Office of Public Sector Information
SCHEDULE 15 continued PART 1 continued
36 (1) Section 89 of the 1990 Act (offences giving rise to disqualification) shall be amended as follows.
(2) In subsection (1), for paragraph (a) there shall be substituted—
“(a) an offence under section 1(1) of the Wireless Telegraphy Act 1949 (“the 1949 Act”) consisting in the establishment or use of a station for wireless telegraphy, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast (within the meaning of section 9 of the Marine, &c., Broadcasting (Offences) Act 1967);
(aa) an offence under section 1A of the 1949 Act (keeping wireless telegraphy station or apparatus available for unauthorised use) where the relevant contravention of section 1 would constitute an offence falling within paragraph (a);
(ab) an offence under section 1B or 1C of the 1949 Act (unlawful broadcasting offences);”.
(3) In subsection (3), for the words from “concerned” onwards there shall be substituted “concerned in—
(a) the provision of the licensed service or the making of programmes included in it; or
(b) the operation of a station for wireless telegraphy used for broadcasting the service.”
(4) This paragraph does not impose a disqualification in respect of any offence committed before the commencement of this paragraph.
37 (1) Section 97 of the 1990 Act (prohibition on providing services without a licence) shall be amended as follows.
(2) In subsection (1), for the words from “independent” to “84(1)(d), (e) or (f)” there shall be substituted “relevant regulated radio service”.
(3) After that subsection there shall be inserted—
“(1A) In subsection (1) “relevant regulated radio service” means a service falling to be regulated by OFCOM under section 245 of the Communications Act 2003, other than a radio multiplex service.”
(4) In subsection (2) (exemption orders made after consulting the Radio Authority), for “the Authority” there shall be substituted “OFCOM”.
38 (1) Section 98 of the 1990 Act (applications for national licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (3)(a) (proposals to accompany application)—
(a) the word “both”, and
(b) sub-paragraph (ii) and the word “and” immediately preceding it,
shall be omitted.
(4) After subsection (3) there shall be inserted—
“(3A) For the purposes of subsection (1)(d)(ii)—
(a) different percentages may be specified for different accounting periods; and
(b) the percentages that may be specified for an accounting period include a nil percentage.”
(5) In subsection (4) (provision of further information), after “paragraphs (a),” there shall be inserted “(aa),”.
(6) In subsection (6)(b) (publication of details of successful applicant), after “subsection (3)(a)” there shall be inserted “and (aa)”.
39 (1) Section 99 of the 1990 Act (consideration of applications for national licence) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) In paragraph (a) of subsection (1) (proposals to accompany application)—
(a) the word “both”, and
(b) sub-paragraph (ii) and the word “and” immediately preceding it,
shall be omitted.
(4) In paragraph (b) of that subsection, after “maintain that service” there shall be inserted “and any proposed simulcast radio service corresponding to that service”.
40 In section 100 of the 1990 Act (award of national licences to person submitting highest cash bid), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “OFCOM”.
41 (1) Section 101 of the 1990 Act (failure to begin providing licensed service) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (1)—
(a) in paragraph (a) for “the service in question” there shall be substituted “the licensed national service or that he does not intend to provide a corresponding simulcast radio service that he is required to provide by a condition imposed under section 100A”; and
(b) in paragraph (b), for “that service” there shall be substituted “the licensed national service or any such simulcast radio service”.
(4) In subsection (2), for “the service in question” there shall be substituted “the licensed national service or the simulcast radio service”.
42 In section 102 of the 1990 Act (additional payments in respect of national licences), for “the Authority”, wherever occurring, there shall be substituted “OFCOM”.
43 (1) Section 103 of the 1990 Act (restrictions on change of control of national licence) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (2) (interpretation)—
(a) in the definition of “associated programme provider”, for the words from “appears” to “inclusion” there shall be substituted “is or is likely to be involved, to a substantial extent, in the provision of the programmes included”; and
(b) in the words after the definition of “the relevant period”, for the words from “as if” onwards there shall be substituted “as it has effect for the purposes of that Schedule.”
44 (1) Section 103A of the 1990 Act (renewal of national licences) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (1), for “eight” there shall be substituted “twelve”.
(4) In subsection (2), after “not later than” there shall be inserted “the day falling three months before”.
(5) In subsection (3), paragraph (a) and in paragraph (b) the words “in any other case” shall cease to have effect.
(6) In subsection (4), for paragraph (b) there shall be substituted—
“(b) the applicant gave notice to OFCOM, within the period of one month beginning with the commencement of section 42 of the Broadcasting Act 1996, of his intention to provide a simulcast radio service, and”.
(7) For subsection (7) there shall be substituted—
“(7) The amount determined under subsection (6)(b) must be equal to the amount which, in OFCOM’s opinion, would have been the cash bid of the licence holder were the licence (instead of being renewed) to be granted for the period of the renewal on an application made in accordance with section 98.
(7A) For the purposes of subsection (6)(c)—
(a) different percentages may be specified for different accounting periods; and
(b) the percentages that may be specified for an accounting period include a nil percentage.”
(8) After subsection (10) there shall be inserted—
“(10A) In the case of a pre-transfer national licence (including one for a period extended under section 253 of the Communications Act 2003)—
(a) the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and
(b) on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a national licence granted by OFCOM under this Part after the radio transfer date.”
(9) After subsection (11) there shall be inserted—
“(12) A determination for the purposes of subsection (11)—
(a) must be made at least one year before the date determined; and
(b) must be notified by OFCOM to the person who holds the licence in question.”
45 (1) Section 104 of the 1990 Act (application for local licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (6), for the words from the beginning to “shall be made” there shall be substituted “An application for a licence to provide a restricted service shall be made”.
46 (1) Section 104A of the 1990 Act (renewal of local licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (1), for “eight” there shall be substituted “twelve”.
(4) In subsection (3), after “not later than” there shall be inserted “the day falling three months before”.
(5) After subsection (12) there shall be inserted—
“(12A) In the case of a pre-transfer local licence (including one for a period extended under section 253 of the Communications Act 2003)—
(a) the licence is not to be capable of being renewed under this section if it has already been renewed under this section before the radio transfer date; and
(b) on the renewal of the licence, it shall be the duty of OFCOM to secure that the renewed licence contains only such provision as would be included in a local licence granted by OFCOM under this Part after the radio transfer date.”
(6) In subsection (13)(d), for “paragraph 3A of Part I of Schedule 2” there shall be substituted “paragraph 8(2) of Schedule 14 to the Communications Act 2003”.
(7) After subsection (13) there shall be inserted—
“(14) A determination for the purposes of subsection (13)(c)—
(a) must be made at least one year before the date determined; and
(b) must be notified by OFCOM to the person who holds the licence in question.”
47 (1) Section 104B of the 1990 Act (special procedure for applications for local licences) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) After subsection (1) there shall be inserted—
“(1A) In subsection (1)(c) the reference to the service in question, in relation to a case in which it is a pre-transfer local licence that is due to expire, is a reference to the equivalent local service for which a licence is capable of being granted at times on or after the radio transfer date.”
48 (1) Section 105 of the 1990 Act (special requirements relating to grant of local licences) shall be amended as follows.
(2) For “the Authority” there shall be substituted “OFCOM”.
(3) For paragraph (d) (duty to have regard to the extent to which proposed service supported by persons living in the area) there shall be substituted—
“(d) the extent to which there is evidence that, amongst persons living in that area or locality, there is a demand for, or support for, the provision of the proposed service.”
49 In subsections (1) to (4) and (6) of section 106 of the 1990 Act (requirements as to character and coverage of services), for “the Authority”, wherever occurring, there shall be substituted “OFCOM”.
50 In sections 109 to 111A of the 1990 Act (enforcement of licences), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “OFCOM”.
51 (1) Section 111B of the 1990 Act (power to suspend licence to provide satellite service) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (1)—
(a) in paragraph (a), for “satellite service” there shall be substituted “radio licensable content service”;
(b) in paragraph (b), for the words from “included in the licence” to the end of the paragraph there shall be substituted “which in compliance with section 263 of the Communications Act 2003 is included in the licence for the purpose of securing the objective mentioned in section 319(2)(b) of that Act, and”.
52 (1) Section 114 of the 1990 Act (additional radio services) shall be amended as follows.
(2) In subsection (1)—
(a) for “telecommunication” there shall be substituted “electronic”; and
(b) for paragraphs (a) and (b) there shall be substituted “on a relevant frequency”.
(3) In subsection (2), for paragraphs (a) and (b) there shall be substituted “any part of the signals which—
(a) is not required for the purposes of the sound broadcasting service for the purposes of which the frequency has been made available; and
(b) is determined by OFCOM to be available for the provision of additional services;”.
(4) After that subsection there shall be inserted—
“(2A) At any time while an additional services licence is in force, OFCOM may, if they consider it appropriate to do so, modify or further modify the determination made for the purposes of that licence under subsection (2)(b); and where there has been such a modification or further modification, the licence shall have effect accordingly.
(2B) A modification or further modification under subsection (2A) must not reduce the amount of spare capacity made available for the licensed services.”
(5) In subsection (3), for the words from the beginning to “subsection (2)(a)” there shall be substituted “OFCOM shall, when determining under subsection (2)”.
(6) For subsection (6) there shall be substituted—
“(6) In this section “electronic signal” means a signal within the meaning of section 32 of the Communications Act 2003.
(7) In this section and section 115 “relevant frequency” means a frequency made available by OFCOM for the purposes of a sound broadcasting service.”
(7) This paragraph does not affect the validity of a licence granted or last renewed before the radio transfer date, or the services licensed by any such licence.
53 (1) Section 115 of the 1990 Act (licensing of additional radio services) shall be amended as follows.
(2) For “The Authority” and “the Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (1), for the words from “of the following” to “114(1)(b)” there shall be substituted “relevant frequency”.
(4) In subsection (4), at the end there shall be inserted “and who would not be in contravention of the requirements imposed by or under Schedule 14 to the Communications Act 2003 if he held such a licence”.
(5) In subsection (8), for “local, restricted or satellite service” there shall be substituted “local or restricted service or to provide a radio licensable content service”.
54 (1) Section 116 of the 1990 Act (applications for additional radio services licences) shall be amended as follows.
(2) For “the Authority” and “The Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (1)(b)(iii), the words “(subject to the approval of the Secretary of State)” shall be omitted.
55 (1) Section 117 of the 1990 Act (procedure for awarding additional radio services licences) shall be amended as follows.
(2) For “the Authority”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (1), for paragraph (a) (requirement of approval of technical plans) there shall be substituted—
“(a) that the technical plan submitted under section 116(3)(b), in so far as it involves the use of an electronic communications network (within the meaning of the Communications Act 2003), contains proposals that are acceptable to them; and”.
(4) Subsections (2) and (7) shall cease to have effect.
56 In section 118 of the 1990 Act (additional payments in respect of additional radio services licences), for “the Authority”, wherever occurring, there shall be substituted “OFCOM”.
57 (1) Section 119 of the 1990 Act (additional radio services not to interfere with other transmissions) shall be amended as follows.
(2) In subsection (1), for “the Authority” there shall be substituted “OFCOM”.
(3) Subsection (2) shall cease to have effect.
58 In section 120 of the 1990 Act (enforcement of additional radio services licences), for “the Authority” and “The Authority”, wherever occurring, there shall be substituted “OFCOM”.
59 In subsection (1) of section 126 of the 1990 Act (interpretation of Part 3)—
(a) for the definition of “independent radio service” there shall be substituted—
““independent radio service” means a service falling to be regulated under section 245 of the Communications Act 2003;”;
(b) for the definitions of “local service”, “national service”, “restricted service” and “satellite service” there shall be substituted—
““local service”, “national service” and “restricted service” each has the same meaning as in section 245 of the Communications Act 2003;
“pre-transfer local licence” and “pre-transfer national licence” each has the same meaning as in section 253 of that Act;
“radio licensable content service” has the same meaning as in Part 3 of that Act;
“radio transfer date” has the same meaning as in that Act;”;
(c) in the definition of “sound broadcasting service” for the words from “(as defined” to the end there shall be substituted “(within the meaning of Part 3 of the Communications Act 2003);”.
60 In column 1 of the Table in section 176(7) of the 1990 Act (persons who are the providers of services for the purposes of the obligations to give advance information about programmes)—
(a) for “regulation by the Independent Television Commission” there shall be substituted “regulation by OFCOM”;
(b) for “The television broadcasting service provided by the Welsh Authority and the service referred to in section 57(1A)(a)” there shall be substituted “The public television services of the Welsh Authority (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003)”;
(c) for “section 84(2)(a)(i)” there shall be substituted “section 126(1)”;
(d) for “the Radio Authority”, in both places, there shall be substituted “OFCOM”.
61 (1) Section 177 of the 1990 Act (proscription of foreign satellite stations) shall be amended as follows.
(2) In subsection (2), for “the Independent Television Commission or the Radio Authority consider that the quality of any relevant” there shall be substituted “OFCOM consider that the quality of any”.
(3) In subsection (3), for the words from the beginning to “Authority” there shall be substituted “OFCOM”.
(4) In subsection (6), the definition of “relevant foreign satellite service” shall be omitted.
62 (1) Section 183 of the 1990 Act (financing of Gaelic Broadcasting) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In subsection (2), for “by them under this section to be” there shall be substituted “by the Independent Television Commission under this section and”.
(4) This paragraph—
(a) so far as it relates to subsection (1) of section 183 has effect in relation only to financial years beginning after the television transfer date; and
(b) so far as it relates to subsection (2) of that section does not apply to amounts paid for earlier financial years.
63 (1) Section 184 of the 1990 Act (broadcasting of programmes in Gaelic on Channel 3 in Scotland) shall be amended as follows.
(2) In subsection (1), for the words “subsection (2)” there shall be substituted “subsection (1)(a)”.
(3) In subsection (3), for the words from “The conditions” to “the purpose of” there shall be substituted “The regulatory regime for a service to which this section applies includes the conditions that OFCOM consider appropriate for”.
(4) After that subsection there shall be inserted—
“(3A) Section 263 of the Communications Act 2003 (regulatory regime) applies in relation to conditions included by virtue of subsection (3) in the regulatory regime for a licensed service as it applies in relation to conditions which are so included by virtue of a provision of Chapter 4 of Part 3 of that Act.”
(5) In subsection (4)(b), for “the Commission” there shall be substituted “OFCOM”.
64 (1) In section 185 of the 1990 Act (maintenance of the national television archive)—
(a) for “The Commission” and “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(b) in subsection (5), the definition of “the Commission” shall be omitted.
(2) This paragraph so far as it relates to subsection (1) of that section has effect in relation only to financial years beginning after the television transfer date.
65 (1) Section 193 of the 1990 Act (modification of networking arrangements in consequence of competition legislation) shall be amended as follows.
(2) In subsection (1), for the words from “the Office of Fair Trading” to “relevant authority')” there shall be substituted “the relevant authority”.
(3) After subsection (2) there shall be inserted—
“(2A) In subsection (1), “relevant authority” means—
(a) in relation to a relevant order falling within subsection (2)(a), the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State;
(b) in relation to a relevant order falling within subsection (2)(b), the Office of Fair Trading, the Competition Commission, the Secretary of State or (as the case may be) OFCOM.”
(4) In subsection (4), for “section 39(1) above” there shall be substituted “section 290(4) of the Communications Act 2003”.
66 (1) Section 196 of the 1990 Act (grant of search warrant to person authorised by the Independent Television Commission or the Radio Authority) shall be amended as follows.
(2) In subsection (1), for “the relevant authority” there shall be substituted “OFCOM”.
(3) Subsection (2) (definition of “relevant authority”) shall be omitted.
67 In section 199(5) of the 1990 Act (publication of notices), for paragraphs (a) and (b) there shall be substituted “by OFCOM under section 21, 41, 42, 55, 103, 109, 110, 111 or 120”.
68 (1) Section 202 of the 1990 Act (general interpretation) shall be amended as follows.
(2) In subsection (1), after the definition of “modifications” there shall be inserted—
““OFCOM” means the Office of Communications;”.
(3) After subsection (6) there shall be inserted—
“(6A) Subsections (2) and (3) of section 362 of the Communications Act 2003 (persons by whom services provided) are to apply for the purposes of this Act as they apply for the purposes of Part 3 of that Act.”
69 (1) Schedule 2 to the 1990 Act (restrictions on the holding of licences) shall be amended as follows.
(2) In paragraph 1(1) of Part 1, after the definition of “associate” there shall be inserted—
““Broadcasting Act licence” means a licence under Part 1 or 3 of this Act or Part 1 or 2 of the Broadcasting Act 1996;”.
(3) In paragraph 1(6) of Part 1 (meaning of “more than a 20 per cent. interest”), for “20 per cent.”, wherever occurring, there shall be substituted “5 per cent.”.
(4) In Part 2 (disqualified persons), for “a licence granted by the Commission or the Authority”, wherever occurring, there shall be substituted “a Broadcasting Act licence”.
(5) In paragraph 1(1)(i) of Part 2 (bodies controlled by persons falling within paragraphs (a) to (g)), for “(a)” there shall be substituted “(c)”.
(6) In paragraph 3(1) of Part 2, for “by the Authority” there shall be substituted “under Part 3 of this Act or Part 2 of the Broadcasting Act 1996”.
(7) In paragraph 4(1) of Part 2, for “that body” there shall be substituted “OFCOM”.
(8) In paragraph 4(2) of Part 2—
(a) in paragraph (a), for “by the Commission, means a body” there shall be substituted “under Part 1 of this Act or Part 1 of the Broadcasting Act 1996, means a person”; and
(b) in paragraph (b), for “by the Authority, means a body” there shall be substituted “under Part 3 of this Act or Part 2 of the Broadcasting Act 1996, means a person”.
(9) In paragraph 5A of Part 2—
(a) in sub-paragraph (1)(a), the words “granted by the Commission”,
(b) sub-paragraph (1)(b) and the word “and” immediately preceding it,
(c) in sub-paragraph (2), the words “granted by the Authority”,
shall be omitted.
70 (1) Schedule 3 to the 1990 Act (provision about constitution and management of C4C) shall be amended as follows.
(2) For “the Commission”, wherever occurring, there shall be substituted “OFCOM”.
(3) In paragraph 2(1) (persons disqualified from membership of the Corporation), for paragraphs (b) to (d) there shall be substituted “or
(b) a member or employee of OFCOM.”
71 (1) Schedule 6 to the 1990 Act (provision about constitution and management of the Welsh Authority) shall be amended as follows.
(2) In paragraph 2 (persons disqualified from membership of the Authority)—
(a) sub-paragraph (1) shall be omitted; and
(b) in sub-paragraph (2)(b), for “the Commission” there shall be substituted “OFCOM”.
(3) In paragraph 12(1A), for the words from “the general fund” onwards there shall be substituted “the assets of the Authority that are not comprised in that fund; and accordingly, the statement must deal with liabilities separately according to whether they fall to be met from that fund or from those assets.”
Communications Act 2003