SCHEDULE 17 continued
130 (1) Section 163 of the Criminal Justice and Public Order Act 1994 (c. 33) (local authority powers to provide closed-circuit television) 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 (3), there shall be inserted—
“(3A) 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) In subsection (4), for the definition of “telecommunications system” there shall be substituted—
““premises” includes a vehicle; and
“vehicle” includes a vessel, aircraft or hovercraft.”
131 In Article 12 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) (provisions as to telecommunications apparatus)—
(a) for “telecommunications apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(b) for “the telecommunications code”, wherever occurring, there shall be substituted “the electronic communications code”;
(c) for “a telecommunications code system”, wherever occurring, there shall be substituted “an electronic communications code network”;
(d) in paragraph (3), for “that system” there shall be substituted “that network”.
132 In section 91(7) of the Merchant Shipping Act 1995 (c. 21) (report of dangers to navigation), in the definition of “controlled station for wireless telegraphy”—
(a) after “Secretary of State” there shall be inserted “or by the Office of Communications”; and
(b) for “by him” there shall be substituted “by the Office of Communications”.
133 (1) The Criminal Procedure (Scotland) Act 1995 (c. 46) shall be amended as follows.
(2) In section 302(9)(a) (interpretation), at the end there shall be inserted “nor an offence to which Schedule 6 to the Communications Act 2003 (fixed penalties for wireless telegraphy offences) applies.”
(3) In Schedule 9 (certificates as to proof of certain routine matters), at the end there shall be inserted—
“The Communications Act 2003 Section 363(1) and (2) (offence of unauthorised installation or use of a television receiver) |
A person authorised to do so by the British Broadcasting Corporation | In relation to premises at an address specified in the certificate, whether on a date so specified any television licence (for the purposes of that section) was, in records maintained on behalf of the Corporation in relation to such licences, recorded as being in force; and, if so, particulars so specified of such record of that licence.” |
134 In section 3(1) of the British Waterways Act 1995 (c. i) (interpretation), in the definition of “relevant undertaker”, in paragraph (f), for the words from the beginning to “in that Act)” there shall be substituted “any provider of an electronic communications network having any electronic communications apparatus”.
135 (1) Paragraph 7 of Schedule 2 to the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) (streets 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”;
(b) for “a system” there shall be substituted “a network”.
136 In section 16(7)(a) of the Housing Act 1996 (c. 52) (use of electronic communications by tenant in exercise of right to acquire dwelling), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “an electronic communications network”.
137 In section 105(1)(b) of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (meaning of “construction operations”), for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”.
138 In Schedule 6 to the Channel Tunnel Rail Link Act 1996 (c. 61) (planning conditions), in the table in paragraph 6(4) and the table in paragraph 15(4), for “telecommunications masts”, in each place, there shall be substituted “electronic communications masts”.
139 (1) Part 4 of Schedule 15 to that Act (protection of telecommunications operators) shall be amended as follows.
(2) In paragraph 1(1), for “telecommunications operator” there shall be substituted “an operator of an electronic communications code network”.
(3) In paragraphs 2 to 4—
(a) for “telecommunications code”, wherever occurring, there shall be substituted “electronic communications code”;
(b) for “telecommunications apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(c) for “a telecommunications operator”, wherever occurring, there shall be substituted “an operator”;
(d) for “any telecommunications operator”, wherever occurring, there shall be substituted “any operator of an electronic communications code network”;
(e) for “the telecommunications operator”, wherever occurring, there shall be substituted “the operator”;
(f) for “telecommunications system” there shall be substituted “electronic communications code network”.
(4) In paragraph 5—
(a) for “telecommunications apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;
(b) for “telecommunications operator”, in the first place where it occurs, there shall be substituted “operator of an electronic communications code network”;
(c) for “telecommunications operator”, in each other place where it occurs, there shall be substituted “operator”.
140 The Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) shall be amended as follows.
141 In Article 44 (restrictions on disclosure of information)—
(a) in paragraph (3)(b), for head (vi) there shall be substituted—
“(vi) the Office of Communications;”;
(b) in paragraph (4), after sub-paragraph (v) there shall be inserted—
“(w) the Communications Act 2003.”
142 (1) Schedule 3 (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), (2) and (3), 5(1) and (2), 6(1) and 8—
(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”.
143 In Article 4(1)(b) of the Construction Contracts (Northern Ireland) Order 1997 (S.I. 1997/274 (N.I. 1)) (meaning of “construction operations”), for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”.
144 In Article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) (meaning of “industrial waste” for “telecommunication services”) there shall be substituted “communications services”.
145 Subject to any other amendment made by any other provision of this Act, in sections 1 to 4 of the Wireless Telegraphy Act 1998 (c. 6), for the words “the Secretary of State”, “Secretary of State” and “The Secretary of State”, wherever occurring, there shall be substituted “OFCOM”.
146 In section 1 of that Act (charges for wireless telegraphy licences)—
(a) in subsection (2)(b), for “the issue or renewal of the licence” there shall be substituted “the issue of the licence or the making of the grant”;
(b) in subsection (3)(c), for the words “the Secretary of State thinks”, there shall be substituted “OFCOM think”;
(c) in subsection (4), for the words “he thinks”, there shall be substituted “they think”; and
(d) in subsection (5), at the end there shall be inserted “or any grant of recognised spectrum access made in accordance with regulations under section 3A”.
147 For section 2 of that Act there shall be substituted—
(1) This section applies where OFCOM exercise any of their powers under section 1 to prescribe sums payable in respect of any description of wireless telegraphy licence or of grant of recognised spectrum access, other than a power to prescribe sums payable where—
(a) a wireless telegraphy licence is varied or revoked at the request or with the consent of the licence holder; or
(b) a grant of recognised spectrum access is varied or revoked at the request or with the consent of the holder of the grant.
(2) OFCOM may, if they think fit in the light (in particular) of the matters to which they are required to have regard under section 154 of the Communications Act 2003, prescribe sums which would be greater than those that would be necessary for the purposes of recovering costs incurred by them in connection with functions under the enactments relating to the management of the radio spectrum.
(3) In this section—
“the enactments relating to the management of the radio spectrum” has the same meaning as in the Communications Act 2003;
“prescribe” means prescribe by regulations or determine in accordance with regulations.”
148 (1) Section 4 of that Act (restriction on revocation or variation of licences) shall be amended as follows.
(2) In subsection (1), for the words “him” and “his” there shall be substituted, respectively, “them” and “their”.
(3) In subsection (5), for the word “him” there shall be substituted “them”.
149 (1) After section 4 of that Act there shall be inserted—
Where any sum is required to be paid to OFCOM—
(a) under any provision of this Act,
(b) in pursuance of any provision of regulations under this Act, or
(c) by virtue of any terms or conditions contained by virtue of this Act in a wireless telegraphy licence, or in a grant of recognised spectrum access,
that sum shall be so paid to them as soon as it becomes due in accordance with that provision, or those terms or conditions, and if not paid is to be recoverable by them accordingly.”
(2) This paragraph does not apply to a sum that first became payable before the coming into force of this paragraph.
150 For section 6 of that Act there shall be substituted—
(1) 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.
(2) Subsections (4) to (6) of that section shall not apply in any case in which it appears to OFCOM that by reason of the urgency of the matter it is inexpedient to publish a notice in accordance with subsection (4)(b) of that section.
(3) Subsections (4) to (6) of that section shall not apply in the case of any regulations under section 3 or 3A modifying previous regulations under that section in a case not falling within subsection (2) if it appears to OFCOM—
(a) that the modifications would not adversely affect the interests of any person or otherwise put him in a worse position or, as regards someone else, put him at a disadvantage; and
(b) in so far as the modifications affect a procedure that has already begun, that no person would have acted differently had the modifications come into force before the procedure began.”
151 (1) Section 8 of that Act (interpretation) shall be amended as follows.
(2) After “In this Act—” there shall be inserted—
““grant of recognised spectrum access” means a grant of recognised spectrum access made under section 159 of the Communications Act 2003;
“OFCOM” means the Office of Communications;”.
(3) After the definition of “wireless telegraphy licence” there shall be inserted—
“and references in this Act to the issue of a wireless telegraphy licence or the making of a grant of recognised spectrum access include references to the issue of such a licence, or the making of a grant of such access, by way of renewal of a previous licence or grant.”
152 In section 118(1) of the Finance Act 1998 (c. 36) (claims for income tax purposes), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “an electronic communications service”.
153 (1) Schedule 7 to the Competition Act 1998 (c. 41) (members of Commission appointed under certain enactments) shall be amended as follows.
(2) In paragraph 2(1)(d), for sub-paragraph (iii) there shall be substituted—
“(iii) section 194(1) of the Communications Act 2003;”.
(3) In paragraph 19A(9), in the definition of “special reference group”, after paragraph (n) there shall be inserted “or
(o) section 193 of the Communications Act 2003.”
154 In paragraph 1 of Schedule 7A to that Act (procedural rules), in the definition of “special investigation”, for “and (n)” there shall be substituted “, (n) and (o)”.
155 (1) Schedule 6 to the Regional Development Agencies Act 1998 (c. 45) (land acquired by regional development agencies) shall be amended as follows.
(2) In paragraphs 1, 2, 8, 9 and 11—
(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”.
156 In section 132(10) of the Finance Act 1999 (c. 16) (power to provide for use of electronic communications), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “an electronic communications service”.
157 (1) Section 235 of the Greater London Authority Act 1999 (c. 29) (restrictions on disclosure of information) shall be amended as follows.
(2) In subsection (2)(c), for sub-paragraph (iv) there shall be substituted—
“(iv) the Office of Communications,”.
(3) In subsection (3), after paragraph (rs) there shall be inserted—
“(rt) the Communications Act 2003;”.
158 In section 15(1) of the Electronic Communications Act 2000 (c. 7) (general interpretation), in the definition of “electronic communication”, for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “an electronic communications network”.
159 In section 5 of the Television Licences (Disclosure of Information) Act 2000 (c. 15) (interpretation)—
(a) for the definitions of “the BBC” and “television licence” there shall be substituted—
““the BBC” means the British Broadcasting Corporation;”;
(b) after the definition of “prescribed” there shall be inserted—
““television licence” means a licence for the purposes of section 363 of the Communications Act 2003;”.
160 In paragraph 8 of Schedule 38 to the Finance Act 2000 (c. 17) (regulations for providing incentives for electronic communications), in the definition of “electronic communications”, for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “an electronic communications service”.
161 (1) The Regulation of Investigatory Powers Act 2000 (c. 23) shall be amended as follows.
(2) In section 26(6)(a) (surveillance carried out for detecting unlicensed TV use), for “section 1 of the Wireless Telegraphy Act 1949)” there shall be substituted “Part 4 of the Communications Act 2003)”.
(3) In Part 1 of Schedule 1 (relevant public authorities for the purposes of sections 28 and 29 of that Act), after paragraph 23 there shall be inserted—
“23A The Office of Communications.”
162 (1) The Postal Services Act 2000 (c. 26) shall be amended as follows.
(2) In section 125(2)(a) (communications delivered otherwise than electronically), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “an electronic communications network”.
(3) In paragraph 3 of Schedule 7 (disclosure of information)—
(a) in sub-paragraph (2), for paragraph (f) there shall be substituted—
“(f) the Office of Communications,”;
(b) in sub-paragraph (3), after paragraph (gh) there shall be inserted—
“(gi) the Communications Act 2003,”.
163 (1) Section 105 of the Utilities Act 2000 (c. 27) (general restrictions on disclosure of information) shall be amended as follows.
(2) In subsection (5), for paragraph (d) there shall be substituted—
“(d) the Office of Communications;”.
(3) In subsection (6), after paragraph (s) there shall be inserted—
“(t) the Communications Act 2003.”
164 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), there shall be inserted at the appropriate place—
“The Consumer Panel established under section 16 of the Communications Act 2003.”
165 (1) The Countryside and Rights of Way Act 2000 (c. 37) shall be amended as follows.
(2) In section 17(4) (byelaws not to interfere with certain rights), for paragraph (c) there shall be substituted—
“(c) with the provision of an electronic communications code network or the exercise of any right conferred by or in accordance with the electronic communications code on the operator of any such network.”
(3) In paragraph 8 of Schedule 1 (excepted land), for “a telecommunications code system” there shall be substituted “an electronic communications code network”.
166 (1) Paragraph 3 of Schedule 9 to the Transport Act 2000 (c. 38) (air traffic information) shall be amended as follows.
(2) In sub-paragraph (2), for paragraph (d) there shall be substituted—
“(d) the Office of Communications;”.
(3) In sub-paragraph (3)—
(a) after paragraph (q) there shall be inserted—
“(qa) the Broadcasting Act 1996;”;
(b) after paragraph (ra) there shall be inserted—
“(rb) the Communications Act 2003;”.
167 (1) The Political Parties, Elections and Referendums Act 2000 (c. 41) shall be amended as follows.
(2) In section 11(3) (broadcasters to have regard to Electoral Commission’s views on political broadcasts), for the words from “and Sianel” to “regard” there shall be substituted “shall have regard, in determining its policy with respect to party political broadcasts,”.
(3) In paragraph 4(6) of Schedule 12 (broadcasters to have regard to Electoral Commission’s views on referendum campaign broadcasts), for the words from “and Sianel” to “regard” there shall be substituted “shall have regard, in determining its policy with respect to referendum campaign broadcasts by designated organisations,”.
168 In sections 16(2)(a), 31(2)(a) and 40(6) of the Vehicles (Crime) Act 2001 (c. 3) (transmission of representations and service of notices etc.), for “a telecommunication system (within the meaning of the Telecommunications Act 1984 (c. 12))” there shall be substituted “an electronic communications network”.
169 In the table in section 1(1) of the Criminal Justice and Police Act 2001 (c. 16) (offences leading to penalties on the spot), after the entry relating to section 12 of that Act there shall be inserted—
| “Section 127(2) of the Communications Act 2003 | Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety”. |
170 In section 4(1) of the Electronic Communications Act (Northern Ireland) 2001 (c. 9 (N.I.)) (interpretation), in the definition of “electronic communication”, for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “an electronic communications network”.
171 Sections 2, 4, 5 and 6 of the Office of Communications Act 2002 (c. 11) shall cease to have effect.
172 (1) The Schedule to that Act shall be amended as follows.
(2) The following shall cease to have effect—
(a) paragraph 1(4);
(b) paragraph 8(5);
(c) paragraph 17(8) and (9); and
(d) paragraph 20.
(3) For paragraph 8(1) there shall be substituted—
“(1) It shall be the duty of OFCOM so to conduct their affairs as to secure that their revenues so far as they —
(a) derive from the exercise of powers to impose charges or fees in respect of the carrying out of particular functions, and
(b) do not fall to be paid into the Consolidated Fund of the United Kingdom or of Northern Ireland,
are at least sufficient to enable OFCOM to meet the costs of carrying out the functions to which the revenues relate.”
(4) After paragraph 14(3) (executive committees of OFCOM to include member or employee of OFCOM) there shall be inserted—
“(3A) Sub-paragraph (3) has effect in the case of a committee of OFCOM which—
(a) is not the Content Board, but
(b) has functions that are confined to functions falling within section 13(2) of the Communications Act 2003 (functions within the Content Board’s remit),
as if the reference in that sub-paragraph to a member of OFCOM included a reference to a member of the Content Board who is not a member of OFCOM.”
173 (1) Section 12 of the Tobacco Advertising and Promotion Act 2002 (c. 36) (exclusion from that Act of advertising on television and radio) shall be amended as follows.
(2) For subsection (3) there shall be substituted—
“(3) This subsection applies to —
(a) a service falling within section 211(1) of the Communications Act 2003 (independent television services regulated by the Office of Communications) which is not an additional television service (within the meaning of Part 3 of that Act); and
(b) an additional television service comprised in the public teletext service (within the meaning of that Part).”
(3) For subsection (5) there shall be substituted—
“(5) This subsection applies to a service which—
(a) falls within section 245(1) of the Communications Act 2003 (independent radio services regulated by the Office of Communications); but
(b) is not a digital additional sound service (within the meaning of Part 3 of that Act).”
174 (1) The Enterprise Act 2002 (c. 40) shall be amended as follows.
(2) In section 126(6) (service of documents electronically), for “a telecommunication system (within the meaning of the Telecommunications Act 1984 (c. 12))” there shall be substituted “an electronic communications network”.