Wireless Telegraphy Bill [HL]

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Session 2005 - 06
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Wireless Telegraphy Bill [HL]

Wireless Telegraphy Bill [HL]
Schedule 8 — Transitional provisions, savings and transitory modifications
Part 1 — Transitional provisions and savings
99

5
Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation
Act 1978 (c. 30) (but do not affect the application of any other provision of
that Act).
6
Paragraphs 2 and 4(1) do not apply to an Order in Council to which
paragraph 24(1) applies.
5
General rule for old savings
7     (1)
The repeal by this Act of an enactment previously repealed subject to
savings does not affect the continued operation of those savings.
      (2)
The repeal by this Act of a saving on the previous repeal of an enactment
does not affect the saving in so far as it remains capable of having effect.
10
Use of existing forms etc
8
A reference to an enactment repealed by this Act which is contained in a
document made, served or issued on or after the commencement of that
repeal is to be read, except so far as a contrary intention appears, as referring
or, as the context may require, including a reference to the corresponding
15
provision of this Act.
Regulatory Reform Act 2001 (c. 6)
9     (1)
This paragraph has effect during the period of two years beginning with the
day on which this Act is passed for the purposes of the making of an order
under section 1 of the 2001 Act in relation to a provision of this Act that
20
reproduces a provision repealed or revoked by this Act.
      (2)
The law contained in such a provision of this Act is legislation for the
purposes of section 1 of the 2001 Act if, at the time the order is made, the
corresponding repealed or revoked provision would have been legislation
for those purposes had it not been repealed or revoked.
25
      (3)
No order under section 1 of the 2001 Act may be made, in relation to a
provision of this Act, if the corresponding repealed provision was amended
otherwise than merely for consequential or incidental purposes—
(a)
by an Act passed not more than two years before the day on which
the order is made, or
30
(b)
by subordinate legislation made not more than two years before that
day.
      (4)
Sub-paragraph (3) does not prevent an order under section 1 of the 2001 Act
re-enacting without substantive amendment the provision of this Act that
reproduces the repealed provision which was so amended.
35
      (5)
Sub-paragraph (3) does not affect the operation of section 1(4) of the 2001 Act
in relation to any amendment made to this Act.
      (6)
The 2001 Act is the Regulatory Reform Act 2001.
Contracted-out functions under section 1 of the Wireless Telegraphy Act 1949
10
An order under Part 2 of the Deregulation and Contracting Out Act 1994
40
(c. 40) which is in force immediately before the commencement of this Act
and, by virtue of paragraph 6 of Schedule 18 to the Communications Act

Wireless Telegraphy Bill [HL]
Schedule 8 — Transitional provisions, savings and transitory modifications
Part 1 — Transitional provisions and savings
100

2003 (c. 21), has effect as if made by virtue of section 1(7) of that Act shall, so
long as the order remains in force, continue to have that effect by virtue of
this paragraph.
Wireless telegraphy licences granted before 18th June 1998
11    (1)
This paragraph has effect in relation to wireless telegraphy licences granted
5
before 18th June 1998 (the date on which section 1 of the Wireless
Telegraphy Act 1998 (c. 6) came into force).
      (2)
Where this paragraph has effect, section 12 is the provision of this Act which,
for the purposes of paragraph 4(1) of this Schedule, corresponds to section
2(1) of the Wireless Telegraphy Act 1949 (c. 54).
10
Procedures treated as prescribed by regulations made by OFCOM
12    (1)
Sub-paragraph (2) applies where, immediately before the commencement of
this Act, procedures have effect, by virtue of paragraph 20(2) or 21(2) of
Schedule 18 to the Communications Act 2003 (c. 21), as if prescribed by
OFCOM by regulations under—
15
(a)
section 1D(3) of the Wireless Telegraphy Act 1949, or
(b)
section 3 of the Wireless Telegraphy Act 1998.
      (2)
In relation to times after the commencement of this Act, the procedures are
to have effect as if prescribed by OFCOM by regulations under—
(a)
paragraph 1 of Schedule 1, or
20
(b)
section 14.
      (3)
A notice under—
(a)
section 1D of the Wireless Telegraphy Act 1949, or
(b)
regulations under section 3 of the Wireless Telegraphy Act 1998,

which is in force immediately before the commencement of this Act and, by
25
virtue of paragraph 20 or 21 of Schedule 18, has effect as if it authorised or
required a thing to be done by or in relation to OFCOM shall, so long as it
remains in force, continue to have that effect by virtue of this paragraph.
Tribunal established under section 9 of the Wireless Telegraphy Act 1949
13
The repeal by this Act of sections 11 and 12 of the Wireless Telegraphy Act
30
1949 does not affect the continued operation of section 11 or 12 (without the
amendments made in those sections by section 178 of the Communications
Act 2003) in relation to a notice under section 11(1) or (2) or section 12(1) that
is served before 25th July 2003.
References to Postmaster General etc
35
14
The repeal by this Act of part of section 3(1)(ii) of the Post Office Act 1969
(c. 48) is not to affect the continued operation of section 3(1)(ii) in relation to
a provision of regulations or a licence where the regulations were made or
the licence was granted under the Wireless Telegraphy Act 1949 before 1st
October 1969 (the day on which functions of the Postmaster General were
40
transferred to the Minister).

Wireless Telegraphy Bill [HL]
Schedule 8 — Transitional provisions, savings and transitory modifications
Part 1 — Transitional provisions and savings
101

Procedure for prosecutions
15    (1)
This paragraph has effect in relation to prosecutions to which section 41 of
this Act applies.
      (2)
The restrictions on the bringing of proceedings which are imposed by
section 41(2) and (3) do not have effect in relation to proceedings started
5
before 25th July 2003 (the date on which section 174 of the Communications
Act 2003 (c. 21) came into force).
Penalties for certain offences triable either way
16
In relation to an offence committed before the commencement of section
282(3) of the Criminal Justice Act 2003 (c. 44), the references in the following
10
provisions to periods of imprisonment of 12 months are to be read as
references to periods of imprisonment of six months—
(a)
section 35(2);
(b)
section 36(2);
(c)
section 37(2);
15
(d)
section 38(6);
(e)
section 47(4);
(f)
section 68(3);
(g)
section 93(1).
Penalties for offences: unauthorised use of wireless telegraphy station etc
20
17
In relation to an offence committed before 18th September 2003 (the date on
which section 179 of the Communications Act 2003 came into force), each of
sections 35(5) and 36(5) is to have effect as if for the words from “is liable” to
the end there were substituted “is liable—
(a)
on summary conviction, to imprisonment for a term not
25
exceeding six months or to a fine not exceeding the statutory
maximum or to both;
(b)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine or to both.”
18
In relation to an offence committed on or after 18th September 2003 but
30
before the commencement of section 281(5) of the Criminal Justice Act 2003,
the references in the following provisions to periods of imprisonment of 51
weeks are to be read as references to periods of imprisonment of six
months—
(a)
section 35(5);
35
(b)
section 36(5).
Penalties for offences: contravening notice under section 55 or 56
19
In relation to an offence committed before the commencement of section 280
of the Criminal Justice Act 2003, section 58(2) has effect as if in paragraph (a)
for the words “to a fine not exceeding level 5 on the standard scale” there
40
were substituted “to imprisonment for a term not exceeding three months or
to a fine not exceeding level 5 on the standard scale or to both”.

Wireless Telegraphy Bill [HL]
Schedule 8 — Transitional provisions, savings and transitory modifications
Part 2 — Transitory modifications
102

Fixed penalties for wireless telegraphy offences
20
Schedule 4 to this Act does not apply to offences committed before the day
which is the relevant commencement date for the purposes of paragraph 27
of this Schedule.
Powers of seizure
5
21
In relation to an offence committed before 18th September 2003 (the date on
which section 179 of the Communications Act 2003 (c. 21) came into force),
section 99(1) of this Act has effect with the omission of paragraph (c).
Forfeiture etc of restricted apparatus
22
Nothing in section 104 of, and Schedule 6 to, this Act applies in relation to
10
apparatus seized before 29th December 2003 (the date on which section 182
of the Communications Act 2003 came into force).
Appeals of wireless telegraphy decisions
23
The repeals made by this Act do not affect the continued operation of
paragraph 23(2) of Schedule 18 to the Communications Act 2003 as regards
15
decisions against which an appeal could have been brought under section 1F
of the Wireless Telegraphy Act 1949 (c. 54).
Orders in Council: section 118
24    (1)
An Order in Council made under a provision that is repealed by this Act and
re-enacted in section 118(3) continues to have effect despite the repeal of that
20
provision.
      (2)
An Order in Council made under section 118(3) may amend or revoke an
Order in Council continued in effect by sub-paragraph (1).
Orders in Council: continental shelf
25    (1)
This paragraph applies in the case of an Order in Council which, as a result
25
of paragraph 63 of Schedule 18 to the Communications Act 2003 (provision
relating to Orders in Council under section 6 of the Continental Shelf Act
1964 (c. 29)), has effect, immediately before the commencement of this Act,
as if made under section 410 of the Communications Act 2003.
      (2)
An Order in Council to which this paragraph applies is to have effect, after
30
the commencement of this Act, as an Order in Council made in exercise of
the powers conferred by section 120.
Part 2
Transitory modifications
Justice (Northern Ireland) Act 2002 (c. 26)
35
26    (1)
This paragraph applies if paragraph 25 of Schedule 7 to the Justice (Northern
Ireland) Act 2002 has not come into force before the commencement of this
Act.

Wireless Telegraphy Bill [HL]
Schedule 8 — Transitional provisions, savings and transitory modifications
Part 2 — Transitory modifications
103

      (2)
Until the relevant commencement date, section 93(4)(b) has effect as if for
“the Advocate General for Northern Ireland” there were substituted “the
Attorney General for Northern Ireland”.
      (3)
The relevant commencement date is—
(a)
if an order has been made before the commencement of this Act
5
appointing a day after that commencement as the day for the coming
into force of paragraph 25 of Schedule 7 to the Justice (Northern
Ireland) Act 2002 (c. 26), the day so appointed;
(b)
otherwise, such day as the Secretary of State may by order appoint.
Communications Act 2003 (c. 21)
10
27    (1)
This paragraph applies if—
(a)
section 180 of the Communications Act 2003, and
(b)
Schedule 6 to that Act,

have not come into force before the commencement of this Act.
      (2)
Until the relevant commencement date, this Act has effect with the omission
15
of—
(a)
section 96, and
(b)
Schedule 4.
      (3)
The relevant commencement date is—
(a)
if an order has been made before the commencement of this Act
20
appointing a day after that commencement as the day for the coming
into force of the provisions mentioned in sub-paragraph (1), the day
so appointed;
(b)
otherwise, such day as the Secretary of State may by order appoint.
Power to make transitional provision
25
28
Section 121(3) of this Act does not apply to an order made by the Secretary
of State under paragraph 26 or 27, but—
(a)
an order under paragraph 26 may make such provision as may be
made by an order under section 89(1) of the Justice (Northern
Ireland) Act 2002 in connection with the coming into force of a
30
provision of that Act, and
(b)
an order under paragraph 27 may make such provision as, by virtue
of section 411(4) of the Communications Act 2003, is authorised to be
made by an order under section 411(2) of that Act.
Saving for old transitional provisions
35
29    (1)
This paragraph applies to any transitional or transitory provision or saving
(“the transitional provision”) made in connection with the coming into force
of any provision of the Justice (Northern Ireland) Act 2002 or the
Communications Act 2003 mentioned in sub-paragraph (1) of paragraph 26
or 27 (“the old enactment”).
40
      (2)
If the old enactment is in force before the commencement of the provision of
this Act reproducing its effect (“the corresponding provision of this Act”),
the transitional provision is to continue to have effect (so far as capable of
doing so) in relation to the corresponding provision of this Act.

Wireless Telegraphy Bill [HL]
Schedule 9 — Repeals and revocations Part 1 — Repeals
104

      (3)
Sub-paragraph (4) applies if—
(a)
sub-paragraph (2) does not apply, but
(b)
before the commencement of this Act an order has been made
appointing a day for the coming into force of the old enactment.
      (4)
The transitional provision is to have effect from the date so appointed in
5
relation to the corresponding provision of this Act.
Schedule 9
Section 125

Repeals and revocations
Part 1
Repeals
10

Short title and chapter
Extent of repeal

Wireless Telegraphy Act 1949
The whole Act.

(c. 54)

Marine, &c., Broadcasting
The whole Act.

(Offences) Act 1967 (c. 41)

15

Wireless Telegraphy Act 1967
Sections 7 to 12.

(c. 72)
In section 13(4) the words from “, and” to the

end.

In section 15—

(a)
subsections (2) and (3), and

20

(b)
in subsection (6) the words “, except for

section 7 of this Act,”.

Post Office Act 1969 (c. 48)
In section 3—

(a)
in subsection (1)(a) the words from the

beginning to “day and”,

25

(b)
in subsection (1)(ii) the words “, rules or

a licence” and “the Wireless Telegraphy

Act 1949 or”, and

(c)
subsection (6).

British Nationality Act 1981
In Schedule 7, the paragraph relating to the

30

(c. 61)
Marine, &c., Broadcasting (Offences) Act

1967.

Criminal Justice Act 1982 (c. 48)
Section 50.

In section 81—

(a)
in subsection (5) the entry relating to

35

section 50, and

(b)
subsection (12)(c)(v).

Telecommunications Act 1984
Part 6.

(c. 12)

Wireless Telegraphy Bill [HL]
Schedule 9 — Repeals and revocations Part 1 — Repeals
105

Short title and chapter
Extent of repeal

Telecommunications Act 1984
In section 101—

(c. 12)—cont.
(a)
in subsection (1)(a) the words “(except

Part 6)”,

(b)
in subsection (2)(a) the words “(except

5

functions assigned by or under Part 6)”,

and

(c)
in subsection (3)(q) the words from

“(excluding” to the end.

Section 104(1B) and (1C).

10

Consumer Protection Act 1987
In Schedule 4, paragraph 9(1).

(c. 43)

Copyright, Designs and Patents
In Schedule 7, paragraph 9.

Act 1988 (c. 48)

Electricity Act 1989 (c. 29)
In Schedule 16, paragraph 6.

15

Broadcasting Act 1990 (c. 42)
Sections 168 to 174.

Section 180(1).

Schedule 16.

In Schedule 18, in Part 1, paragraphs 1 and 3.

Vehicle Excise and Registration
In Schedule 3, paragraph 3.

20

Act 1994 (c. 22)

Merchant Shipping Act 1995
In Schedule 13, paragraph 24.

(c. 21)

Criminal Procedure
In Schedule 4, paragraph 48.

(Consequential Provisions)

25

(Scotland) Act 1995 (c. 40)

Wireless Telegraphy Act 1998
The whole Act.

(c. 6)

Powers of Criminal Courts
In Schedule 9, paragraph 92.

(Sentencing) Act 2000 (c. 6)

30

Regulation of Investigatory
Section 73.

Powers Act 2000 (c. 23)

Justice (Northern Ireland) Act
In Schedule 7, paragraph 25.

2002 (c. 26)

Communications Act 2003
Sections 152 to 184.

35

(c. 21)
In section 393—

(a)
subsection (1)(b), and

(b)
subsection (5)(a), (b) and (l).

Section 394(2)(c).

Section 402(2)(b).

40

Section 404(4)(b) and (c) and (5).

In section 407(1)—

(a)
paragraph (a), and

(b)
in paragraph (c) the words “(a) or”.

In Schedule 1, paragraphs 1 and 2.

45

Schedules 5 to 7.

In Schedule 8, paragraphs 13 to 36.