SCHEDULE 17 continued
90 In section 1(2A)(a) of the Malicious Communications Act 1988 (c. 27) (offence of sending electronic communications with intent to cause distress or anxiety), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “an electronic communications network”.
91 (1) Section 69 of the Copyright, Designs and Patents Act 1988 (c. 48) (no infringement of copyright by use of recordings for certain supervisory purposes) shall be amended as follows.
(2) In subsection (2)—
(a) for paragraph (a) there shall be substituted—
“(a) section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;”;
(b) in paragraph (b), for the words from “by virtue of” to “1990” there shall be substituted “by virtue of section 334(1) of the Communications Act 2003”;
(c) in paragraph (c), for “Radio Authority” there shall be substituted “OFCOM”;
(d) after paragraph (c) there shall be inserted—
“(d) section 334(3) of the Communications Act 2003.”
(3) For subsection (3) there shall be substituted—
“(3) Copyright is not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—
(a) any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or
(b) any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.
(4) In subsection (3), “existing material” means—
(a) any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and
(b) any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.”
92 (1) Section 73 of that Act (no breach of copyright by certain retransmissions of broadcasts in cable programme service) shall be amended as follows.
(2) In subsection (6)—
(a) for paragraphs (c) and (d) there shall be substituted—
“(c) the public teletext service,
(d) S4C Digital, and”
;
(b) for the words after paragraph (e) there shall be substituted—
“and expressions used in this subsection have the same meanings as in Part 3 of the Communications Act 2003.”
(3) For subsection (7) there shall be substituted—
“(7) In this section “relevant requirement” means a requirement imposed by a general condition (within the meaning of Chapter 1 of Part 2 of the Communications Act 2003) the setting of which is authorised under section 64 of that Act (must-carry obligations).”
93 (1) Paragraph 17 of Schedule 2 to that Act (no infringement of performance rights by use of recordings for certain supervisory purposes) shall be amended as follows.
(2) In sub-paragraph (2)—
(a) for paragraph (a) there shall be substituted—
“(a) section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;”;
(b) in paragraph (b), for the words from “by virtue of” to “1990” there shall be substituted “by virtue of section 334(1) of the Communications Act 2003”;
(c) in paragraph (c), for “Radio Authority” there shall be substituted “OFCOM”;
(d) after paragraph (c) there shall be inserted—
“(d) section 334(3) of the Communications Act 2003.”
(3) For sub-paragraph (3) there shall be substituted—
“(3) The rights conferred by Part 2 are not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—
(a) any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or
(b) any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.
(4) In subsection (3), “existing material” means—
(a) any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and
(b) any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.”
94 (1) Part 2 of Schedule 10 to the Housing Act 1988 (c. 50) (provisions about land acquired by a housing action trust) shall be amended as follows.
(2) In paragraphs 4, 5, 11, 12 and 14—
(a) for “the telecommunications code”, wherever occurring, there shall be substituted “the electronic communications code”;
(b) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “an electronic communications code network”;
(c) for “telecommunications apparatus” and “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(d) for “such system” and “the system”, wherever occurring, there shall be substituted, respectively, “such network” and “the network”.
95 In section 21(3)(b) of the Road Traffic Act 1988 (c. 52) (exception from prohibition of driving etc on cycle tracks for statutory undertakers), for the words from “a telecommunications code system” to “1984)” there shall be substituted “an electronic communications code network”.
96 (1) Section 174 of the Water Act 1989 (c. 15) (general restrictions on disclosure of information) be amended as follows.
(2) In subsection (2)(d), for sub-paragraph (iv) there shall be substituted—
“(iv) the Office of Communications;”.
(3) In subsection (3), after paragraph (ln) there shall be inserted—
“(lo) the Communications Act 2003;”.
97 (1) The Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22) shall be amended as follows.
(2) For section 9(3) (requirement for licence to operate driver information systems) there shall be substituted—
“(3) The holding by a person of a licence under this section shall not relieve him of—
(a) any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or
(b) any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).”
(3) In paragraph 4 of Schedule 4 (application of telecommunications code to licence holders), for the words “(application of telecommunications code)” there shall be substituted “(procedure for works involving alteration of electronic communications apparatus)”.
(4) In paragraph 8 of Schedule 5 (undertakers' works affecting driver information systems)—
(a) in the definition of “relevant undertaker”, for paragraph (b) there shall be substituted—
“(b) any electronic communications code operator;”;
(b) in the definition of “undertaker’s works”, in paragraph (b), for “a telecommunication system run by him” there shall be substituted “an electronic communications code network provided by him”.
98 In section 3A(4)(b) of the Electricity Act 1989 (c. 29) (general duties of Secretary of State and Authority), for sub-paragraph (i) there shall be substituted—
“(i) communications services and electronic communications apparatus, or”.
99 (1) Schedule 4 to that Act (other powers etc. of licence holders) shall be amended as follows.
(2) In paragraphs 3(1)(d) and 5—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(b) for “a telecommunication system” there shall be substituted “an electronic communications code network”; and
(c) for “telecommunications code”, wherever occurring, there shall be substituted “electronic communications code”.
(3) In paragraph 4(1), for paragraph (c) there shall be substituted—
“(c) any electronic communications code operator or any former PTO; and”.
100 In section 88(1)(e)(i) of the Local Government and Housing Act 1989 (c. 42) (electronic communication), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “an electronic communications network”.
101 (1) The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) shall be amended as follows.
(2) In Article 197(3) (supplies of water, electricity, etc.) for sub-paragraph (c) to the end there shall be substituted—
“(c) a supply of communications services by a provider of a public electronic communications service,
and in this paragraph “communications services” do not include electronic communications services to the extent that they are used to broadcast or transmit programme services (within the meaning of the Communications Act 2003).”
(3) In Article 343(4) (supplies of water, electricity, etc.) for sub-paragraph (c) to the end there shall be substituted—
“(c) a supply of communications services by a provider of a public telecommunications service,
and in this paragraph ‘communications services’ do not include electronic communications services to the extent that they are used to broadcast or transmit programme services (within the meaning of the Communications Act 2003).”
102 In section 148(1) of the Town and Country Planning Act 1990 (c. 8) (interpretation of Chapter 1), in the definition of “statutory undertakers”, for “public telecommunications operators” there shall be substituted “electronic communications code operators and former PTOs”.
103 (1) This paragraph applies to the following provisions of that Act—
(a) section 236(2) (exception to extinguishment of rights over land compulsorily acquired);
(b) section 237(3) (saving from power to override certain rights);
(c) section 256 (Secretary of State’s orders affecting telecommunications apparatus);
(d) section 260 (orders by other authorities affecting telecommunication apparatus);
(e) section 272 (extinguishment of rights of telecommunications code system operators);
(f) section 273(7) and (8) (notices given to developing authority);
(g) section 274(2) (making of orders);
(h) section 279(3) (right to compensation).
(2) In each of the provisions to which this paragraph applies—
(a) for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “electronic communications code”;
(b) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “an electronic communications code network”;
(c) for “telecommunications apparatus” and “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(d) for “the telecommunications code system”, wherever occurring, there shall be substituted “the electronic communications code network”;
(e) for “system”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “network”.
104 In section 280 of that Act (measures of compensation)—
(a) for “a telecommunications code system” there shall be substituted “an electronic communications code network”;
(b) for “the running of the telecommunications code system”, wherever occurring, there shall be substituted “the provision of the electronic communications code network”.
105 In paragraph 1(a) of Schedule 13 to that Act (blighted land), for sub-paragraph (ii) there shall be substituted—
“(ii) of the provision by an electronic communications code operator of an electronic communications code network or the provision by a former PTO of a public electronic communications network or a public electronic communications service, or”.
106 (1) The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) shall be amended as follows.
(2) In section 51(2) (saving for ending of rights over land compulsorily acquired), for paragraphs (b) and (c) there shall be substituted—
“(b) to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, or
(c) to any electronic communications apparatus kept installed for the purposes of any such network.”
(3) In section 91(3) (meaning of “statutory undertakers” in certain sections), in paragraph (a) for “a public telecommunications operator” there shall be substituted “an electronic communications code operator and to a former PTO”.
107 (1) Section 5 of the London Local Authorities (No. 2) Act 1990 (c. xxx) (crime prevention) shall be amended as follows.
(2) For subsection (1)(b) there shall be substituted—
“(b) providing within their area an electronic communications service which is distributed—
(i) only to persons on a single set of premises; and
(ii) by an electronic communications network which is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises;”.
(3) In subsection (1)(c), for “telecommunications system” there shall be substituted “electronic communications network or electronic communications service”.
(4) After subsection (4), there shall be inserted—
“(4A) For the purposes of subsection (1)(b)—
(a) a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and
(b) two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.”
(5) For subsection (5), there shall be substituted—
“(5) In this section—
“premises” includes a vehicle; and
“vehicle” includes a vessel, aircraft or hovercraft.”
108 (1) In the New Roads and Street Works Act 1991 (c. 22)—
(a) paragraph 7 of Schedule 4 (streets with special engineering difficulties), and
(b) paragraph 7 of Schedule 6 (roads with special engineering difficulties),
shall be amended as follows.
(2) For “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”.
(3) In sub-paragraph (3)(c)—
(a) for “a telecommunication system” there shall be substituted “an electronic communications network”; and
(b) for “a system” there shall be substituted “a network”.
109 In section 52(1) of the Coal Mining Subsidence Act 1991 (c. 45) (interpretation) in the definition of “statutory undertakers”, in paragraph (b) for “any public telecommunications operator” there shall be substituted “any electronic communications code operator, any former PTO”.
110 In section 219 of the Water Industry Act 1991 (c. 56) (general interpretation), in the definition of “accessories”, for “telecommunication apparatus (within the meaning of Schedule 2 to the Telecommunications Act 1984)” there shall be substituted “electronic communications apparatus”.
111 (1) Schedule 13 to that Act (protective provisions in respect of certain undertakings) shall be amended as follows.
(2) In paragraph 1(5), for paragraph (c) there shall be substituted—
“(c) any undertaking consisting in the provision of an electronic communications network;”.
(3) In paragraph 4, for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”.
112 (1) Schedule 15 to that Act (disclosure of information) shall be amended as follows.
(2) In Part 1, for “The Director General of Telecommunications” there shall be substituted “The Office of Communications”.
(3) In Part 2, after the entry relating to the Enterprise Act 2002, there shall be inserted—
“The Communications Act 2003.”
113 In section 221 of the Water Resources Act 1991 (c. 57) (general interpretation), in the definition of “accessories”, for “telecommunication apparatus (within the meaning of Schedule 2 to the Telecommunications Act 1984)” there shall be substituted “electronic communications apparatus”.
114 (1) Schedule 22 to that Act (general provisions protecting undertakings) shall be amended as follows.
(2) In paragraph 1(4), for paragraph (c) there shall be substituted—
“(c) any undertaking consisting in the provision of an electronic communications network;”.
(3) In paragraph 5, for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”.
115 (1) Schedule 24 to that Act (disclosure of information) shall be amended as follows.
(2) In Part 1, for “The Director General of Telecommunications” there shall be substituted “The Office of Communications”.
(3) In Part 2, after the entry relating to the Enterprise Act 2002, there shall be inserted—
“The Communications Act 2003.”
116 In paragraph 1(1) of Schedule 6 to the Land Drainage Act 1991 (c. 59) (protection for particular undertakings), for paragraph (c) there shall be substituted—
“(c) any undertaking consisting in the provision of an electronic communications code network;”.
117 In Articles 103 (making of orders) and 104 (telecommunication apparatus) of the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11))—
(a) for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”) there shall be substituted “electronic communications code”;
(b) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “an electronic communications code network”;
(c) for “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(d) for “system” (except in the expression “telecommunications code system”) there shall be substituted “network”.
118 In section 60(6)(c) of the Charities Act 1992 (c. 41) (making of payments to professional fund-raisers etc.), for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”.
119 In section 1(5) of the Carriage of Goods by Sea Act 1992 (c. 50), for “a telecommunication system” there shall be substituted “an electronic communications network”.
120 The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) shall be amended as follows.
121 In Article 61 (restrictions on disclosure of information)—
(a) for paragraph (2)(b)(vi) there shall be substituted—
“(vi) the Office of Communications;”;
(b) after paragraph (3)(u) there shall be inserted—
“(v) the Communications Act 2003;”.
122 (1) Schedule 4 (other powers etc. of licence holders) shall be amended as follows.
(2) In paragraph 1(1)—
(a) for “a public telecommunications operator” there shall be substituted “an electronic communications code operator”;
(b) for “telecommunication system” there shall be substituted “electronic communications network”.
(3) In paragraphs 4 and 6 for “public telecommunications operator” there shall be substituted “electronic communications code operator”.
(4) In paragraphs 3(1) and (2), 5(1), (2), (3) and (4), 6(1) and 9—
(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(b) for “a telecommunication system”, wherever occurring, there shall be substituted “an electronic communications network”;
(c) for “telecommunications code”, wherever occurring, there shall be substituted “electronic communications code”.
123 (1) Part 2 of Schedule 20 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (provisions about land acquired by the Urban Regeneration Agency) shall be amended as follows.
(2) In paragraphs 4, 5, 11, 12 and 14—
(a) for “the telecommunications code”, wherever occurring, there shall be substituted “the electronic communications code”;
(b) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “an electronic communications code network”;
(c) for “telecommunications apparatus” and “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(d) for “such system” and “the system”, wherever occurring, there shall be substituted, respectively, “such network” and “the network”.
124 In Schedule 2 to the Cardiff Bay Barrage Act 1993 (c. 42) (supplementary provisions about Development Corporation works)—
(a) in paragraph 1(c), for “telecommunication” there shall be substituted “electronic communications”;
(b) in paragraph 16, for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”.
125 In paragraph 3(2)(c) of Schedule 4 to that Act (exception to extinguishment of rights over land compulsorily acquired)—
(a) for “the telecommunications code” there shall be substituted “the electronic communications code”;
(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.”
126 In paragraph 21 of Schedule 7 to that Act (powers of survey etc. in connection with groundwater damage)—
(a) in sub-paragraphs (5)(b)(ii) and (7), for “a relevant telecommunications licenceholder” there shall be substituted “a provider of a public electronic communications network”;
(b) in sub-paragraphs (6) and (7), for “or licenceholder” there shall be substituted “or provider”;
(c) in sub-paragraph (6), for “running of the telecommunication system” there shall be substituted “provision of the public electronic communications network”.
127 (1) Section 145 of the Railways Act 1993 (c. 43) (general restrictions on disclosure of information) be amended as follows.
(2) In subsection (2)(b), for sub-paragraph (iv) there shall be substituted—
“(iv) the Office of Communications,”.
(3) In subsection (3), after paragraph (qs) there shall be inserted—
“(qt) the Communications Act 2003;”.
128 (1) This paragraph applies to the following provisions of the Roads (Northern Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15))—
(a) Article 12(2) (road bridges over railways);
(b) Article 70(2) (consultation on exercise of power to erect structure on road);
(c) Article 72(2) (control of scaffolding on roads);
(d) Article 73(2) (restriction on placing rails etc. over roads);
(e) Article 78(2) (excavations in a road);
(f) Article 79(2) (placing of apparatus in or under roads);
(g) Article 82(3) (excavations near a road);
(h) Article 83(2) (alteration of wall, fence or drain at the side of a road);
(i) Schedule 9 (savings for telecommunications apparatus).
(2) In each of the provisions to which this paragraph applies—
(a) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “an electronic communications code network”;
(b) for “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(c) for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “electronic communications code”;
(d) for “that system”, “any such system” and “the system”, wherever occurring, there shall be substituted, respectively, “that network”, “any such network” and “the network”;
(e) for “the telecommunications code system” there shall be substituted “the electronic communications code network”.
129 (1) The Value Added Tax Act 1994 (c. 23) shall be amended as follows.
(2) In section 33 (refunds of VAT in certain cases)—
(a) in subsection (3), for paragraph (j) there shall be substituted—
“(j) the appointed news provider referred to in section 280 of the Communications Act 2003; and”;
(b) in subsection (5), for “a nominated” there shall be substituted “an appointed”.
(3) In Part 2 of Schedule 9 (exemptions), in Note (1) in Group 12 (fund-raising events by charities etc.), for “a telecommunications system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “an electronic communications network”.