Wireless Telegraphy Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Wireless Telegraphy Bill [HL]

Wireless Telegraphy Bill [HL]
Schedule 7 — Consequential amendments
92

Schedule 7
Section 123

Consequential amendments
Defamation Act (Northern Ireland) 1955 (c. 11 (N.I.))
1
In section 14 of the Defamation Act (Northern Ireland) 1955 (interpretation)
in subsection (2), for “the Wireless Telegraphy Act, 1949” substitute “the
5
Wireless Telegraphy Act 2006”.
Wireless Telegraphy Act 1967 (c. 72)
2     (1)
Section 5 of the Wireless Telegraphy Act 1967 (offences and enforcement) is
amended as follows.
      (2)
In subsection (1), for “an offence under the principal Act” substitute “an
10
offence under this section”.
      (3)
After that subsection insert—
“(1A)
A person who commits an offence under this section is liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.”
15
      (4)
After subsection (5) insert—
“(6)
Sections 97 and 98 of the Wireless Telegraphy Act 2006 (provision for
entry and search of premises) apply in relation to an offence under
this section as they apply in relation to an offence under that Act
(other than an offence under Part 4 or section 111).”
20
Theatres Act 1968 (c. 54)
3
In section 7 of the Theatres Act 1968 (exceptions for performances given in
certain circumstances) in subsection (3), for “the Wireless Telegraphy Act
1949” substitute “the Wireless Telegraphy Act 2006”.
Port of London Act 1968 (c. xxxii)
25
4
In section 190 of the Port of London Act 1968 (saving for Wireless
Telegraphy Act 1949 etc) in subsection (1), for the words from “apparatus
for” to “Act 1949” substitute “wireless telegraphy apparatus (within the
meaning of the Wireless Telegraphy Act 2006)”.
Local Government Act 1972 (c. 70)
30
5
In section 142 of the Local Government Act 1972 (provision by local
authorities of information relating to their activities) in subsection (1AC), in
paragraph (a), for “the Wireless Telegraphy Act 1949” substitute “Part 2 of
the Wireless Telegraphy Act 2006”.
Thames Barrier and Flood Prevention Act 1972 (c. xlv)
35
6
In section 53 of the Thames Barrier and Flood Prevention Act 1972 (saving
for Wireless Telegraphy Act 1949) for the words from “apparatus for” to
“Act 1949” substitute “wireless telegraphy apparatus (within the meaning of
the Wireless Telegraphy Act 2006)”.

Wireless Telegraphy Bill [HL]
Schedule 7 — Consequential amendments
93

Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)
7
In section 9 of the Road Traffic (Driver Licensing and Information Systems)
Act 1989 (requirement for licence to operate driver information system) in
subsection (3)(a), for “a licence under section 1 of the Wireless Telegraphy
Act 1949” substitute “a licence under section 8 of the Wireless Telegraphy
5
Act 2006”.
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
8
In Article 26(2) of the Police and Criminal Evidence (Northern Ireland)
Order 1989 (offences for which power of summary arrest available) omit the
sub-paragraph (j) relating to section 14(1) of the Wireless Telegraphy Act
10
1949 (c. 54) and at the end insert—
“(r)
an offence under—
(i)
section 35 of the Wireless Telegraphy Act 2006
(unauthorised use etc of wireless telegraphy station
or apparatus) to which section 35(2) applies;
15
(ii)
section 36 of that Act (keeping wireless telegraphy
station or apparatus available for unauthorised use)
to which section 36(2) applies;
(iii)
section 37 of that Act (allowing premises to be used
for unlawful broadcasting);
20
(iv)
section 38 of that Act (facilitating unauthorised
broadcasting);
(v)
section 47 of that Act (misleading messages);
(vi)
section 68 of that Act (deliberate interference).”
Broadcasting Act 1990 (c. 42)
25
9
The Broadcasting Act 1990 is amended as follows.
10
In section 3 (licences under Part 1 of that Act) in subsection (8)(a), for “a
licence under section 1 of the Wireless Telegraphy Act 1949” substitute “a
licence under section 8 of the Wireless Telegraphy Act 2006”.
11
In section 86 (licences under Part 3 of that Act) in subsection (9)(a), for “a
30
licence under section 1 of the Wireless Telegraphy Act 1949” substitute “a
licence under section 8 of the Wireless Telegraphy Act 2006”.
12    (1)
Section 89 (offences giving rise to disqualification) is amended as follows.
      (2)
In subsection (1) (disqualification from holding licence on grounds of
conviction for transmitting offence), for paragraphs (a), (aa), (ab) and (b)
35
substitute—
“(a)
an offence under section 35 of the Wireless Telegraphy Act
2006 (unauthorised use etc of wireless telegraphy station or
apparatus) consisting in the establishment or use of a
wireless telegraphy station, or the installation or use of
40
wireless telegraphy apparatus, for the purpose of making a
broadcast (within the meaning of Part 5 of that Act);
(aa)
an offence under section 36 of that Act (keeping wireless
telegraphy station or apparatus available for unauthorised
use) where the relevant contravention of section 8 of that Act
45
would constitute an offence falling within paragraph (a);

Wireless Telegraphy Bill [HL]
Schedule 7 — Consequential amendments
94

(ab)
an offence under section 37 or 38 of that Act (unlawful
broadcasting offences);
(b)
an offence under Part 5 of that Act (prohibition of
broadcasting from sea or air); or”.
      (3)
In subsection (3)(b) (licence conditions excluding persons disqualified) for “a
5
station for wireless telegraphy” substitute “a wireless telegraphy station”.
13
In section 202 (general interpretation) in subsection (1), for the definitions of
“wireless telegraphy” and “station for wireless telegraphy” substitute—
““wireless telegraphy” and “wireless telegraphy station” each
has the same meaning as in the Wireless Telegraphy Act
10
2006.”
Intelligence Services Act 1994 (c. 13)
14
In section 11 of the Intelligence Services Act 1994 (interpretation and
consequential amendments) in subsection (1)(e), for “the Wireless
Telegraphy Act 1949” substitute “the Wireless Telegraphy Act 2006”.
15
Merchant Shipping Act 1995 (c. 21)
15
In section 91 of the Merchant Shipping Act 1995 (report of dangers to
navigation) in subsection (7), for the definitions of “wireless telegraphy
licence” and “station for wireless telegraphy” substitute—
““wireless telegraphy licence” has the same meaning as in the
20
Wireless Telegraphy Act 2006, and “station for wireless
telegraphy” has the same meaning as “wireless telegraphy
station” in that Act.”
Criminal Procedure (Scotland) Act 1995 (c. 46)
16
In section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty:
25
conditional offer by procurator fiscal) in subsection (9)(a), for “Schedule 6 to
the Communications Act 2003” substitute “Schedule 4 to the Wireless
Telegraphy Act 2006”.
Broadcasting Act 1996 (c. 55)
17
In section 3 of the Broadcasting Act 1996 (licences under Part 1 of that Act)
30
in subsection (8)(a), for “a licence under section 1 of the Wireless Telegraphy
Act 1949” substitute “a licence under section 8 of the Wireless Telegraphy
Act 2006”.
18
In section 42 of that Act (licences under Part 2 of that Act) in subsection
(7)(a), for “a licence under section 1 of the Wireless Telegraphy Act 1949”
35
substitute “a licence under section 8 of the Wireless Telegraphy Act 2006”.
Police Act 1997 (c. 50)
19
In section 108 of the Police Act 1997 (interpretation of Part 3) in subsection
(1), in the definition of “wireless telegraphy”, for “the Wireless Telegraphy
Act 1949” substitute “the Wireless Telegraphy Act 2006”.
40

Wireless Telegraphy Bill [HL]
Schedule 7 — Consequential amendments
95

Terrorism Act 2000 (c. 11)
20
In Schedule 10 to the Terrorism Act 2000 (munitions and transmitters: search
and seizure) in paragraph 1(3), in the definition of “wireless telegraphy”, for
“has the same meaning as in section 19(1) of the Wireless Telegraphy Act
1949” substitute “has the meaning given by section 116 of the Wireless
5
Telegraphy Act 2006”.
Regulation of Investigatory Powers Act 2000 (c. 23)
21
The Regulation of Investigatory Powers Act 2000 is amended as follows.
22    (1)
Section 3 (lawful interception without an interception warrant) is amended
as follows.
10
      (2)
In subsection (4)(a), for “section 5 of the Wireless Telegraphy Act 1949
(misleading messages and interception and disclosure of wireless
telegraphy messages)” substitute “section 48 of the Wireless Telegraphy Act
2006 (interception and disclosure of wireless telegraphy messages)”.
      (3)
In subsection (5)—
15
(a)
for paragraph (a) substitute—
“(a)
the grant of wireless telegraphy licences under the
Wireless Telegraphy Act 2006;”, and
(b)
in paragraph (c), for the words from “any enactment contained” to
“so contained” substitute “—
20
(i)
any provision of Part 2 (other than Chapter 2
and sections 27 to 31) or Part 3 of that Act, or
(ii)
any enactment not falling within sub-
paragraph (i)”.
23
In section 18 (exceptions to section 17) in subsection (12)(c), for “section 5 of
25
the Wireless Telegraphy Act 1949” substitute “section 47 or 48 of the
Wireless Telegraphy Act 2006”.
24
In section 81 (general interpretation) in subsection (1), in the definition of
“wireless telegraphy”, for “the Wireless Telegraphy Act 1949” substitute
“the Wireless Telegraphy Act 2006”.
30
Communications Act 2003 (c. 21)
25
The Communications Act 2003 is amended as follows.
26
In section 14 (consumer research) in subsection (2), for “the Wireless
Telegraphy Act 1949 (c. 54)” substitute “the Wireless Telegraphy Act 2006”.
27
In section 190 (resolution of disputes referred to OFCOM) in subsection
35
(4)(c), for “regulations under section 1 or 3 of the Wireless Telegraphy Act
1949 (c. 54)” substitute “regulations under section 8 or 45 of the Wireless
Telegraphy Act 2006”.
28
In section 192(1) (appeals: decisions subject to appeal)—
(a)
in paragraph (a), for “, the Wireless Telegraphy Act 1949 (c. 54) or the
40
Wireless Telegraphy Act 1998 (c. 6)” substitute “or any of Parts 1 to 3
of the Wireless Telegraphy Act 2006”, and
(b)
in paragraph (d)(iv), for “section 156” substitute “section 5 of the
Wireless Telegraphy Act 2006”.

Wireless Telegraphy Bill [HL]
Schedule 7 — Consequential amendments
96

29
In section 364 (TV licences) in subsection (2)(f), for “the Wireless Telegraphy
Act 1949 (c. 54)” substitute “the Wireless Telegraphy Act 2006”.
30
In section 366 (powers to enforce TV licensing) in subsection (10), in the
definition of “interference”, for “the Wireless Telegraphy Act 1949 (c. 54)”
substitute “the Wireless Telegraphy Act 2006”.
5
31
In section 393 (general restrictions on disclosure of information) in
subsection (5), after paragraph (n) insert—
“(na)
the Wireless Telegraphy Act 2006;”.
32
In section 400 (destination of licence fees and penalties), in subsection (1)—
(a)
in paragraph (c), for “the Wireless Telegraphy Act 1998 (c.6)”
10
substitute “Chapter 1 or 2 of Part 2 of the Wireless Telegraphy Act
2006”, and
(b)
in paragraph (d), for “section 175” substitute “section 42 of that Act”.
33    (1)
Section 401 (power of OFCOM to retain costs of carrying out spectrum
functions) is amended as follows.
15
      (2)
In subsection (1), for “the Wireless Telegraphy Act 1998 (c.6)” substitute
“Chapter 1 or 2 of Part 2 of the Wireless Telegraphy Act 2006”.
      (3)
In subsection (5), for paragraphs (b) to (g) (and the word “and” following
paragraph (g)) substitute—
“(b)
their functions under section 1(1) and (2) of the Wireless
20
Telegraphy Act 2006 so far as carried out in relation to the use
of the electromagnetic spectrum at places outside the United
Kingdom, and their functions under section 1(5);
(c)
their functions under section 4 of that Act;
(d)
their functions under section 7 of that Act;
25
(e)
their functions under section 30 of that Act;
(f)
their functions under sections 42 to 44 of that Act;
(g)
any functions conferred on them under sections 47 to 49 of
that Act; and”.
      (4)
In paragraph (h) of that subsection, for “or 152(8) of this Act” substitute “of
30
this Act or section 1(8) of the Wireless Telegraphy Act 2006”.
34    (1)
Section 405 (general interpretation) is amended as follows.
      (2)
In subsection (1), in the definition of “the enactments relating to the
management of the radio spectrum”—
(a)
for paragraphs (a) to (f) (and the word “and” following paragraph
35
(f)) substitute—
“(a) the Wireless Telegraphy Act 2006; and”,

and
(b)
for paragraph (g) substitute—
“(g) the provisions of this Act so far as relating to that
40
Act;”.
      (3)
In that subsection, for the definition of “wireless telegraphy” substitute—
““wireless telegraphy” has the same meaning as in the Wireless
Telegraphy Act 2006;”.
      (4)
In that subsection, for the definition of “wireless telegraphy licence”
45

Wireless Telegraphy Bill [HL]
Schedule 7 — Consequential amendments
97

substitute—
““wireless telegraphy licence” means a licence granted under
section 8 of the Wireless Telegraphy Act 2006.”
35
In section 410 (application of enactments to territorial sea and other waters)
in subsection (1)—
5
(a)
in paragraph (b), after “that Part” insert “or the Wireless Telegraphy
Act 2006”, and
(b)
in paragraph (c), after “made” insert “or a matter as respects which
the Wireless Telegraphy Act 2006 makes provision”.
36
In Schedule 8 (decisions not subject to civil appeal), omit paragraphs 13 to 36
10
and at end insert—
“Wireless Telegraphy Act 2006
37
A decision relating to the publication of the United Kingdom Plan
for Frequency Authorisation.
38
A decision in exercise of the functions conferred on OFCOM by
15
section 1 as to—
(a)
the services, records and advice to be provided,
maintained or given by them;
(b)
the research to be carried out or the arrangements made for
carrying it out; or
20
(c)
the making or terms of any grant.
39
A decision under section 4 or 7.
40
A decision given effect to—
(a)
by regulations under section 8(3), 12, 14, 18, 21, 23, 27, 30,
45 or 54 or paragraph 1 of Schedule 1 or paragraph 1 of
25
Schedule 2;
(b)
by an order under section 29 or 62.
41
A decision relating to the recovery of a sum payable to OFCOM
under section 15 or 24.
42
A decision given effect to by regulations under section 31 and any
30
decision under any such regulations.
43
A decision relating to the making or revision of a statement
under—
(a)
section 34, or
(b)
section 44.
35
44
A decision to impose a penalty under section 42(1).
45
A decision for the purposes of section 59.
46
A decision relating to an authority under section 62(5).”
Income Tax (Trading and Other Income) Act 2005 (c. 5)
37
In section 146 of the Income Tax (Trading and Other Income) Act 2005
40
(meaning of “relevant telecommunication right”), in paragraph (a) (wireless
telegraphy licence), for the words from “granted” to “licences),” substitute

Wireless Telegraphy Bill [HL]
Schedule 8 — Transitional provisions, savings and transitory modifications
Part 1 — Transitional provisions and savings
98

“granted under section 8 of the Wireless Telegraphy Act 2006 in accordance
with regulations made under section 14 of that Act (bidding for licences),”.
Commissioners for Revenue and Customs Act 2005 (c. 11)
38
In Part 1 of Schedule 2 to the Commissioners for Revenue and Customs Act
2005 (functions of Commissioners and officers: restrictions)—
5
(a)
in paragraph 1, for “an authority under section 5 of the Wireless
Telegraphy Act 1949 (interception, &c.)” substitute “an authority for
the purposes of section 48 of the Wireless Telegraphy Act 2006
(interception, &c.)”, and
(b)
for the italic cross-heading before that paragraph substitute “Wireless
10
Telegraphy Act 2006 (c. 00)”.
Schedule 8
Section 124

Transitional provisions, savings and transitory modifications
Part 1
Transitional provisions and savings
15
General provisions
1
The substitution of provisions of this Act for provisions repealed or revoked
by it does not affect the continuity of the law.
2
Anything done, or having effect as if done, under or for the purposes of a
provision repealed by this Act (including subordinate legislation so made or
20
having effect as if so made), and in force or effective immediately before the
commencement of this Act, has effect after that commencement as if done
under or for the purposes of the corresponding provision of this Act.
3
A reference (express or implied) in this Act or another enactment, or in an
instrument or document, to a provision of this Act is (so far as the context
25
permits) to be read as (according to the context) being or including a
reference to the corresponding provision repealed by this Act, in relation to
times, circumstances or purposes in relation to which the repealed provision
had effect.
4     (1)
A reference (express or implied) in an enactment, or in an instrument or
30
document, to a provision repealed by this Act is (so far as the context
permits) to be read as (according to the context) being or including a
reference to the corresponding provision of this Act, in relation to times,
circumstances and purposes in relation to which that corresponding
provision has effect.
35
      (2)
In particular, where a power conferred by an Act is expressed to be
exercisable in relation to enactments contained in Acts passed before or in
the same Session as the Act conferring the power, the power is also
exercisable in relation to provisions of this Act that reproduce such
enactments.
40