|
| |
| | ( 37 ) |
| |
| | “(a) any provision to which effect is given, after the abolition of |
| | licensing, by a continuation notice” |
252 | Page 535, line 4, leave out “the conditions” and insert “anything” |
253 | Page 538, line 22, leave out from “to” to “is” in line 23 and insert “his becoming |
| | subject to a direction by virtue of which he” |
254 | Page 538, line 26, at end insert— |
| | “( ) In sub-paragraph (5) the reference to a person’s becoming subject to a |
| | direction by virtue of which he is prohibited from providing the whole |
| | or a part of an electronic communications network— |
| | (a) does not include a reference to his becoming subject to a direction |
| | imposing a prohibition for a fixed period of less than eighteen |
| | months or to a direction that will have to be revoked if not |
| | confirmed; but |
| | (b) except in the case of a direction imposing a prohibition for such |
| | a fixed period, does include a reference to the confirmation of a |
| | direction that would otherwise have had to be revoked.” |
255 | Page 540, line 2, at end insert— |
| | “(1A) Where a dispute— |
| | (a) has arisen or arises about anything occurring or existing before |
| | the time when the revocation of those regulations comes into |
| | force (“the relevant time”), |
| | (b) relates to matters disputes about which would (before that time) |
| | have been referable to the Director under regulation 6, |
| | (c) is neither a dispute which was referred to him before that time |
| | nor a dispute arising after that time which is referable to OFCOM |
| | under section 182, and |
| | (d) is referred to OFCOM after that time either during the |
| | transitional period or in a case in which OFCOM are satisfied that |
| | the circumstances that prevented the making of a reference |
| | before the end of that period are exceptional, |
| | sub-paragraph (1) is to have effect as if the dispute were a dispute arising |
| | before the relevant time in the case of which a reference to the Director |
| | had been made under regulation 6 before that time.” |
256 | Page 540, line 4, after “(1)” insert or “or (1A)” |
257 | Page 540, line 16, at end insert— |
| | “( ) But OFCOM are not to give a direction by virtue of sub-paragraph (2)(a) |
| | containing provision which they would have no power to include in— |
| | (a) a condition set under Chapter 1 of Part 2 of this Act; or |
| | (b) a direction under section 187.” |
258 | Page 540, line 25, leave out from “consider” to end of line 27 and insert “that the |
| | direction makes provision corresponding to that which they have power to include |
| | in— |
| | (a) conditions set under Chapter 1 of Part 2 of this Act; or |
| | (b) directions under section 187.” |
259 | Page 540, line 29, leave out from beginning to end of line 30 and insert “(in whole |
| | or in part) a direction which— |
| | (a) was given by virtue of sub-paragraph (2)(a); or |
|
| |
| | ( 38 ) |
| |
| | (b) is a direction to which a notice under sub-paragraph (4) |
| | relates.” |
260 | Page 540, line 30, at end insert— |
| | “(6A) Where a direction which OFCOM have power to revoke under sub- |
| | paragraph (6) makes provision corresponding to anything that OFCOM |
| | have power to include in a condition set under Chapter 1 of Part 2 of this |
| | Act, it shall be their duty, as soon as reasonably practicable after giving |
| | the direction or (as the case may be) the notice under sub-paragraph |
| | (4)— |
| | (a) to take all steps necessary for enabling them to decide whether or |
| | not to set such a condition for the purpose of replacing the |
| | direction; and |
| | (b) to decide whether or not to exercise their power to set a condition |
| | under that Chapter for that purpose. |
| | (6B) It shall be the duty of OFCOM— |
| | (a) as soon as reasonably practicable after making a decision |
| | required by sub-paragraph (6A), but |
| | (b) in a case where that decision is a decision to set a condition, not |
| | before the coming into force of that condition, |
| | to give a notice under sub-paragraph (6) revoking the direction in |
| | question. |
| | (6C) The duties imposed by sub-paragraphs (6A) and (6B) apply only where |
| | OFCOM have not previously revoked the direction in question.” |
261 | Page 540, line 32, at end insert— |
| | “( ) In this paragraph “transitional period” means the period which is the |
| | transitional period (within the meaning of section 401) in relation to this |
| | paragraph.” |
262 | Page 542 , line 12, at end insert— |
| | “Transitory amendments to telecommunications terms in Broadcasting Act 1990 |
| | 23A (1) This paragraph has effect, in the case of each of the provisions of the 1990 |
| | Act to which it applies, in relation to times between— |
| | (a) the commencement of Chapter 1 of Part 2 of this Act; and |
| | (b) the commencement of so much of this Act (apart from this |
| | paragraph) as amends or repeals that provision. |
| | (2) The provisions of the 1990 Act set out in sub-paragraph (3) shall have |
| | effect (subject to sub-paragraph (4)) as if— |
| | (a) for every reference to a telecommunication system there were |
| | substituted a reference to an electronic communications network; |
| | and |
| | (b) for references to running such a system there were substituted |
| | references to providing it. |
| | (3) Those provisions of the 1990 Act are— |
| | (a) section 46 (licensable programme services); |
| | (b) section 51(1)(a) (procedures for consideration of applications for |
| | additional services licences); |
| | (c) section 72 (local delivery services); |
|
| |
| | ( 39 ) |
| |
| | (d) section 75 (procedures for consideration of applications for local |
| | delivery licences); |
| | (e) section 112 (licensable sound programme services); |
| | (f) section 117(1)(a) (procedures for consideration of applications for |
| | additional services licences); |
| | (g) section 181 (apparatus deemed to be apparatus for wireless |
| | telegraphy). |
| | (4) Sections 46(2) (licensable programme services), 112(2) (licensable sound |
| | programme services) and 201(2) (programme services) of the 1990 Act |
| | shall each have effect as if for paragraph (b) there were substituted— |
| | “(b) a service which satisfies the conditions in section |
| | 230(5) of the Communications Act 2003;”. |
| | (5) In sections 48 and 114 of the 1990 Act (additional services), references to |
| | electronic signals shall have effect as references to signals within the |
| | meaning of section 29 of this Act. |
| | (6) Section 75(2) of the 1990 Act (consultation with relevant licensing |
| | authorities) shall have effect as if in paragraph (b) for the words “would |
| | be required to be licensed” there were substituted “is a system which |
| | (but for repeals made by the Communications Act 2003) would have |
| | been required to be licensed”. |
| | (7) In section 181 of the 1990 Act (apparatus deemed to be apparatus for |
| | wireless telegraphy), “connected”— |
| | (a) shall continue to be construed in accordance (notwithstanding its |
| | repeal) with section 4 of the 1984 Act; but |
| | (b) shall be so construed as if, in that section of the 1984 Act, a |
| | reference to an electronic communications network were |
| | substituted for every reference to a telecommunication system. |
| | (8) Part 5 of Schedule 2 to the 1990 Act (restriction on holding of licences by |
| | operators of public telecommunication systems) and the Broadcasting |
| | (Restrictions on the Holding of Licences) Order 1991 (S.I. 1991/1176) |
| | shall have effect as if references to a national public telecommunications |
| | operator were references to a person who provides an electronic |
| | communications network so as to make it available for use by members |
| | of the public in the whole, or substantially the whole, of the United |
| | Kingdom.” |
263 | Page 545, line 2, leave out paragraph 32 and insert— |
| | “Continuity in relation to appointed news provider |
| | 32 Where a body holds an appointment for the purposes of section 31(2) of |
| | the 1990 Act immediately before the date of the commencement of |
| | section 276 of this Act— |
| | (a) that appointment shall have effect in relation to times on and |
| | after that date as an appointment for the purposes of |
| | arrangements entered into in accordance with conditions |
| | imposed under section 276 of this Act; |
| | (b) the arrangements under which that appointment was made shall |
| | have effect in relation to such times as arrangements so entered |
| | into; and |
| | (c) so much of the appointment or arrangements, or of any |
| | agreement to which the body is a party, as makes provision by |
| | reference to the body’s ceasing to be nominated under section 32 |
|
| |
| | ( 40 ) |
| |
| | of the 1990 Act shall have effect in relation to such times as if |
| | references to ceasing to be so nominated were references to |
| | becoming a body falling within section (Disqualification from |
| | appointment as news provider)(2) of this Act.” |
264 | Page 553, line 35, at end insert— |
| | “57A References in paragraphs 56 and 57 to Chapter 2 of Part 5 do not include |
| | references to subsections (2) to (4) of section 382 (powers to make |
| | transitional and consequential amendments etc.).” |
265 | Page 554, line 29, at end insert— |
| | “(9) Section 395 of this Act shall not apply in relation to the power of the |
| | Secretary of State to make an order under section 91(6)(a) of the |
| | Enterprise Act 2002 (c. 40) as applied by virtue of sub-paragraph (7)(b) |
| | above but supplementary provisions of Part 3 of the Enterprise Act 2002 |
| | which relate to the making of an order under section 91(6)(a) of that Act |
| | shall apply in relation to the making of an order under that provision as |
| | applied by virtue of sub-paragraph (7)(b) above.” |
Schedule 19 |
266 | Page 559, line 26, column 2, at end insert— |
| | | “In section 4(3), the words from “and the | | | | | | amount” onwards.” | | |
|
267 | Page 559, column 2, leave out lines 45 and 46 and insert— |
|
268 | Page 560, line 36, column 2, leave out from “section” |
| | | “87— | | | | | | (a) in subsection (2)(b), sub-paragraph (ii) and | | | | | | the word “or” immediately preceding it; | | | | | | (b) in subsection (3), the words from “and the | | | | | | amount” onwards.” | | |
|
269 | Page 562, line 12, column 2, leave out ““advertising agency”, of” |
270 | Page 562, column 2, leave out lines 20 to 22 |
271 | Page 562, column 2, leave out line 40 |
272 | Page 564, line 20, column 2, at end insert— |
| | | “In section 4(3), the words from “and the | | | | | | amount” onwards.” | | |
|
|
