(  26  )
	““purposes of public service television broadcasting in the United
	Kingdom” shall be construed in accordance with subsection (4) of
	section 260 and subsections (5) and (6) of that section shall apply for
	the purposes of any provision of this Act referring to such purposes
	as they apply for the purposes of a report under that section;”
199	Page 348     , line 8, after “of” insert “, or in connection with,”
After Clause 401
200	Insert the following new Clause—
	“Modifications consequential on regulations implementing Directives
	(1)    This section applies if it appears to the Secretary of State that regulations
	under section 2 of the European Communities Act 1972 (c. 68) for giving
	effect to Community obligations imposed by the Communications
	Directives have come into force before the passing of this Act.
	(2)    The Secretary of State may by order—
	(a)           repeal any relevant provision of this Act which appears to him to be
	unnecessary, or to have become spent, in consequence of the
	regulations;
	(b)           make such other modifications of the relevant provisions of this Act
	as he considers appropriate in consequence of the regulations;
	(c)           revoke provision made by the regulations; and
	(d)           make transitory or transitional provision in relation to anything
	done by or under the regulations.
	(3)    The Secretary of State’s power under this section includes power to make
	consequential amendments of enactments not contained in this Act.
	(4)    In this section—
	“the Communications Directives” means—
	(a)                 the Access Directive, that is to say, Directive 2002/19/EC of
	the European Parliament and of the Council on access to,
	and interconnection of, electronic communications
	networks and associated facilities;
	(b)                 the Authorisation Directive, that is to say, Directive 2002/
	20/EC of the European Parliament and of the Council on the
	authorisation of electronic communications networks and
	services;
	(c)                 the Framework Directive, that is to say, Directive 2002/21/
	EC of the European Parliament and of the Council on a
	common regulatory framework for electronic
	communications networks and services;
	(d)                 the Universal Service Directive, that is to say, Directive
	2002/22/EC of the European Parliament and of the Council
	(  27  )
	on universal service and users’ rights relating to electronic
	communications networks and services;
	“relevant provision of this Act” means a provision contained in—
	(a)                  Part 1, 2 or 6; or
	(b)                 Chapter 1 of Part 5.
	(5)    No order is to be made containing provision authorised by this section
	unless a draft of the order has been laid before Parliament and approved by
	a resolution of each House.”
Clause 402
201	Page 35  2     , line 39, leave out “or”
Clause 403
202	Page 35  3 , line 5, at end insert—
	“( )       An order under subsection (2) may include provision making such
	transitional or transitory provision, in addition to that made by Schedule
	18, as the Secretary of State considers appropriate in connection with the
	bringing into force of any provisions of this Act; and the power to make
	transitional or transitory provision includes power to make—
	(a)           different provision for different cases (including different provision
	in respect of different areas);
	(b)           provision subject to such exemptions and exceptions as the
	Secretary of State thinks fit; and
	(c)           such incidental, supplemental and consequential provision as he
	thinks fit.”
Schedule 1
203	Page 355  , line 10, leave out paragraph (e)
Schedule 11
204	Page 400, line 37,     at end insert—
	“( )         Where the defaulter is a partnership constituted under the law of
	Scotland, the power of the court to punish the defaulter includes power
	to punish a member of the partnership.”
Schedule 12
205	Page 402, line 43, leave out from “under” to end of line 45 and insert “the BBC
	Charter and Agreement”
206	Page 417, line 8,     leave out “fair treatment of” and insert “equalisation of
	opportunities for”
Schedule 13
207	Page 424   , line 14,     after second “to” insert “television multiplex services and
	general”
208	Page 424   , line 38,     after second “to” insert “television multiplex services and
	(  28  )
	general”
209	Page 426   , line 31,     leave out “national radio multiplex revenue” and insert “relevant
	multiplex services”
210	Page 426   , line 40,     leave out from “revenue” to “is” in line 43 and insert “attributable
	to a person in relation to national radio multiplex services”
211	Page 426, line 44,     leave out from “(3)” to “is” in line 45 and insert—
	“(5B)                A determination or estimate for the purposes of subsection (2A)
	or (5) above of the share of multiplex revenue attributable to a
	person in relation to television multiplex services or general
	multiplex services”
212	Page 427   , line 17,     leave out “national radio multiplex revenue” and insert “relevant
	multiplex services”
213	Page 427   , line 29,     leave out from “revenue” to “is” in line 32 and insert “attributable
	to a person in relation to national radio multiplex services”
214	Page 427, line 33,     leave out from “(3)” to “is” in line 34 and insert—
	“(6B)                A determination or estimate for the purposes of subsection (2A)
	or (6) above of the share of multiplex revenue attributable to a
	person in relation to general multiplex services”
Schedule 15
215	Page 437, line 12, leave out from “fees),” to end of line 16 and insert “the words
	from “and the amount” onwards shall be omitted.”
216	Page 440, line 19, leave out “In”
217	Page 440, line 20, after “licence)” insert “shall be amended as follows.
	(2)”
218	Page 440, line 21, at end insert—
	“(3)         In subsection (2), in the definition of “associated programme provider”,
	for the words from “appears” to “inclusion” there shall be substituted “is
	or is likely to be involved, to a substantial extent, in the provision of the
	programmes included”
219	Page 441   , line 7, leave out paragraph 17
220	Page 447, line 3, leave out from “fees),” to end of line 7 and insert “the words from
	“and the amount” onwards shall be omitted.”
221	Page 450, line 12, after “interpretation)” insert—
	“(a)                in the definition of “associated programme provider”, for the
	words from “appears” to “inclusion” there shall be substituted “is
	or is likely to be involved, to a substantial extent, in the provision
	of the programmes included”; and
	(b)                in the words after the definition of “the relevant period”,”
222	Page 458, line 7, at end insert—
	“( )         In paragraph 1(6) of Part 1 (meaning of “more than a 20 per cent.
	interest”), for “20 per cent.”, wherever occurring, there shall be
	substituted “5 per cent.”.”
	(  29  )
223	Page 461, line 1, leave out from “fees),” to end of line 5 and insert “the words from
	“and the amount” onwards shall be omitted.”
224	Page 463   , line 24,     at end insert—
	“( )                for “a multiplex licence”, in each place, there shall be substituted
	“a television multiplex service or a general multiplex service”;
	( )                for “the multiplex service to which the licence relates”, in each
	place, there shall be substituted “that multiplex service”;”
225	Page 464   , line 24,     at end insert “; and
	(b)                for “a multiplex licence” there shall be substituted “a television
	multiplex service or a general multiplex service”.”
226	Page 470, line 35, leave out sub-paragraph (4) and insert —
	“( )         In subsection (2), sub-paragraph (ii) of paragraph (b) and the word “or”
	immediately preceding it shall be omitted.
	( )         In subsection (3) (fixing of fees), the words from “and the amount”
	onwards shall be omitted.”
227	Page 474   , line 13,     leave out paragraph 116 and insert—
	“116        (1)                  Section 56 of the 1996 Act (multiplex revenue) shall be amended as
	follows.
	(2)         In subsection (1)—
	(a)             for “section 55(1)” there shall be substituted “this Part”;
	(b)             for “the holder of a national radio multiplex licence” there shall
	be substituted “the person who is the multiplex provider in
	relation to a national radio multiplex service”;
	(c)             in paragraph (a)(i), “to which the licence relates” shall be omitted;
	(d)             in paragraphs (c) and (d), for “the holder of the radio multiplex
	licence” there shall be substituted “the multiplex provider”.
	(3)         In subsections (2) to (8)—
	(a)             for “the holder of the radio multiplex licence”, “the licence
	holder” and “the holder of the multiplex licence”, wherever
	occurring, there shall be substituted, in each case, “the multiplex
	provider”; and
	(b)             for “the Authority”, wherever occurring, there shall be
	substituted “OFCOM”.
	(4)         In subsection (9)—
	(a)             for “a national radio multiplex licence”, in each place, there shall
	be substituted “a national radio multiplex service”;
	(b)             for “the radio multiplex service to which the licence relates”, in
	each place, there shall be substituted “that radio multiplex
	service”;
	(c)             after the definition of “additional services provider” there shall
	be inserted—
	“‘multiplex provider’—
	(a)                          in relation to a national radio multiplex service for
	which a person holds a licence under this Part,
	means the licence holder; and
	(b)                          in relation to a national radio multiplex service
	which is not licensed under this Part, means the
	person who provides that service.””

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Revised 10 July 2003