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Standards code | |
36 (1) In relation to any time after the commencement of section 309 of this Act, a | |
code in force immediately before its commencement as a code drawn up | |
under section 6, 7, 9, 90, 91 or 93 of the 1990 Act or section 108 of the 1996 Act | |
is to have effect (subject to sub-paragraphs (2) and (3)) as if it were a code | 5 |
issued by OFCOM for the purpose of setting standards under section 309 of | |
this Act. | |
(2) A code under the 1990 Act have effect by virtue of sub-paragraph (1) in | |
relation only to the following— | |
(a) in the case of the codes under sections 6, 7 and 9, services the | 10 |
provision of which is authorised by licences under Part 1 of the 1990 | |
Act and S4C, and | |
(b) in the case of the codes under sections 90, 91 and 93, services the | |
provision of which is authorised by licences under Part 3 of that Act. | |
(3) In the case of the code under section 108 of the 1996 Act, the code shall have | 15 |
effect by virtue of sub-paragraph (1)— | |
(a) in relation only to services provided by the BBC or the Welsh | |
Authority; and | |
(b) to the extent only that it contains provision that applies to those | |
services and, in the case of services provided by the Welsh Authority, | 20 |
relates to matters other than advertising and impartiality. | |
Local and national radio licences | |
37 (1) Section 103 of the 1990 Act (restriction on changes of control affecting | |
holders of national licences) is to apply in relation to a pre-transfer national | |
licence as it applies in relation to a national licence within the meaning of | 25 |
Part 3 of the 1990 Act. | |
(2) Anything done by or in relation to the Radio Authority under any of sections | |
98 to 102 or 103A of the 1990 Act, so far as it has been done— | |
(a) before the radio transfer date, and | |
(b) for the purposes of, or in connection with, the grant or renewal of a | 30 |
pre-transfer national licence, | |
is to have effect for the purposes of, and in connection with, the grant or | |
renewal of a licence at times on or after that date as if done by or in relation | |
to OFCOM in connection with or for the purposes of the grant or renewal of | |
national licence (within the meaning of Part 3 of that Act). | 35 |
(3) Anything done by or in relation to the Radio Authority under any of sections | |
104 to 105 of the 1990 Act, so far as it has been done— | |
(a) before the radio transfer date, and | |
(b) for the purposes of, or in connection with, the grant or renewal of a | |
pre-transfer local licence, | 40 |
is to have effect for the purposes of, and in connection with, the grant or | |
renewal of a licence at times on or after that date as if done by or in relation | |
to OFCOM in connection with, or for the purposes of, the grant or renewal | |
of local licence (within the meaning of Part 3 of that Act). | |
(4) In this paragraph “pre-transfer local licence” and “pre-transfer national | 45 |
licence each has the same meaning as in section 248 of this Act. | |
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Section 111B of the 1990 Act | |
38 (1) Section 111B of the 1990 Act (power to suspend satellite services) is to have | |
effect in relation to a licence to provide a formerly regulated radio service | |
(within the meaning of section 246) as it applies in relation to a licence to | |
provide a radio licensable content service, but as if the reference in | 5 |
subsection (1)(b) of that section to a condition included in the licence in | |
pursuance of the provisions there mentioned included a reference to a | |
condition included in the licence in pursuance of section 90(1)(a) of that Act. | |
(2) In relation to any time falling— | |
(a) on or after the radio transfer date, and | 10 |
(b) before the first coming into force, in the case of the holder of a licence | |
under Part 3 of the 1990 Act or Part 2 of the 1996 Act, of conditions | |
imposed under section 315 of this Act, | |
section 111B of the 1990 Act is to have effect in relation to a licence to provide | |
a radio licensable content service as if the reference in subsection (1)(b) of | 15 |
section 111B of that Act to a condition included in the licence in pursuance | |
of the provisions there mentioned were a reference to a condition included | |
in the licence in pursuance of section 90(1)(a) of that Act. | |
Section 185 of the 1990 Act | |
39 (1) A determination or nomination made for the purposes of section 185 of the | 20 |
1990 Act (the national television archive) by the ITC is to have effect on and | |
after the television transfer date as a determination or nomination made by | |
OFCOM. | |
(2) Sub-paragraph (1) applies in the case of a determination so far only as it | |
relates to a financial year beginning on or after the television transfer date. | 25 |
Section 28 of the 1996 Act | |
40 (1) The repeal by this Act of section 28 of the 1996 Act does not affect any power | |
to vary a licence under Part 1 of the 1990 Act which is— | |
(a) conferred on the ITC by an order under that section; and | |
(b) transferred to OFCOM by this Act. | 30 |
(2) Nor does it affect so much of any order under that section in force | |
immediately before the repeal as— | |
(a) modifies section 16 of the 1996 Act in its application in relation to the | |
renewal of a licence first granted before the television transfer date; | |
or | 35 |
(b) imposes a prohibition on the use of digital capacity reserved before | |
that date; | |
but so much of any such prohibition as requires the consent of the ITC for | |
the use of any digital capacity shall have effect after the television transfer | |
date as if the consent required were OFCOM’s consent. | 40 |
(3) Sub-paragraph (1) only saves the power so far as it is exercisable in relation | |
to a licence granted before the television transfer date. | |
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Section 48 of the 1996 Act | |
41 Subsections (4) to (6) of section 48 of the 1996 Act (reservations of capacity | |
for national radio multiplex licences to independent national broadcasters) | |
are to apply in relation to conditions included in pursuance of that section in | |
licences granted before the radio transfer date as they apply in relation to | 5 |
conditions included in licences by virtue of the amendments of that section | |
made by this Act. | |
Applications for extension of pre-transfer licences | |
42 (1) Section 248(4)(a) does not prevent the determination by OFCOM of a day | |
falling less than one year after the making of the determination where— | 10 |
(a) OFCOM consider that the day by which they would need to publish | |
a notice is a day which is not more than 15 months after the | |
commencement date; and | |
(b) the determination of that day is made as soon as practicable after the | |
commencement date. | 15 |
(2) Where the day determined by OFCOM for the purposes of paragraph (b) of | |
section 248(3) is a day in the period of three months beginning with the day | |
after the determination, that paragraph shall have effect as if for the words | |
“three months before” there were substituted “on”. | |
(3) In this paragraph, the “commencement date” is the date on which section | 20 |
248 comes into force. | |
Applications for renewal of licences under 1990 Act and 1996 Act | |
43 (1) A provision set out in sub-paragraph (2) does not prevent the determination | |
by OFCOM of a date falling less than one year after the making of the | |
determination where— | 25 |
(a) OFCOM consider that the relevant date for the purposes of the | |
section in question is a date which is not more than 15 months after | |
the commencement date; and | |
(b) the determination of the relevant date is made as soon as practicable | |
after the commencement date. | 30 |
(2) Those provisions are— | |
(a) section 53(12) of the 1990 Act; | |
(b) section 103A(12) of the 1990 Act; | |
(c) section 104A(14) of the 1990 Act; | |
(d) section 16(12A) of the 1996 Act; | 35 |
(e) section 58(12A) of the 1996 Act. | |
(3) An application which is made before the commencement date in accordance | |
with a provision set out in sub-paragraph (5) shall be treated after that date | |
as if it had been made in accordance with that provision as amended by this | |
Act. | 40 |
(4) Where, in a case where a provision set out in sub-paragraph (5) applies, the | |
relevant date for the purposes of the section in question is a date in the | |
period of three months beginning with— | |
(a) the commencement date, or | |
(b) the day after the day on which the relevant date is determined, | 45 |
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that provision shall have effect as if the words “the day falling three months | |
before” were omitted. | |
(5) Those provisions are— | |
(a) section 53(2) of the 1990 Act; | |
(b) section 103A(2) of the 1990 Act; | 5 |
(c) section 104A(3) of the 1990 Act; | |
(d) section 16(3) of the 1996 Act; | |
(e) section 58(3) of the 1996 Act. | |
(6) In this paragraph, the “commencement date”, in relation to any provision set | |
out in sub-paragraph (2) or (5) is the date on which the provision of Schedule | 10 |
15 inserting or amending that provision comes into force. | |
Listed events rules | |
44 (1) Subject to sub-paragraph (2), Part 4 of the 1996 Act (sporting and other | |
events of national interest) is to have effect in relation to times on or after the | |
television transfer date as if anything done before that date by or in relation | 15 |
to the ITC had been done by or in relation to OFCOM. | |
(2) The code drawn up by the ITC under section 104 of the 1996 Act (code of | |
guidance as to the operation of Part 4) and in force immediately before the | |
commencement of section 293 of this Act is to continue to have effect | |
(notwithstanding the substitutions made by that section of this Act)— | 20 |
(a) until the code drawn up by OFCOM under that section comes into | |
force; but | |
(b) in relation to times on or after the transfer date and before the coming | |
into force of OFCOM’s code, as if references in section 104(2) of that | |
Act and in the code to the ITC were references to OFCOM. | 25 |
(3) If a provision of sections 292 to 294 of this Act comes into force before the | |
television transfer date, a reference to OFCOM in an amendment made by | |
that provision is to be construed in relation to times before that date as a | |
reference to the ITC. | |
(4) On the date on which section 292 of this Act comes into force, the Secretary | 30 |
of State shall revise the list maintained for the purposes of Part 4 of the 1996 | |
Act in order to allocate each event which is a listed event on that date either | |
to Group A or to Group B. | |
(5) Where— | |
(a) the events listed in the list in force immediately before the Secretary | 35 |
of State revises it under sub-paragraph (4) are treated, for any of the | |
purposes of the code in force under section 104 at that time, as | |
divided into two categories, and | |
(b) the Secretary of State’s revision under that sub-paragraph makes the | |
same division, | 40 |
section 97(2) of the 1996 Act shall not apply in relation to that revision of that | |
list. | |
(6) In this paragraph “the transfer date” is the date on which paragraph 13 of | |
Schedule 1 comes into force. | |
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Complaints to the Broadcasting Standards Commission | |
45 (1) On and after the transfer to OFCOM under this Act of the functions of the | |
Broadcasting Standards Commission under Part 5 of the 1996 Act, that Part | |
is to have effect in relation to a fairness complaint made to, but not disposed | |
of by, the Commission before the transfer as if— | 5 |
(a) anything done, or treated as done, by or in relation to the | |
Commission for the purposes of, or in connection with, that | |
complaint had been done by or in relation OFCOM; and | |
(b) those functions had been functions of OFCOM at the time when it | |
was done. | 10 |
(2) Where immediately before the commencement of section 317 of this Act a | |
licence to provide a licensed service (within the meaning of Part 5 of the 1996 | |
Act) contains a condition included in that licence by virtue of section 119(7) | |
of that Act (conditions requiring compliance with BSC directions), that | |
condition is to have effect on and after the coming into force of section 317 | 15 |
of this Act as a condition requiring the licence holder to comply with | |
directions given to him by OFCOM. | |
(3) In this paragraph “fairness complaint” has the same meaning as in Part 5 of | |
the 1996 Act. | |
Codes of practice drawn up by the Broadcasting Standards Commission | 20 |
46 The code of practice drawn up by the Broadcasting Standards Commission | |
under section 107 of the 1996 Act (code in respect of unjust and unfair | |
treatment and infringements of privacy) is to have effect on and after the | |
transfer under this Act to OFCOM of the Commission’s functions under Part | |
5 of that Act as if it were the code required to be drawn up under that section | 25 |
by OFCOM. | |
Media ownership provisions | |
47 (1) A determination by the ITC or the Radio Authority under paragraph 2(2) of | |
Part 2 of Schedule 2 to the 1990 Act (exemptions from disqualification for | |
religious bodies) which is in force immediately before the relevant transfer | 30 |
date, is to have effect on and after that date as a determination by OFCOM | |
under paragraph 2A of that Part of that Schedule. | |
(2) Any guidance issued by the ITC and the Radio Authority under paragraph | |
2(3) of Part 2 of Schedule 2 to the 1990 Act and in force immediately before | |
the commencement of section 337(3) of this Act is to have effect for the | 35 |
purposes of paragraph 2A of that Part of that Schedule as guidance | |
published under sub-paragraph (5) of paragraph 2A. | |
(3) The following powers under enactments in force before the relevant transfer | |
date shall be exercisable by OFCOM at all times on or after that date in | |
relation to a pre commencement contravention of a requirement imposed by | 40 |
or under Parts 3 to 5 of Schedule 2 to the 1990 Act— | |
(a) all the powers and duties of the ITC under section 5 of the 1990 Act | |
and section 5 of the 1996 Act; | |
(b) all the powers and duties of the Radio Authority under section 88 of | |
the 1990 Act and section 44 of the 1996 Act; and | 45 |
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(c) all the other powers and duties of the ITC or the Radio Authority in | |
relation to contraventions of conditions imposed under section 5 or | |
88 of the 1990 Act or section 5 or 44 of the 1996 Act. | |
(4) For the purpose of determining whether anything occurring after the | |
relevant transfer date is a pre-commencement contravention of a | 5 |
requirement imposed by or under Parts 3 to 5 of Schedule 2 to the 1990 Act, | |
references in those Parts of that Schedule to the ITC or to the Radio | |
Authority are to be construed as including references to OFCOM. | |
(5) In this paragraph— | |
“pre-commencement contravention” means a contravention of a | 10 |
requirement which occurred before the coming into force of the | |
repeal by this Act of the provision by or under which the | |
requirement was imposed; and | |
“the relevant transfer date”— | |
(a) in relation to the ITC, means the television transfer date; and | 15 |
(b) in relation to the Radio Authority, means the radio transfer | |
date. | |
TV licences | |
48 A television licence granted under the Wireless Telegraphy Act 1949 (c. 54) | |
before the coming into force of section 353 of this Act is to have effect after | 20 |
the commencement of that section as a licence for the purposes of that | |
section. | |
Functions under the Enterprise Act 2002 | |
49 (1) This section has effect in so far as, at any time before the coming into force | |
of section 360 of this Act, anything has been done or is treated as done by or | 25 |
in relation to the Director for the purposes of, or in connection with, the | |
carrying out of any of his functions under the Enterprise Act 2002 (c. 40). | |
(2) That thing is to have effect on and after that date, and OFCOM may carry out | |
their functions and continue anything begun by that Director, as if— | |
(a) that thing had been done by or in relation to OFCOM for the | 30 |
purposes of, or in connection with, their functions under that Act by | |
virtue of that section; and | |
(b) the provisions conferring those functions on OFCOM had been in | |
force at the time it was done. | |
(3) Sub-paragraph (1) does not apply to anything that could not be done by or | 35 |
in relation to OFCOM for the purposes of, or in connection with, the carrying | |
out of their functions under the Enterprise Act 2002. | |
(4) Where by virtue of sub-paragraph (3) sub-paragraph (1) does not apply to | |
something, that thing is to have effect, instead, as if done by or in relation to | |
the Office of Fair Trading | 40 |
Functions under the Competition Act 1998 | |
50 (1) This paragraph applies in so far as, at any time before the coming into force | |
of section 361 of this Act, anything has been done by or in relation to the | |
Director for the purposes of, or in connection with, the carrying out of any | |
of his functions under the Competition Act 1998 (c. 41). | 45 |
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(2) That thing is to have effect on and after that date, and OFCOM may carry out | |
their functions and continue anything begun by that Director, as if— | |
(a) that thing had been done by or in relation to OFCOM for the | |
purposes of, or in connection with, their functions under that Act by | |
virtue of that section; and | 5 |
(b) the provisions conferring those functions on OFCOM had been in | |
force at the time it was done. | |
(3) Sub-paragraph (1) does not apply to anything that could not be done by or | |
in relation to OFCOM for the purposes of, or in connection with, the carrying | |
out of their functions under the Competition Act 1998 (c. 41). | 10 |
(4) Where by virtue of sub-paragraph (3) sub-paragraph (1) does not apply to | |
something, that thing is to have effect, instead, as if done by or in relation to | |
the Office of Fair Trading | |
51 (1) Where any regulations made under section 54(4) of the Competition Act | |
1998 (regulations about concurrent functions of regulators and the Office of | 15 |
Fair Trading) are in force at the coming into force of section 361 of this Act, | |
those regulations— | |
(a) shall, from that time have effect in relation to functions exercisable | |
concurrently by virtue of section 361 of this Act as they have effect in | |
relation to functions exercisable concurrently by virtue of Part 2 of | 20 |
Schedule 10 to the Competition Act 1998; but | |
(b) shall so have effect subject to any amendments or revocations | |
coming into force at or after that time. | |
(2) Where, at any time before the coming into force of section 361, anything has | |
been done by or in relation to the Director under or for the purposes of any | 25 |
regulations made under section 54(4) of the Competition Act 1998 that thing | |
is to have effect, so far as necessary for the purposes of paragraph 50 of this | |
Schedule, as if done by or in relation to OFCOM. | |
Newspaper mergers | |
52 (1) Chapter 2 of Part 5 and any related repeals shall, subject to sub-paragraph | 30 |
(2), not apply in relation to— | |
(a) a transfer of a newspaper or of newspaper assets (within the | |
meaning given by section 57(2) of the Fair Trading Act 1973 (c. 41)) | |
which has been made before the coming into force of section 363 of | |
this Act; or | 35 |
(b) a proposed transfer of a newspaper or of newspaper assets in | |
relation to which an application for the consent of the Secretary of | |
State under section 58 of the Act of 1973 has been made before the | |
coming into force of section 363 of this Act. | |
(2) Chapter 2 of Part 5 and any related repeals shall apply in relation to a | 40 |
proposed transfer of a newspaper or of newspaper assets if— | |
(a) an application for the consent of the Secretary of State under section | |
58 of the Act of 1973 has been made; | |
(b) the application is expressed to depend on the operation of subsection | |
(3) or (4) of that section; | 45 |
(c) no consent is given by the Secretary of State under subsection (3) or | |
(4) of that section; and | |
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