |
(3) In paragraph 8 of Schedule 1 (excepted land), for “a telecommunications | 15 |
code system” there shall be substituted “an electronic communications code | |
network”. | |
Transport Act 2000 | |
165 (1) Paragraph 3 of Schedule 9 to the Transport Act 2000 (c. 38) (air traffic | |
information) shall be amended as follows. | 20 |
(2) In sub-paragraph (2), for paragraph (d) there shall be substituted— | |
“(d) the Office of Communications;”. | |
(3) In sub-paragraph (3)— | |
(a) after paragraph (q) there shall be inserted— | |
“(qa) the Broadcasting Act 1996;”; | 25 |
(b) after paragraph (ra) there shall be inserted— | |
“(rb) the Communications Act 2003;”. | |
Political Parties, Elections and Referendums Act 2000 | |
166 (1) The Political Parties, Elections and Referendums Act 2000 (c. 41) shall be | |
amended as follows. | 30 |
(2) In section 11(3) (broadcasters to have regard to Electoral Commission’s | |
views on political broadcasts), for the words from “and Sianel” to “regard” | |
there shall be substituted “shall have regard, in determining its policy with | |
respect to party political broadcasts,”. | |
(3) In paragraph 4(6) of Schedule 12 (broadcasters to have regard to Electoral | 35 |
Commission’s views on referendum campaign broadcasts), for the words | |
from “and Sianel” to “regard” there shall be substituted “shall have regard, | |
in determining its policy with respect to referendum campaign broadcasts | |
by designated organisations,”. | |
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Vehicles (Crime) Act 2001 | |
167 In sections 16(2)(a), 31(2)(a) and 40(6) of the Vehicles (Crime) Act 2001 (c. 3) | |
(transmission of representations and service of notices etc.), for “a | |
telecommunication system (within the meaning of the Telecommunications | |
Act 1984 (c. 12))” there shall be substituted “an electronic communications | 5 |
network”. | |
Criminal Justice and Police Act 2001 | |
168 In the table in section 1(1) of the Criminal Justice and Police Act 2001 (c. 16) | |
(offences leading to penalties on the spot), after the entry relating to section | |
12 of that Act there shall be inserted— | 10 |
| | “Section 123(2) of the | Using public electronic | | | | | Communications Act 2003 | communications network in | | | | | | order to cause annoyance, | | | | | | inconvenience or needless | | | | | | anxiety” | | 15 |
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Electronic Communications Act (Northern Ireland) 2001 | |
169 In section 4(1) of the Electronic Communications Act (Northern Ireland) | |
2001 (c. 9 (N.I.)) (interpretation), in the definition of “electronic | |
communication”, for “a telecommunication system (within the meaning of | |
the Telecommunications Act 1984)” there shall be substituted “an electronic | 20 |
communications network”. | |
Office of Communications Act 2002 | |
170 Sections 2, 4, 5 and 6 of the Office of Communications Act 2002 (c. 11) shall | |
cease to have effect. | |
171 (1) The Schedule to that Act shall be amended as follows. | 25 |
(2) The following shall cease to have effect— | |
(a) paragraph 1(4); | |
(b) paragraph 8(5); | |
(c) paragraph 17(8) and (9); and | |
(d) paragraph 20. | 30 |
(3) After paragraph 14(3) (executive committees of OFCOM to include member | |
or employee of OFCOM) there shall be inserted— | |
“(3A) Sub-paragraph (3) has effect in the case of a committee of OFCOM | |
which— | |
(a) is not the Content Board, but | 35 |
(b) has functions that are confined to functions falling within | |
section 12(2) of the Communications Act 2003 (functions | |
within the Content Board’s remit), | |
as if the reference in that sub-paragraph to a member of OFCOM | |
included a reference to a member of the Content Board who is not | 40 |
a member of OFCOM.” | |
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Enterprise Act 2002 | |
172 (1) The Enterprise Act 2002 (c. 40) shall be amended as follows. | |
(2) In section 126(6) (service of documents electronically), for “a | |
telecommunication system (within the meaning of the Telecommunications | |
Act 1984 (c. 12))” there shall be substituted “an electronic communications | 5 |
network”. | |
(3) In section 128(5) (supply of services and market for services etc.), for “section | |
189(2) of the Broadcasting Act 1990 (c. 42)” there shall be substituted | |
“paragraph 29 of Schedule 2 to the Telecommunications Act 1984”. | |
(4) In section 136 (investigations and reports on market investigation | 10 |
references)— | |
(a) in subsection (7), after paragraph (g) there shall be inserted— | |
“(h) in relation to the Office of Communications, sections | |
361 and 360 of the Communications Act 2003.”; | |
(b) in subsection (8), for “or the Civil Aviation Authority” there shall be | 15 |
substituted “, the Civil Aviation Authority or the Office of | |
Communications”. | |
(5) In section 234(5) (supply of services), for “section 189(2) of the Broadcasting | |
Act 1990 (c. 42)” there shall be substituted “paragraph 29 of Schedule 2 to the | |
Telecommunications Act 1984”. | 20 |
(6) In Schedule 15 (enactments conferring functions), in the appropriate place, | |
there shall be inserted— | |
“Communications Act 2003.” | |
Schedule 18 | |
Section 395 | |
Transitional Provisions | 25 |
General | |
1 (1) This paragraph applies where, at any time before the coming into force of a | |
transfer made by virtue of section 2— | |
(a) any subordinate legislation has been made in the carrying out of the | |
transferred functions by the person from whom the transfer is made; | 30 |
or | |
(b) any other thing has been done by or in relation to that person for the | |
purposes of or in connection with the carrying out of those functions. | |
(2) The subordinate legislation or other thing— | |
(a) is to have effect, on and after the coming into force of the transfer, | 35 |
and so far as necessary for its purposes, as if it had been made or | |
done by or in relation to OFCOM; and | |
(b) in the case of subordinate legislation to which section 392 applies | |
when it is made by OFCOM, shall so have effect as if made in | |
accordance with the requirements of that section. | 40 |
(3) Where any subordinate legislation, direction, authorisation or notice has | |
effect in accordance with this paragraph— | |
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