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    (  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—

  

“Sections 30 to 36.”

 

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.”

 

 
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