Section 406
1 (1) In any Act or instrument amended by this Schedule—
“communications service” means any of the following services—
an electronic communications service;
the provision of directory information by means of an electronic communications network for the purpose of facilitating the use of an electronic communications service provided by means of that network;
the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of apparatus which is or is to be connected to an electronic communications network;
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of this Act;
“electronic communications code network” means—
so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106; and
an electronic communications network which the Secretary of State or a Northern Ireland department is providing or proposing to provide;
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106;
“electronic communications network” and “electronic communications service” each has the same meaning as in this Act;
“former PTO” means a person—
who is a provider of a public electronic communications network or a public electronic communications service which, immediately before the date on which the repeal by this Act of section 7 of the Telecommunications Act 1984 (c. 12) comes into force, was designated as a public telecommunication system under section 9 of that Act; and
who, immediately before that date, was authorised to provide that network or service by a licence to which section 8 of that Act applied;
“operator”, in relation to an electronic communications code network, means—
the electronic communications code operator providing that network; or
the Secretary of State or a Northern Ireland department, to the extent that they are providing or proposing to provide that network;
“provide” and cognate expressions, in relation to an electronic communications network, an electronic communications service or associated facilities, are to be construed in accordance with section 32(4) of this Act;
“public electronic communications network” and “public electronic communications service” each has the same meaning as in Chapter 1 of Part 2 of this Act.
(2) In this paragraph—
(a) “conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system shall be construed in accordance with paragraph 1(3A) of that code;
(b) “electronic communications code”, “electronic communications code network”, “electronic communications code operator”, “public electronic communications network” and “public electronic communications service” each has the meaning given in sub-paragraph (1).
2 For the purposes of the Official Secrets Act 1911 (c. 28), any electronic communications station or office belonging to, or occupied by, the provider of a public electronic communications service shall be a prohibited place.
3 In section 194(4) of the Law of Property Act 1925 (c. 20) (exceptions from restrictions on inclosure of commons), for the words from “telecommunication apparatus” onwards there shall be substituted “electronic communications apparatus installed for the purposes of an electronic communications code network.”
4 In section 10 of the Public Health Act 1925 (c. 71) (Crown application), for the words from “telecommunication apparatus” to “system” there shall be substituted “electronic communications apparatus kept installed for the purposes of an electronic communications code network”.
5 (1) The London Overground Wires, etc. Act 1933 (c. xliv) shall be amended as follows.
(2) In section 11 (saving for safety regulations), for “any telecommunication apparatus made” there shall be substituted “any electronic communications apparatus made”.
(3) In section 14 (savings in respect of telecommunications code system)—
(a) for “telecommunication apparatus kept installed for the purposes of a telecommunications code system” there shall be substituted “electronic communications apparatus kept installed for the purposes of an electronic communications code network”;
(b) for the words from “conferred by” onwards there shall be substituted “conferred by or in accordance with the electronic communications code on the operator of any such network.”
6 (1) Section 1 of the Wireless Telegraphy Act 1949 (c. 54) (licensing wireless telegraphy) shall be amended as follows.
(2) In subsection (1)—
(a) for paragraphs (a) and (b) there shall be substituted “by OFCOM;”; and
(b) in the proviso, for the words from “Provided” to “by regulations” there shall be substituted “Provided that OFCOM may by regulations”.
(3) After subsection (1) there shall be inserted—
“(1AA) Subsection (1) shall not apply to the use of a television receiver (within the meaning of Part 4 of the Communications Act 2003) for receiving a television programme or to the installation of a television receiver for use solely for that purpose.”
(4) In subsection (2), for paragraphs (a) and (b) there shall be substituted “as OFCOM think fit,”.
(5) In subsection (3), for the words from “revoked by” to “BBC” there shall be substituted “revoked by OFCOM”.
(6) In subsection (4), for the words from “notice in writing of” to “served”, in the first place where it occurs, there shall be substituted “notice in writing from OFCOM served by them”.
(7) In subsection (5), for the words from “surrendered” to “so to do” there shall be substituted “surrendered to OFCOM if required by them to do so”.
7 In section 1C of that Act (prohibition on Acts facilitating unauthorised broadcasting), for subsection (4) there shall be substituted—
“(4) The cases in which a person is to be taken for the purposes of this section as advertising by means of a broadcast include any case in which he causes or allows it to be stated, suggested or implied that entertainment included in the broadcast—
(a) has been supplied by him; or
(b) is provided wholly or partly at his expense.”
8 (1) Section 1D of that Act (procedure for grant of licences for providing a telecommunications service) shall be amended as follows.
(2) For the words “the Secretary of State”, “himself” and “he”, wherever occurring, there shall be substituted, respectively, “OFCOM”, “themselves” and “they”.
(3) Subsections (1) and (2) (which confine sections 1D to 1F to licences for the purposes of a telecommunications service) shall cease to have effect.
(4) For subsection (3) there shall be substituted—
“(3) An application for a grant of a wireless telegraphy licence shall be determined in accordance with procedures prescribed in regulations made by OFCOM.”
(5) In subsection (4), for “specified under subsection (3) shall include” there shall be substituted “must include provision for”.
(6) After subsection (4) there shall be inserted—
“(4A) The time limits fixed for the purposes of subsection (4) in relation to any application made after the coming into force of this subsection must require a decision on the application to be made, notified to the applicant and published—
(a) in the case of an application for a licence relating to a frequency allocated in accordance with the United Kingdom Plan for Frequency Authorisation, not more than six weeks after the day of the receipt of the application; and
(b) in any other case, as soon as possible after the receipt of the application.
(4B) The period of six weeks specified in subsection (4A)(a) may be extended by OFCOM where it appears to them necessary to do so—
(a) for the purpose of enabling the requirements of any international agreement relating to frequencies or to orbital positions or to satellite Co-ordination to be complied with; or
(b) in a case where a determination falls to be made as to which of a number of applicants is the more or most suitable to be licensed, for the purpose of securing that the procedure for the making of that determination is fair, reasonable, open and transparent.
(4C) That period shall not be extended by virtue of subsection (4B)(b) by more than eight months.”
(7) In subsection (5) for “requires” there shall be substituted “require”.
(8) In subsection (6)—
(a) for “proposes” there shall be substituted “propose”;
(b) for “28 days” there shall be substituted “one month”.
(9) Subsections (7) and (8) shall cease to have effect.
(10) For subsection (9) there shall be substituted—
“(9) In imposing terms, provisions or limitations of a wireless telegraphy licence, OFCOM shall impose only those that they are satisfied are—
(a) objectively justifiable in relation to the networks and services to which they relate;
(b) not such as to discriminate unduly against particular persons or against a particular description of persons;
(c) proportionate to what they are intended to achieve; and
(d) in relation to what they are intended to achieve, transparent.”
9 (1) Section 3 of that Act (regulations as to wireless telegraphy) shall be amended as follows.
(2) In subsection (1), for the words before paragraph (a) there shall be substituted “OFCOM may make regulations—”.
(3) After subsection (2) there shall be inserted—
“(2A) The approval of the Secretary of State is required for the making by OFCOM of any regulations under this section.
(2B) A statutory instrument containing regulations made by OFCOM under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
10 No appeal shall be brought to the tribunal established under section 9 of that Act (appeals tribunal in relation to decisions about interference) in respect of any decision made after the coming into force of section 192 of this Act.
11 (1) Section 10 of that Act (regulations as to radiation of electro-magnetic energy etc.) shall be amended as follows.
(2) In subsection (1), for the words before paragraph (a) there shall be substituted “OFCOM may make regulations for either or both of the following purposes—”.
(3) In subsection (2), for the words from the beginning to “fit” there shall be substituted “The requirements prescribed under subsection (1) shall be such as OFCOM think fit”.
(4) After subsection (4) there shall be inserted—
“(4A) The approval of the Secretary of State is required for the making by OFCOM of any regulations under this section.
(4B) A statutory instrument containing regulations made by OFCOM under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
12 (1) Section 11 of that Act (enforcement of regulations as to apparatus) shall be amended as follows.
(2) In subsection (1)—
(a) for the words before paragraph (a) there shall be substituted “If OFCOM are of the opinion—”;
(b) for “he considers” there shall be substituted “they consider”;
(c) for “he may” there shall be substituted “OFCOM may”;
(d) for the words from “or, if” to “fit” there shall be substituted “or, if OFCOM think fit”;
(e) in paragraph (ii) of the proviso, for the words from the beginning to “satisfied” there shall be substituted “if OFCOM are satisfied”.
(3) In subsection (2), for the words from “notice in writing by” to “served”, in the first place where it occurs, there shall be substituted “notice in writing from OFCOM served by them”.
(4) In subsection (7), for the words from “notice” to “section” there shall be substituted “notice from OFCOM under this section”.
13 (1) Section 12 of that Act (enforcement of regulations as to sales etc.) shall be amended as follows.
(2) In subsection (1)—
(a) for the words from the beginning to “opinion” there shall be substituted “If OFCOM are of the opinion”; and
(b) for “he” there shall be substituted “OFCOM”.
(3) In subsection (5), for the words from “by” onwards there shall be substituted “by OFCOM, be guilty of an offence.”
14 (1) Section 14 of that Act (penalties and legal proceedings) shall be amended as follows.
(2) In subsection (1), for paragraph (a) substitute—
“(a) any offence under section 5(1)(a) of this Act; or”.
(3) In subsection (1A)—
(a) in paragraph (c), for “of the Secretary of State” there shall be substituted “from OFCOM”; and
(b) paragraph (e) shall cease to have effect.
(4) In subsection (3)—
(a) paragraph (b) shall cease to have effect; and
(b) for “the Secretary of State” there shall be substituted “OFCOM”.
(5) In subsections (3A), (3B), (3D) and (3E), for “the Secretary of State” there shall be substituted “OFCOM”.
(6) In subsection (3B), for “he thinks” there shall be substituted “they think”.
(7) In subsection (3D), for “him” there shall be substituted “them”.
(8) In subsection (7) (enforcement by civil proceedings)—
(a) after the words “the Crown”, in the first place where they occur, there shall be inserted “or by OFCOM,”; and
(b) for the words from “In the application” onwards there shall be substituted—
“In the application of this section to Scotland for the words from “civil proceedings” to “appropriate relief” there shall be substituted “civil proceedings by the Advocate General for Scotland, or by OFCOM, for an interdict or for any other appropriate remedy or relief.””
15 (1) Section 15 of that Act (powers of entry) shall be amended as follows.
(2) In subsection (1), for paragraphs (a) and (b) and the words “, with or without any constables,” there shall be substituted “any constable or any person or persons authorised for the purpose by OFCOM or the Secretary of State”.
(3) After that subsection there shall be inserted—
“(1A) Where a person authorised by OFCOM or the Secretary of State is authorised by a warrant under subsection (1) to enter any premises, he is to be entitled to exercise that warrant alone or to exercise it accompanied by one or more constables.”
(4) In subsection (2)—
(a) in paragraph (b), for the words from “enable” to “decide” there shall be substituted “enable OFCOM to decide”;
(b) in paragraph (c), for the words from “behalf” to “producing” there shall be substituted “behalf by OFCOM and producing”;
(c) in the words after paragraph (c), for the words from “behalf” to “with” there shall be substituted “behalf by OFCOM, with”;
(d) in paragraph (i) of the proviso, for the words from “that”, in the first place where it occurs, to “satisfied” there shall be substituted “that OFCOM are satisfied”.
(5) In subsection (2A) for “the BBC” there shall be substituted “OFCOM”.
16 (1) Section 16 of that Act (regulations and orders) shall be amended as follows.
(2) After subsection (1) there shall be inserted—
“(1A) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to every power of OFCOM to make regulations under a provision of this Act.”
(3) In subsection (2), for the words from the beginning to “him” there shall be substituted “Any power conferred on the Secretary of State”.
17 In section 19 of that Act (interpretation), after subsection (2) there shall be inserted—
“(2AA) In this Act “OFCOM” means the Office of Communications.”
18 In Schedule 1 to that Act (procedures in relation to wireless personnel), for paragraph 3 there shall be substituted—
“3 The Secretary of State is to pay—
(a) the expenses incurred by an advisory committee under this Schedule, to the extent determined by him; and
(b) such sums as he may determine in respect of the expenses of the members of the committee.”
19 In section 47 of the Coast Protection Act 1949 (c. 74) (savings), in paragraph (b), for the words from “the telecommunications code” to “system” there shall be substituted “the electronic communications code on the operator of an electronic communications code network”.
20 (1) The National Parks and Access to the Countryside Act 1949 (c. 97) shall be amended as follows.
(2) In section 20(2) (byelaws for protection of nature reserves not to interfere with certain rights)—
(a) for “the running of a telecommunications code system” there shall be substituted “the provision of an electronic communications code network”;
(b) for “the telecommunications code” there shall be substituted “the electronic communications code”;
(c) for “such system” there shall be substituted “such network”.
(3) In section 60(5)(f) (exceptions from rights of public where access agreement etc. in force), for “or a telecommunications code system” there shall be substituted “or an electronic communications code network”.
21 In section 7(6) of the London County Council (General Powers) Act 1949 (c. lv) (interference by works etc. for provision of heat), for “telecommunication apparatus kept installed for the purposes of a telecommunications code system” there shall be substituted “electronic communications apparatus kept installed for the purposes of an electronic communications code network”.
22 (1) Section 6 of the Local Government (Miscellaneous Provisions) Act 1953 (c. 26) (supplementary provisions as to omnibus shelters etc.) shall be amended as follows.
(2) For “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”.
(3) In subsection (1)—
(a) for “a telecommunications code system” there shall be substituted “an electronic communications code network”;
(b) for “that system” there shall be substituted “that network”.
(4) In subsection (2), for “system” there shall be substituted “network”.
23 In section 44B(1)(b) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) (interference etc. with equipment, messages or signals), for “a telecommunication system” there shall be substituted “an electronic communications network”.
24 In section 44B(1)(b) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (interference etc. with equipment, messages or signals), for “a telecommunication system” there shall be substituted “an electronic communications network”.
25 In section 17(2) of the Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955 (c. 15 (N.I.)) (application of paragraph 23 of telecommunications code)—
(a) for “the telecommunications code” there shall be substituted “the electronic communications code”;
(b) for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”.
26 In section 29B(1)(b) of the Naval Discipline Act 1957 (c. 53) (interference etc. with equipment, messages or signals), for “a telecommunication system” there shall be substituted “an electronic communications network”.
27 (1) In section 45 of the Opencast Coal Act 1958 (c. 69) (saving for apparatus installed for the purposes of telecommunications code system)—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(b) for “a telecommunications code system”, wherever occurring, there shall be substituted “an electronic communications code network”;
(c) for “the telecommunications code”, wherever occurring, there shall be substituted “the electronic communications code”;
(d) for “that system” there shall be substituted “that network”.
28 In section 40 of the Pipe-lines Act 1962 (c. 58) (avoidance of interference with telecommunications code systems)—
(a) for “telecommunication apparatus”, in both places, there shall be substituted “electronic communications apparatus”;
(b) for “a telecommunications code system” there shall be substituted “an electronic communications code network”;
(c) for “such system” there shall be substituted “such network”;
(d) for “the telecommunications code” there shall be substituted “the electronic communications code”.
29 In section 17(4)(a) of the London County Council (General Powers) Act 1963 (c. xvii) (interference from provision of illuminations, floodlighting, etc.), for “telecommunication apparatus kept installed for the purposes of a telecommunications code system” there shall be substituted “electronic communications apparatus kept installed for the purposes of an electronic communications code network”.
30 In section 53 of the Harbours Act 1964 (c. 40) (application of telecommunications code for certain works)—
(a) for “telecommunications code” there shall be substituted “electronic communications code”;
(b) for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”.
31 (1) Section 25 of the New Towns Act (Northern Ireland) 1965 (c. 13 (N.I.)) shall be amended as follows.
(2) In subsections (9A), (9C) and (9D)—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(b) for “a telecommunications code system” there shall be substituted “an electronic communications code network”;
(c) for “that system” there shall be substituted “that network”;
(d) for “the telecommunications code”, wherever occurring, there shall be substituted “the electronic communications code”.
(3) In subsection (9B) for “any telecommunications code system” there shall be substituted “any electronic communications code network”.
32 In each of sections 4 and 5 of the Marine, &c., Broadcasting (Offences) Act 1967 (c. 41) (prohibition of acts facilitating or otherwise relating to broadcasts from ships etc.), the following subsection shall be inserted after subsection (3)—
“(3A) Section 46 of the Consumer Protection Act 1987 (meaning of supply) shall have effect for construing references in this section to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of goods.”
33 (1) Section 5 of that Act shall be further amended as follows.
(2) In subsection (3) (offences of doing things with intent that an unlawful broadcast may be made)—
(a) in paragraph (a), for “with intent that a broadcast of it may” there shall be substituted “knowing, or having reasonable cause to believe, that a broadcast of it is to”;
(b) in paragraph (b), for “with intent that a broadcast of the work may” there shall be substituted “knowing, or having reasonable cause to believe, that a broadcast of the work is to”;
(c) in paragraph (c), for “with intent that the work may” there shall be substituted “knowing, or having reasonable cause to believe, that the work is to”.
(3) For subsection (4) (presumption as to advertising) there shall be substituted—
“(4) The cases in which a person is to be taken for the purposes of this section as advertising by means of a broadcast include any case in which he causes or allows it to be stated, suggested or implied that entertainment included in the broadcast—
(a) has been supplied by him; or
(b) is provided wholly or partly at his expense.”
34 In section 6(5) of that Act (restrictions on prosecutions), after the words “otherwise than”, wherever occurring, there shall be inserted “by OFCOM or”.
35 (1) Section 7A of that Act (powers of enforcement in relation to marine offences) shall be amended as follows.
(2) In subsection (1), after “the Secretary of State” there shall be inserted “or OFCOM”.
(3) In subsections (2) and (4), for “the Secretary of State has issued a written authorisation” there shall be substituted “a written authorisation has been issued by the Secretary of State or OFCOM”.
(4) In subsection (3)(a), for “the Secretary of State has issued an authorisation” there shall be substituted “an authorisation has been issued by the Secretary of State or OFCOM”.
(5) In subsection (7), after “powers” there shall be inserted “except so far as exercisable by virtue of an authorisation issued by OFCOM”.
36 In section 9(1) of that Act (interpretation), after the definition of “the high seas” there shall be inserted—
““OFCOM” means the Office of Communications;”.
37 (1) Section 7 of the Wireless Telegraphy Act 1967 (c. 72) (restrictions on dealing in, and custody of, certain apparatus) shall be amended as follows.
(2) In subsection (2), for “the Secretary of State” and “he” there shall be substituted, respectively, “OFCOM” and “they”.
(3) In subsections (5) to (11), for the words “the Secretary of State” and “The Secretary of State”, wherever occurring, there shall be substituted “OFCOM”.
(4) In subsection (9), for “is satisfied” and “is so satisfied” there shall be substituted, respectively, “are satisfied” and “are so satisfied”.
(5) After subsection (11) there shall be inserted—
“(11A) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to the power of OFCOM to make an order under this section.
(11B) The approval of the Secretary of State is required for the making by OFCOM of an order under this section.
(11C) A statutory instrument containing an order made by OFCOM under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11D) In this section “OFCOM” means the Office of Communications.”
38 (1) Section 8 of that Act (provisions for securing enforcement in relation to vehicles) shall be amended as follows.
(2) In subsection (1)—
(a) for “to make regulations under the Vehicle Excise and Registration Act 1994 as to” there shall be substituted “of the Secretary of State under section 7(1) of the Vehicle Excise and Registration Act 1994 to specify”; and
(b) for “provisions included in the regulations” there shall be substituted “a requirement imposed”.
(3) In subsection (2), for “regulations made” there shall be substituted “a requirement imposed”.
39 In section 13(1) of that Act (regulations and order to be made by statutory instrument), for “or orders under” there shall be substituted “under Part 1 of”.