http://www.legislation.gov.uk/ukpga/2003/21/contents/2003-07-25

Communications Act 2003

An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.

text

text/xml

Statute Law Database

2024-04-10

Expert Participation

2003-07-25

Communications Act 2003

s. 299(1)

(3)

(4)

The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003

art. 4(3)

art. 11

Communications Act 2003

s. 300

The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003

art. 4(3)

art. 11

Communications Act 2003

specified provision(s)

The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003

art. 1(3)

Communications Act 2003

s. 75(2)(b)

The Audiovisual Media Services (Amendment) (EU Exit) Regulations 2020

reg. 5(4)

reg. 2

Communications Act 2003

s. 218 heading

Digital Economy Act 2010

s. 28(4)

s. 28(8)

47(1)(a)

Communications Act 2003

s. 218(1)

Digital Economy Act 2010

s. 28(2)(a)

s. 28(8)

47(1)(a)

Communications Act 2003

s. 218(1)

Digital Economy Act 2010

s. 28(2)(b)

s. 28(8)

47(1)(a)

Communications Act 2003

s. 218(7)

Digital Economy Act 2010

s. 28(3)(a)

s. 28(8)

47(1)(a)

Communications Act 2003

s. 218(7)

Digital Economy Act 2010

s. 28(3)(b)

Sch. 2

s. 28(8)

47(1)(a)

Communications Act 2003

s. 221

Digital Economy Act 2010

s. 28(5)

Sch. 2

s. 28(8)

47(1)(a)

Communications Act 2003

s. 276(1)

Digital Economy Act 2010

s. 28(6)

s. 28(8)

47(1)(a)

Communications Act 2003

s. 362

Digital Economy Act 2010

s. 28(7)

s. 28(8)

47(1)(a)

Communications Act 2003

s. 368B(1)

The Audiovisual Media Services Regulations 2010

reg. 3(1)

reg. 1(1)

Communications Act 2003

s. 368B(6)

The Audiovisual Media Services Regulations 2010

reg. 3(2)

reg. 1(1)

Communications Act 2003

s. 368G(2)

The Audiovisual Media Services Regulations 2010

reg. 6

reg. 1(1)

Communications Act 2003

Sch. 15 para. 63 and cross-heading

Digital Economy Act 2010

Sch. 2

s. 47(3)(b)

Communications Act 2003

s. 368C(2)

Digital Economy Act 2017

s. 93(3)

s. 118(6)

Communications Act 2003

s. 368E(5)

Digital Economy Act 2017

s. 94(2)

s. 118(6)

Communications Act 2003

s. 368E(5)(d)

(e)

Digital Economy Act 2017

s. 94(3)

s. 118(6)

Communications Act 2003

s. 368E(6)

Digital Economy Act 2017

s. 94(4)

s. 118(6)

Communications Act 2003

s. 368E(7)

Digital Economy Act 2017

s. 94(5)

s. 118(6)

Communications Act 2003

s. 4(2)

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 3(2)

reg. 1(2)

Communications Act 2003

s. 4(10)(a)

The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019

reg. 2

reg. 1(2)

Communications Act 2003

s. 4(11)

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 3(10)

reg. 1(2)

Communications Act 2003

s. 4A(2)

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 4(2)

reg. 1(2)

Communications Act 2003

s. 5(3A)

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 5(a)

reg. 1(2)

Communications Act 2003

s. 5(3A)

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 5(b)

reg. 1(2)

Communications Act 2003

s. 49(3)

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 13(2)

reg. 1(2)

Communications Act 2003

s. 51(2)(b)

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 17(2)

reg. 1(2)

Communications Act 2003

s. 67(3)

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 21(2)(a)

reg. 1(2)

Communications Act 2003

s. 67(3)(c) and word

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 21(2)(b)

reg. 1(2)

Communications Act 2003

s. 75(2)(b)

The Broadcasting (Amendment) (EU Exit) Regulations 2019

Sch. 1

para. 19(2)(b)

reg. 6

reg. 1(2)

Communications Act 2003

s. 75(2A)

The Broadcasting (Amendment) (EU Exit) Regulations 2019

Sch. 1

para. 19(3)

reg. 6

reg. 1(2)

Communications Act 2003

s. 78(5)

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 23(3)

reg. 1(2)

Communications Act 2003

s. 84A(7)

(8)

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 31(5)

reg. 1(2)

Communications Act 2003

s. 186(3)(b)

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 37

reg. 1(2)

Communications Act 2003

s. 371(2)(a)

The Competition (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 11(2)(a)

Sch. 4

para. 7

reg. 1(1)

Communications Act 2003

s. 371(2)(c)

The Competition (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 11(2)(b)

Sch. 4

para. 7

reg. 1(1)

Communications Act 2003

s. 371(2)(d)

The Competition (Amendment etc.) (EU Exit) Regulations 2019

Sch. 1

para. 11(2)(b)

Sch. 4

para. 7

reg. 1(1)

Communications Act 2003

s. 402(2)

Telecommunications (Security) Act 2021

s. 25(3)(a)

s. 28(1)(e)

Communications Act 2003

s. 148A and cross-heading

Product Security and Telecommunications Infrastructure Act 2022

s. 73(2)

s. 79(2)

Communications Act 2003

s. 402(2)(a)

Product Security and Telecommunications Infrastructure Act 2022

s. 73(3)

s. 79(2)

Communications Act 2003

s. 402(2A)(za)

(zb)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 2

s. 79(2)

Communications Act 2003

Sch. 3A

para. 10(1)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(2)(a)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 10(4)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(2)(b)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 12(2)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(3)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 19(a)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(4)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 21(1)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(5)(a)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 21(6)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(5)(b)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 23(2A)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(6)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 26(1A)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(7)(a)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 26(1B)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(7)(b)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 26(8)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(7)(c)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 27G(4)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(8)(a)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 27G(4)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(8)(b)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 37(3)(aza)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(9)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 84(1)(aza)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(10)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 95(1)(a)

Product Security and Telecommunications Infrastructure Act 2022

s. 71(a)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 95(1)(aa)

Product Security and Telecommunications Infrastructure Act 2022

s. 71(b)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 95(1)(b)

Product Security and Telecommunications Infrastructure Act 2022

s. 71(c)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 103(1)(ca)

Product Security and Telecommunications Infrastructure Act 2022

s. 70

s. 79(2)

Communications Act 2003

Sch. 3A

para. 108(1)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(11)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 119A

Product Security and Telecommunications Infrastructure Act 2022

s. 72

s. 79(2)

Communications Act 2003

Sch. 3A

Pt. 4ZA

Product Security and Telecommunications Infrastructure Act 2022

s. 67(1)

s. 79(2)

Communications Act 2003

Pt. 4B

Online Safety Act 2023

s. 210(1)

Sch. 17

s. 240(1)

Communications Act 2003

s. 124Q(7)(a)

Crime and Courts Act 2013

Sch. 9

para. 52

s. 61(3)

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004

art. 2

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 2) Order 2004

art. 2

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 3) Order 2004

art. 2

Communications Act 2003

s. 401(5)(g)

Investigatory Powers Act 2016

Sch. 10

para. 101(2)

Sch. 9

paras. 7

s. 272(1)

reg. 12(g)(iii)

Communications Act 2003

Sch. 17

para. 70

Investigatory Powers Act 2016

Sch. 10

Pt. 8

Sch. 9

paras. 7

s. 272(1)

Communications Act 2003

Sch. 6

para. 13

The Courts Act 2003 (Consequential Provisions) Order 2005

Sch.

para. 95

art. 1

Communications Act 2003

s. 181(2)

The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007

Sch. 2

art. 1(2)

Communications Act 2003

Part 1Functions of OFCOM

Transferred and assigned functions

1Functions and general powers of OFCOM

2Transfer of functions of pre-commencement regulators

General duties in carrying out functions

3General duties of OFCOM

4Duties for the purpose of fulfilling Community obligations

5Directions in respect of networks and spectrum functions

6Duties to review regulatory burdens

7Duty to carry out impact assessments

8Duty to publish and meet promptness standards

9Secretary of State’s powers in relation to promptness standards

Accessible domestic communications apparatus

10Duty to encourage availability of easily usable apparatus

Media literacy

11Duty to promote media literacy

OFCOM’s Content Board

12Duty to establish and maintain Content Board

13Functions of the Content Board

Functions for the protection of consumers

14Consumer research

15Duty to publish and take account of research

16Consumer consultation

17Membership etc. of the Consumer Panel

18Committees and other procedure of the Consumer Panel

19Power to amend remit of Consumer Panel

Advisory committees

20Advisory committees for different parts of the United Kingdom

21Advisory committee on elderly and disabled persons

International matters

22Representation on international and other bodies

23Directions for international purposes in respect of broadcasting functions

General information functions

24Provision of information to the Secretary of State

25Community requirement to provide information

26Publication of information and advice for consumers etc.

Employment in broadcasting

27Training and equality of opportunity

Charging

28General power to charge for services

Guarantees

29Secretary of State guarantees for OFCOM borrowing

Provisions supplemental to transfer of functions

30Transfers of property etc. from pre-commencement regulators

31Transitional functions and abolition of pre-commencement regulators

Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Preliminary

32Meaning of electronic communications networks and services

Notification by providers

33Advance notification to OFCOM

34Designations and requirements for the purposes of s. 33

35Notification of contraventions of s. 33

36Enforcement notification for contravention of s. 33

37Penalties for contravention of s. 33

Administrative charges imposed on providers

38Fixing of charges

39Supplemental provision about fixing charges

40Notification of non-payment of charges

41Penalties for non-payment of charges

42Suspending service provision for non-payment

43Enforcement of directions under s. 42

44Duty of OFCOM to keep publicly accessible register

Conditions of entitlement to provide network or service etc.

45Power of OFCOM to set conditions

46Persons to whom conditions may apply

47Test for setting or modifying conditions

48Procedure for setting, modifying and revoking conditions

49Directions and approvals for the purposes of a s. 45 condition

50Delivery of copies of notifications etc.

General conditions: subject-matter

51Matters to which general conditions may relate

General conditions: customer interests

52Conditions relating to customer interests

53Approval of codes of practice for the purposes of s. 52

54Approval of dispute procedures for the purposes of s. 52

55Orders by OFCOM in the absence of conditions under s. 52

General conditions: telephone numbers

56The National Telephone Numbering Plan

57Conditions to secure access to telephone numbers

58Conditions about allocation and adoption of numbers

59Telephone numbering conditions binding non-providers

60Modification of documents referred to in numbering conditions

61Withdrawal of telephone number allocations

62Numbering reorganisations

63General duty as to telephone numbering functions

General conditions: must-carry obligations

64Must-carry obligations

Universal service conditions

65Obligations to be secured by universal service conditions

66Designation of universal service providers

67Subject-matter of universal service conditions

68Tariffs etc. for universal services

69Directories and directory enquiry facilities

70Review of compliance costs

71Sharing of burden of universal service obligations

72Report on sharing mechanism

Access-related conditions

73Permitted subject-matter of access-related conditions

74Specific types of access-related conditions

75Conditional access systems and access to digital services

76Modification and revocation of conditions imposed under s. 75

Privileged supplier conditions

77Imposition of privileged supplier conditions

SMP conditions: procedure

78Circumstances required for the setting of SMP conditions

79Market power determinations

80Proposals for identifying markets and for market power determinations

81Delivery of copies of notifications under ss. 79 and 80

82European Commission’s powers in respect of proposals

83Special rules for transnational markets

84Review of services market identifications and determinations

85Review of apparatus market identifications and determinations

86Cases where review required

SMP services conditions: subject-matter

87Conditions about network access etc.

88Conditions about network access pricing etc.

89Conditions about network access in exceptional cases

90Conditions about carrier selection and pre-selection

91Conditions about regulation of services etc. for end-users

92Conditions about leased lines

SMP apparatus conditions: subject-matter

93Conditions about apparatus supply

Enforcement of conditions

94Notification of contravention of conditions

95Enforcement notification for contravention of conditions

96Penalties for contravention of conditions

97Amount of penalty under s. 96

98Power to deal with urgent cases

99Confirmation of directions under s. 98

100Suspending service provision for contraventions of conditions

101Suspending apparatus supply for contraventions of conditions

102Procedure for directions under ss. 100 and 101

103Enforcement of directions under ss. 98, 100 and 101

104Civil liability for breach of conditions or enforcement notification

OFCOM’s duty to intervene on network access issues

105Consideration and determination of network access questions

Electronic communications code

106Application of the electronic communications code

107Procedure for directions applying code

108Register of persons in whose case code applies

109Restrictions and conditions subject to which code applies

110Enforcement of restrictions and conditions

111Enforcement notification for contravention of code restrictions

112Penalties for contravention of code restrictions

113Suspension of application of code

114Procedure for directions under s. 113

115Modification and revocation of application of code

116Notification of cessation by person to whom code applies

117Transitional schemes on cessation of application of code

118Compulsory acquisition of land etc.

119Power to give assistance in relation to certain proceedings

Regulation of premium rate services

120Conditions regulating premium rate services

121Approval of code for premium rate services

122Orders by OFCOM in the absence of a code under s. 121

123Enforcement of s. 120 conditions

124Suspending service provision for contraventions of s. 120 conditions

Offences relating to networks and services

125Dishonestly obtaining electronic communications services

126Possession or supply of apparatus etc. for contravening s. 125

127Improper use of public electronic communications network

Persistent misuse of network or service

128Notification of misuse of networks and services

129Enforcement notifications for stopping persistent misuse

130Penalties for persistent misuse

131Statement of policy on persistent misuse

Powers to deal with emergencies

132Powers to require suspension or restriction of a provider’s entitlement

133Enforcement of directions under s. 132

Restrictions in leases and licences

134Restrictions in leases and licences

Information provisions

135Information required for purposes of Chapter 1 functions

136Information required for related purposes

137Restrictions on imposing information requirements

138Notification of contravention of information requirements

139Penalties for contravention of information requirements

140Suspending service provision for information contraventions

141Suspending apparatus supply for information contraventions

142Procedure for directions under ss. 140 and 141

143Enforcement of directions under ss. 140 and 141

144Offences in connection with information requirements

145Statement of policy on information gathering

146Provision of information by OFCOM

Abolition of telecommunications licensing etc.

147Repeal of provisions of Telecommunications Act 1984

Local authority powers in relation to networks and services

148Powers of local authorities in connection with networks

Grants for networks and services in Northern Ireland

149Grants by Department of Enterprise, Trade and Investment

150Grants by district councils

Interpretation of Chapter 1

151Interpretation of Chapter 1

Chapter 2Spectrum use

General functions relating to spectrum use

152General functions of OFCOM in relation to radio spectrum

153United Kingdom Plan for Frequency Authorisation

154Duties of OFCOM when carrying out spectrum functions

155Advisory service in relation to interference

156Directions with respect to the radio spectrum

157Procedure for directions under s. 156

Reservation of spectrum for multiplex use

158Special duty in relation to television multiplexes

Recognised spectrum access

159Grant of recognised spectrum access

160Effect of grant of recognised spectrum access

161Charges in respect of grants of recognised spectrum access

162Conversion into and from wireless telegraphy licences

Crown use of the radio spectrum

163Payments for use of radio spectrum by the Crown

Limitations and exemptions applied to spectrum use

164Limitations on authorised spectrum use

165Terms etc. of wireless telegraphy licences

166Exemption from need for wireless telegraphy licence

Award and transfer of licences

167Bidding for wireless telegraphy licences

168Spectrum trading

Variation and revocation of licences

169Variation and revocation of wireless telegraphy licences

Wireless telegraphy register

170Wireless telegraphy register

Information requirements

171Information requirements in relation to wireless telegraphy licences

Criminal proceedings etc.

172Contraventions of conditions for use of wireless telegraphy

173Meaning of “repeated contravention” in s. 172

174Procedure for prosecutions of wireless telegraphy offences

175Special procedure for contraventions by multiplex licence holders

176Amount of penalty under s. 175

177“Relevant amount of gross revenue” for the purposes of s. 176

178Proceedings for an offence relating to apparatus use

179Modification of penalties for certain wireless telegraphy offences

180Fixed penalties for certain wireless telegraphy offences

181Power of arrest

182Forfeiture etc. of restricted apparatus

Construction of 1949 Act

183Modification of definition of “undue interference”

184Modification of definition of “wireless telegraphy”

Chapter 3Disputes and appeals

Disputes

185Reference of disputes to OFCOM

186Action by OFCOM on dispute reference

187Legal proceedings about referred disputes

188Procedure for resolving disputes

189Disputes involving other member States

190Resolution of referred disputes

191OFCOM’s power to require information in connection with dispute

Appeals

192Appeals against decisions by OFCOM, the Secretary of State etc.

193Reference of price control matters to the Competition Commission

194Composition of Competition Commission for price control references

195Decisions of the Tribunal

196Appeals from the Tribunal

Interpretation of Chapter 3

197Interpretation of Chapter 3

Part 3Television and Radio Services

Chapter 1The BBC, C4C the Welsh Authority and the Gaelic media service

The BBC

198Functions of OFCOM in relation to the BBC

C4C

199Functions of C4C

200Removal of members of C4C

201Deficits and surpluses of C4C

202Borrowing limit for C4C

The Welsh Authority

203Function of OFCOM in relation to the Welsh Authority

204Welsh Authority’s function of providing S4C and S4C Digital

205Powers to provide other services

206Other activities of Welsh Authority

207Welsh Authority finances

The Gaelic Media Service

208The Gaelic Media Service

209Membership of the Service

210Supplementary provisions about the Service

Chapter 2Regulatory Structure for Independent Television Services

Preliminary

211Regulation of independent television services

212Abolition of function of assigning television frequencies

213Abolition of licensing for local cable systems

Channels 3 and 5

214Digital Channel 3 and Channel 5 licences

215Replacement of existing Channel 3 and Channel 5 licences

216Renewal of Channel 3 and 5 licences

217Financial terms of licence renewed under s. 216

The public teletext service

218Duty to secure the provision of a public teletext service

219Licensing of the public teletext service

220Delegation of provision of public teletext service

221Replacement of existing public teletext provider’s licence

222Renewal of public teletext licence

223Financial terms of licence renewed under s. 222

Meaning of initial expiry date

224Meaning of “initial expiry date”

Reviews relating to licensing of Channels 3 & 5 and teletext

225Application for review of financial terms of replacement licences

226Application for review of financial terms in consequence of new obligations

227Reviews under ss. 225 and 226

228Giving effect to reviews under ss. 225 and 226

229Report in anticipation of new licensing round

230Orders suspending rights of renewal

Replacement of Channel 4 licence

231Replacement of Channel 4 licence

Television licensable content services

232Meaning of “television licensable content service”

233Services that are not television licensable content services

234Modification of ss. 232 and 233

235Licensing of television licensable content services

236Direction to licensee to take remedial action

237Penalties for contravention of licence condition or direction

238Revocation of television licensable content service licence

239Action against licence holders who incite crime or disorder

240Abolition of separate licences for certain television services

Television multiplex services

241Television multiplex services

242Composition of services in television multiplexes

243Powers where frequencies reserved for qualifying services

Local digital television services

244Local digital television services

Chapter 3Regulatory Structure for Independent Radio Services

Preliminary

245Regulation of independent radio services

246Abolition of function of assigning radio frequencies

Radio licensable content services

247Meaning of “radio licensable content services”

248Services that are not radio licensable content services

249Modification of ss. 247 and 248

250Licensing of radio licensable content services

251Abolition of separate licences for certain sound services

Licence periods etc.

252Extension of licence periods

253Extension and modification of existing licences

254Renewal of local licences

255Extension of special application procedure for local licences

Provision of simulcast radio services

256Definition of simulcast radio services

257Promotion of simulcast radio services

Multiplexes broadcasting sound programmes

258Radio multiplex services

259Composition of services in radio multiplexes

260Digital sound services for inclusion in non-radio multiplexes

261Renewal of radio multiplex licences

Community radio

262Community radio

Chapter 4Regulatory provisions

Application of regulatory regimes

263Application of regulatory regimes

The public service remit for television

264OFCOM reports on the fulfilment of the public service remit

265Public service remits of licensed providers

266Statements of programme policy

267Changes of programme policy

268Statements of service policy by the public teletext provider

269Changes of service policy

270Enforcement of public service remits

271Power to amend public service remits

Must-offer obligations etc. affecting public service television

272Must-offer obligations in relation to networks

273Must-offer obligations in relation to satellite services

274Securing reception of must-provide services in certain areas

275Must-provide services for the purposes of s. 274

276Co-operation with the public teletext provider

Programming quotas for public service television

277Programming quotas for independent productions

278Programming quotas for original productions

News provision etc. on public service television

279News and current affairs programmes

280Appointed news providers for Channel 3

281Disqualification from appointment as news provider

282Power to repeal or modify Channel 3 news provider provisions

283News providers for Channel 5

284News provision on the public teletext service

Independent and regional productions and programmes for public service television

285Code relating to programme commissioning

286Regional programme-making for Channels 3 and 5

287Regional programmes on Channel 3

288Regional programme-making for Channel 4

289Regional matters in the public teletext service

Networking arrangements for Channel 3

290Proposals for arrangements

291Obligation as to making and continuance of approved arrangements

292OFCOM’s power to impose arrangements

293Review of approved networking arrangements etc.

294Supplemental provision about networking arrangements

Special obligations for Channel 4

295Involvement of C4 Corporation in programme-making

296Schools programmes on Channel 4

297Channel 4 contribution towards national television archive

Special obligation for the public teletext provider

298Conditions prohibiting interference with other services

Sporting and other events of national interest

299Categorisation of listed events

300Effects of categorisation of listed events

301Code relating to listed events

302Regulations about coverage of listed events

Television services for the deaf and visually impaired

303Code relating to provision for the deaf and visually impaired

304Procedure for issuing and revising code under s. 303

305Meaning of “relevant date” in s. 303

306Power to modify targets in s. 303

307Observance of code under s. 303

308Assistance for the visually impaired with the public teletext service

Programming quotas for digital television programme services

309Quotas for independent programmes

Regulation of electronic programme guides

310Code of practice for electronic programme guides

311Conditions to comply with code under s. 310

Character and coverage of radio services

312Character and coverage of sound broadcasting services

313Consultation about change of character of local services

314Local content and character of local sound broadcasting services

315Variations of radio multiplex licences affecting service characteristics

Competition between licensed providers etc.

316Conditions relating to competition matters

317Exercise of Broadcasting Act powers for a competition purpose

318Review of powers exercised for competition purposes

Programme and fairness standards for television and radio

319OFCOM’s standards code

320Special impartiality requirements

321Objectives for advertisements and sponsorship

322Supplementary powers relating to advertising

323Modification of matters to be taken into account under s. 319

324Setting and publication of standards

325Observance of standards code

326Duty to observe fairness code

327Standards with respect to fairness

328Duty to publicise OFCOM’s functions in relation to complaints

Power to proscribe unacceptable foreign television and radio services

329Proscription orders

330Effect of proscription order

331Notification for enforcing proscription

332Penalties for contravention of notification under s. 331

Party political broadcasts on television and radio

333Party political broadcasts

Monitoring of programmes

334Retention and production of recordings

International obligations

335Conditions securing compliance with international obligations

Government requirements for licensed services

336Government requirements for licensed services

Equal opportunities and training

337Promotion of equal opportunities and training

Corresponding rules for the BBC and Welsh Authority

338Corresponding rules for the BBC and the Welsh Authority

Enforcement against the Welsh Authority

339Review of fulfilment by Welsh Authority of public service remits

340Directions to Welsh Authority to take remedial action

341Imposition of penalties on the Welsh Authority

342Contraventions recorded in Welsh Authority’s annual report

343Provision of information by Welsh Authority

Enforcement of licence conditions

344Transmission of statement of findings

345Financial penalties imposable on licence holders

346Recovery of fees and penalties

Broadcasting Act licence fees

347Statement of charging principles

Chapter 5Media ownership and control

Restrictions on licence holders

348Modification of disqualification provisions

349Licence holding by local authorities

350Relaxation of licence-holding restrictions

Changes of control

351Changes of control of Channel 3 services

352Action following review under s. 351

353Changes of control of Channel 5

354Action following review under s. 353

355Variation of local licence following change of control

356Action following review under s. 355

Meaning of control

357Meaning of “control”

Chapter 6Other provisions about television and radio services

Annual report on television and radio

358Annual factual and statistical report

Community radio and local digital television

359Grants to providers

Supplemental provisions of Part 3

360Amendments of the 1990 and 1996 Acts

361Meaning of “available for reception by members of the public”

362Interpretation of Part 3

Part 4Licensing of TV reception

363Licence required for use of TV receiver

364TV licences

365TV licence fees

366Powers to enforce TV licensing

367Interpretation of provisions about dealer notification

368Meanings of “television receiver” and “use”

Part 5Competition in communications markets

Chapter 1Functions of OFCOM under competition legislation

369Matters in relation to which OFCOM have competition functions

370OFCOM’s functions under Part 4 of the Enterprise Act 2002

371OFCOM’s functions under the Competition Act 1998

372Application of the Competition Act 1998 to news provision

Chapter 2Media mergers

Introductory

373Repeal of existing newspaper merger regime

374Repeal of exclusion for newspaper mergers from general merger controls

Adaptation for media mergers of main merger regime

375Media public interest considerations

376Adaptation of role of OFT in initial investigations and reports

377Additional investigation and report by OFCOM

Extension of special public interest regime

378Extension of special public interest regime for certain media mergers

379Adaptation of role of OFT in special public interest regime

380Additional investigation and report by OFCOM: special public interest cases

New general functions in relation to media mergers

381Public consultation in relation to media mergers

382General information duties in relation to media mergers

383Advice and information in relation to media mergers

384General advisory functions of OFCOM in relation to media mergers

385Other general functions of OFCOM in relation to media mergers

386Monitoring role for OFT in relation to media mergers

Supplemental provisions of Chapter 2

387Enforcement powers in relation to newspaper and other media mergers

388Alterations concerning newspaper panel of Competition Commission

389Further provision in connection with media mergers

Part 6Miscellaneous and Supplemental

Annual report

390Annual report on the Secretary of State’s functions

Review of media ownership

391Review of media ownership

Guidelines as to penalties

392Penalties imposed by OFCOM

Disclosure of information

393General restrictions on disclosure of information

Notifications etc. and electronic working

394Service of notifications and other documents

395Notifications and documents in electronic form

396Timing and location of things done electronically

Other miscellaneous provisions

397Purchase of Duchy of Lancaster land

398Repeal of certain provisions of the Telecommunications Act 1984

Supplemental

399Expenses

400Destination of licence fees and penalties

401 Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006

402Power of Secretary of State to make orders and regulations

403Regulations and orders made by OFCOM

404Criminal liability of company directors etc.

405General interpretation

406Minor and consequential amendments, transitionals and repeals

407Pre-consolidation amendments

408Transitional provision for anticipatory carrying out of functions

409Modifications consequential on regulations implementing Directives

410Application of enactments to territorial sea and other waters

411Short title, commencement and extent

SCHEDULES

SCHEDULE 1Functions transferred to OFCOM

Wireless telegraphy functions

1(1) Subject to sub-paragraphs (2) and (3), the functions of...

2(1) The functions of the Secretary of State under section...

Functions in relation to the licensing etc. of television services

3The following functions of the Independent Television Commission are transferred...

Functions in relation to C4C

4The functions conferred on the Independent Television Commission by or...

Functions in relation to the licensing of radio services

5The following functions of the Radio Authority are transferred to...

Functions in relation to the proscription of foreign satellite services

6The functions of the Independent Television Commission and of the...

Functions in relation to Gaelic broadcasting

7The functions of the Independent Television Commission under sections 183...

Functions in relation to the national television archive

8The functions of the Independent Television Commission under section 185...

Warrants to enter and search premises to enforce broadcasting licences provisions

9The functions of the Independent Television Commission and of the...

Variation of existing Channel 3 and Channel 5 licences

10Any power to vary licences which is conferred on the...

Reports for the purposes of the review of digital broadcasting

11The functions of the Independent Television Commission and of the...

Functions in relation to reservation of digital capacity to the BBC

12The function of the Secretary of State under section 49(4)...

Functions in relation to listed events

13The functions of the Independent Television Commission under Part 4...

Functions relating to fairness and privacy in broadcasting

14The following functions of the Broadcasting Standards Commission under Part...

SCHEDULE 2Transfer schemes

Contents of transfer scheme

1(1) A transfer scheme— (a) shall set out the property,...

Effect of transfer scheme

2(1) Property transferred by a transfer scheme shall, on the...

Retrospective modification of a transfer scheme

3(1) If at any time after the coming into force...

Compensation

4(1) Where, in consequence of any provision included in a...

Stamp duty

5(1) Stamp duty is not to be chargeable—

Interpretation of Schedule

6In this Schedule “transfer scheme” means a scheme made by...

SCHEDULE 3Amendments of Schedule 2 to the Telecommunications Act 1984

Introductory

1Schedule 2 to the Telecommunications Act 1984 (c. 12) (the...

Meaning of conduit system and electronic communications apparatus, network or service

2(1) In sub-paragraph (1) of paragraph 1 (interpretation of the...

Meaning of operator and operator’s system

3(1) In sub-paragraph (1) of paragraph 1 for the definitions...

Provision of a conduit system

4After sub-paragraph (3) of paragraph 1 there shall be inserted—...

General amendments

5In paragraphs 2 to 28— (a) for the words “telecommunication...

Power to fly lines

6In paragraph 10 (power to fly lines), after sub-paragraph (2)...

Power to require alteration of apparatus

7In paragraph 20(4)(b) (alteration not to interfere with service provided...

Undertaker’s works

8In paragraph 23(10) (interpretation of provisions relating to undertakers' works),...

Notices under the code

9(1) In sub-paragraph (1) of paragraph 24 (notices in a...

Application of code to the Crown

10In paragraph 26(4) (Crown application provision not to apply where...

Effect of agreements concerning sharing of apparatus

11After paragraph 28, there shall be inserted— Effect of agreements...

SCHEDULE 4Compulsory purchase and entry for exploratory purposes

Interpretation

1In this Schedule— “code operator” means a provider of an...

General duties with respect to powers under Schedule

2In exercising his powers under this Schedule it shall be...

Compulsory purchase of land: England and Wales

3(1) Subject to sub-paragraph (2), the Secretary of State may...

Compulsory purchase of land: Scotland

4(1) Subject to sub-paragraph (2), the Secretary of State may...

Compulsory purchase of land: Northern Ireland

5(1) Where a code operator proposes to acquire, otherwise than...

Entry on land for exploratory purposes: England and Wales

6(1) A person— (a) nominated by a code operator, and...

Entry on land for exploratory purposes: Scotland

7(1) A person— (a) nominated by a code operator, and...

Entry on land for exploratory purposes: Northern Ireland

8(1) A person— (a) nominated by a code operator, and...

Acquisition of land by agreement

9(1) For the purpose of the acquisition by agreement by...

SCHEDULE 5Procedure for grants of recognised spectrum access

General procedure for applications

1(1) An application for a grant of recognised spectrum access...

Information to be provided in connection with applications

2The grounds on which a grant of recognised spectrum access...

Notice of proposed refusal of application

3(1) Where OFCOM propose to refuse an application for a...

Duration of grant

4A grant of recognised spectrum access continues in force, unless...

Revocation or modification

5OFCOM may revoke or modify a grant of recognised spectrum...

Notice of proposed revocation or modification

6(1) Where OFCOM propose to revoke or modify a grant...

Restriction on powers of revocation and modification

7(1) The conditions that OFCOM may include in a grant...

Interpretation

8In this Schedule, “stations for wireless telegraphy” and “apparatus for...

SCHEDULE 6Fixed penalties for wireless telegraphy offences

Offences to which this Schedule applies

1. . . . . . . . . ....

Fixed penalties and fixed penalty notices

2. . . . . . . . . ....

Issuing of fixed penalty notice

3. . . . . . . . . ....

Content of fixed penalty notice

4. . . . . . . . . ....

Withdrawal of fixed penalty notice

5. . . . . . . . . ....

Notification to person to whom payment is to be made

6. . . . . . . . . ....

Effect of fixed penalty notice

7. . . . . . . . . ....

Payment of fixed penalty

8. . . . . . . . . ....

Effect of payment

9. . . . . . . . . ....

Service of statement and proof of service

10. . . . . . . . . ....

Certificate about payment

11. . . . . . . . . ....

Regulations

12. . . . . . . . . ....

Interpretation

13. . . . . . . . . ....

SCHEDULE 7Seizure and forfeiture of apparatus

Application of Schedule

1(1) This Schedule applies to restricted apparatus seized, after the...

Notice of seizure

2(1) OFCOM must give notice of the seizure of the...

Notice of claim

3A person claiming that the restricted apparatus is not liable...

4(1) A notice of claim must be given within one...

Condemnation

5The restricted apparatus is to be taken to have been...

6(1) Where a notice of claim in respect of the...

7Where the restricted apparatus is condemned or taken to have...

Proceedings for condemnation by court

8Proceedings for condemnation are civil proceedings and may be instituted—...

9Proceedings for the condemnation of restricted apparatus instituted in a...

10(1) In proceedings for condemnation that are instituted in England...

11(1) In the case of proceedings for condemnation instituted in...

12Where an appeal has been made (whether by case stated...

Disposal of unclaimed property

13(1) This paragraph applies where a requirement is imposed by...

Provisions as to proof

14In proceedings arising out of the seizure of restricted apparatus,...

15In any proceedings, the condemnation by a court of restricted...

Special provisions as to certain claimants

16(1) This paragraph applies for the purposes of a claim...

Saving for owner’s rights

17Neither the imposition of a requirement by or under this...

SCHEDULE 8Decisions not subject to appeal

Prosecutions and civil proceedings

1A decision to institute, bring or carry on any criminal...

2A decision (other than one under section 119) to take...

This Act

3A decision relating to the making or revision of a...

4A decision required to be published in a notification under...

5A decision given effect to by an order under section...

6A decision given effect to by regulations under section 66....

7A decision given effect to by regulations under section 71....

8A decision required to be published in a notification under...

9A decision given effect to by an order under section...

10A decision relating to the making or revision of a...

11A decision given effect to by an order under section...

12A decision relating to the making or revision of a...

13A decision relating to the publication of the United Kingdom...

14A decision in exercise of the functions conferred on OFCOM...

15A decision under section 155.

16A decision under section 158.

17A decision given effect to by regulations under section 159....

18A decision given effect to by regulations under section 162....

19A decision given effect to by an order under section...

20A decision given effect to by regulations under section 168....

21A decision given effect to by regulations under section 170...

22A decision to impose a penalty under section 175(1).

23A decision relating to the making or revision of a...

24A decision given effect to by regulations under paragraph 1...

25A decision under any provision of Schedule 6.

26A decision under any provision of Schedule 7.

Wireless Telegraphy Act 1949

27A decision given effect to by regulations under the proviso...

28A decision given effect to by regulations under section 1D(3)...

29A decision given effect to by regulations under section 3...

30A decision given effect to by regulations under section 10...

31A decision relating to the making or revision of a...

32A decision for the purposes of section 15 of that...

Wireless Telegraphy Act 1998

33A decision given effect to by regulations under section 1...

34A decision given effect to by regulations under section 3...

35A decision given effect to by regulations under section 3A...

36A decision relating to the recovery of a sum payable...

SCHEDULE 9Arrangements about carrying on of C4C’s activities

Notification of requirement to submit proposals

1(1) It shall be the duty of OFCOM to give...

Submission of proposed arrangements

2(1) This paragraph applies where C4C have received a notification...

Consideration and approval of proposals

3(1) OFCOM must consider every proposal or revised proposal submitted...

Duration of approval and modification of arrangements

4(1) Arrangements approved under this Schedule are to remain in...

Publication of approved arrangements

5(1) OFCOM must publish all arrangements approved by them under...

Duty of C4C to act in accordance with the approved arrangements

6It shall be the duty of C4C to act in...

nforcement of duties

7(1) This paragraph applies to— (a) every duty of C4C...

Penalty for contravention of the arrangements

8(1) OFCOM may impose a penalty on C4C if C4C...

OFCOM’s duty to take account of need to support C4C’s primary functions

9In exercising their powers under this Schedule OFCOM must have...

Interpretation of Schedule

10In this Schedule— “arrangements” means arrangements about the procedures and...

SCHEDULE 10Licensing the public teletext service

Part 1Applications for and award of licence

Notice of proposal to grant licence

1(1) Where OFCOM propose to grant a licence to provide...

Guidance as to applications

2(1) When publishing a notice under paragraph 1, OFCOM must...

Applications for the licence

3(1) An application made in response to a notice under...

Notice inviting public representations

4(1) As soon as reasonably practicable after the date specified...

Determination of applications

5(1) This paragraph applies where, in response to a notice...

Revocation of award

6(1) This paragraph applies if, at any time after a...

Part 2Conditions and enforcement of licence

Payments to be made in respect of the public teletext service

7(1) A licence to provide the public teletext service must...

Corrections and statements of findings by the public teletext provider

8(1) Section 40 of the 1990 Act (power to direct...

Enforcement of the licence for the public teletext service

9(1) If OFCOM are satisfied that the holder of the...

Power to shorten licence period

10(1) If OFCOM are satisfied that the holder of the...

Revocation for contravention of condition or direction

11Section 42 of the 1990 Act (revocation for contravention) shall...

Penalty on revocation

12(1) Where OFCOM revoke the licence to provide the public...

Power to modify penalties in paragraph 12

13(1) The Secretary of State may by order substitute a...

Part 3Interpretation of Schedule

14In this Schedule “licence period”, in relation to a licence,...

15(1) For the purposes of this Schedule the qualifying revenue...

SCHEDULE 11Approval, imposition and modification of networking arrangements

Application of Schedule

1(1) This Schedule applies where OFCOM’s approval of networking arrangements...

Approval required for modifications

2(1) Where networking arrangements are approved by OFCOM for purposes...

Procedure for giving approval

3(1) This paragraph applies where arrangements or modifications are submitted...

Decision of OFCOM whether or not to approve arrangements or modifications

4(1) The decision made by OFCOM under paragraph 3(4) has...

Notification of decisions on imposition of arrangements

5(1) Where OFCOM impose arrangements they must prepare and publish...

Competition tests applying to OFCOM’s decisions

6(1) OFCOM must not— (a) approve arrangements or modifications,

Other matters to be taken into account

7(1) OFCOM must not— (a) approve arrangements or modifications,

Duty to refuse approval in certain cases

8(1) This paragraph applies to a decision by OFCOM—

Appeals against decisions relating to competition test

9(1) A person holding a regional Channel 3 licence may...

Decisions on an appeal

10(1) Appeals to the Tribunal under paragraph 9 are to...

Appeals against decisions of the Tribunal

11(1) A decision of the Tribunal on an appeal under...

Information for OFCOM

12(1) OFCOM may by notice require a person—

Enforcement of information provisions

13(1) The court may, on an application by OFCOM, enquire...

Confidentiality and defamation

14(1) When publishing a report prepared under paragraph 4 or...

Interpretation of Schedule

15In this Schedule— “competition test” is to be construed in...

SCHEDULE 12Corresponding obligations of the BBC and Welsh Authority

Part 1The BBC

Quotas for independent productions

1(1) It shall be the duty of the BBC to...

Duty to publicise complaints procedures etc.

2(1) It shall be the duty of the BBC to...

Part 2The Welsh Authority

Public service remits of the Welsh Authority services

3(1) It shall be the duty of the Welsh Authority...

Statements of programme policy

4(1) It shall be the duty of the Welsh Authority—...

Must-offer obligations in relation to networks and satellite services

5(1) It shall be the duty of the Welsh Authority...

Supply of services by satellite in certain areas

6It shall be the duty of the Welsh Authority—

Programming quotas for independent productions

7(1) It shall be the duty of the Welsh Authority...

Programme quotas for original productions

8(1) It shall be the duty of the Welsh Authority,...

News and current affairs programmes

9(1) It shall be the duty of the Welsh Authority,...

Code relating to programme commissioning

10(1) It shall be the duty of the Welsh Authority...

Co-operation with the public teletext provider

11(1) The Welsh Authority must grant access to the public...

Programme standards

12It shall be the duty of the Welsh Authority in...

13It shall be the duty of the Welsh Authority to...

14(1) It shall be the duty of the Welsh Authority...

15(1) This paragraph applies if OFCOM are satisfied—

Directions with respect to advertising

16(1) The Welsh Authority must comply with directions given to...

Fairness standards

17It shall be the duty of the Welsh Authority to...

Party political broadcasts

18(1) It shall be the duty of the Welsh Authority...

Duty to publicise complaints procedures etc.

19(1) It shall be the duty of the Welsh Authority...

Monitoring of programmes

20(1) It shall be the duty of the Welsh Authority—...

Compliance with international obligations

21(1) OFCOM may give the Welsh Authority such directions as...

Services for the deaf and visually impaired

22It shall be the duty of the Welsh Authority to...

Equality of opportunity

23(1) It shall be the duty of the Welsh Authority...

Meaning of Welsh Authority’s public services

24(1) In this Part of this Schedule, references to the...

SCHEDULE 13Financial penalties under the Broadcasting Acts

Part 1Broadcasting Act 1990

Preliminary

1The 1990 Act shall be amended as follows.

Revocation of television services licence

2(1) In subsection (3) of section 18 (penalty on revocation...

Licences for Channel 3 services and for Channels 4 and 5

3(1) For subsection (2) of section 41 (penalties for failure...

Restricted services licences

4(1) In subsection (2) of section 42B (application of sections...

Additional television services licences

5(1) For subsection (2) of section 55 (penalties for failure...

Revocation of national sound broadcasting licence

6(1) In subsection (3) of section 101 (penalty on revocation...

Licences for analogue sound services

7(1) For subsection (2) of section 110 (penalties for failure...

Additional radio services licences

8(1) For subsection (2) of section 120 (penalties for failure...

Power to amend penalties under the 1990 Act

9(1) The Secretary of State may by order amend any...

Part 2Broadcasting Act 1996

Preliminary

10The 1996 Act shall be amended as follows.

Revocation of television multiplex licences

11(1) In subsection (5) of section 11 (penalty on revocation...

Attribution of television multiplex revenue

12(1) In subsection (1) of section 15 (attribution of multiplex...

Multiplex licences

13(1) In subsection (2) of section 17 (penalty for failure...

Digital television programme licences

14(1) In subsection (2) of section 23 (penalty for failure...

Digital additional television services licences

15(1) In subsection (2) of section 27 (penalty for failure...

Power to amend digital television penalties

16For section 36(2) and (3) (provisions that may be amended...

Revocation of radio multiplex licences

17(1) In section 53(5) (maximum penalty on revocation of radio...

Attribution of radio multiplex revenue

18(1) In subsection (1) of section 57 (attribution of multiplex...

Contraventions of conditions of radio multiplex licences

19(1) In subsection (2) of section 59 (penalty for failure...

Digital sound programme licences

20(1) In subsection (2) of section 62 (penalty for failure...

Licences for digital additional sound services

21(1) In subsection (2) of section 66 (penalty for failure...

Power to amend digital television penalties

22For section 69(2) and (3) (provisions that may be amended...

SCHEDULE 14Media ownership rules

Part 1Channel 3 services

Ban on newspaper proprietors holding Channel 3 licences

1(1) A person is not to hold a licence to...

Restrictions on participation

2(1) A person who is— (a) the proprietor of a...

National and local newspapers and their respective national and local market shares

3(1) In this Part of this Schedule references to a...

Construction of references to running a newspaper

4For the purposes of this Part of this Schedule a...

Coverage area for a Channel 3 service

5For the purposes of this Part of this Schedule the...

Power to amend Part 1 of Schedule

6The Secretary of State may by order repeal or otherwise...

Part 2Radio multiplex services

Restriction on holding of national radio multiplex licences

7A person is not to hold more than one national...

Restriction on holding of local radio multiplex licences

8(1) A person is not to hold any two local...

Connected persons rules etc.

9For the purposes of this Part of this Schedule, where...

Power to amend Part 2 of Schedule

10The Secretary of State may by order repeal or otherwise...

Part 3Local sound programme services

Restriction on holding of local sound broadcasting licences

11(1) The Secretary of State may by order impose—

Restriction applying to local digital sound programme services

12(1) The Secretary of State may by order impose requirements,...

Powers supplemental to powers under paragraphs 11 and 12

13(1) An order under paragraph 11 or 12 may make...

Transitional provision for orders under paragraphs 11 and 12

14(1) This paragraph applies where— (a) immediately after the coming...

Part 4Religious bodies etc.

Approval required for religious bodies etc. to hold licences

15(1) A person mentioned in paragraph 2(1) of Part 2...

Power to amend Part 4 of Schedule

16The Secretary of State may by order repeal or otherwise...

Part 5Supplemental provisions of Schedule

Procedure for orders

17(1) Before making an order under any provision of this...

Interpretation of Schedule

18(1) Part 1 of Schedule 2 to the 1990 Act...

SCHEDULE 15Amendments of Broadcasting Acts

Part 1Amendments of the 1990 Act

Licences under Part 1

1(1) Section 3 of the 1990 Act (licensing under Part...

General licence conditions

2(1) Section 4 of the 1990 Act (general licence conditions)...

Restrictions on licence holding

3(1) Section 5 of the 1990 Act (restrictions on licence...

Repeal of previous regulatory regime

4Sections 6 to 12 of the 1990 Act (which contain...

Prohibition on providing television services without a licence

5(1) Section 13 of the 1990 Act (prohibition on providing...

Television broadcasting on Channel 3

6In section 14 of the 1990 Act (establishment of Channel...

Applications for Channel 3 licences

7(1) Section 15 of the 1990 Act (applications for Channel...

Procedure on consideration of applications for Channel 3 licences

8(1) Section 16 of the 1990 Act (consideration of applications...

Television broadcasting on Channel 3

9(1) Section 17 of the 1990 Act (award of licences...

Financial conditions of licence and failures to begin a service

10In sections 17A to 19 of the 1990 Act (financial...

Changes of control in period after award of licence

11(1) Section 21 of the 1990 Act (changes of control...

Temporary provision of Channel 3 service for an additional area

12In section 22 of the 1990 Act (temporary provision of...

Appointment of members of C4 Corporation

13In section 23 of the 1990 Act (appointment of C4C...

Channel 4 licence

14In section 24(3) of the 1990 Act (Channel 4 licence),...

Channel 5

15In section 28 of the 1990 Act (Channel 5), for...

Application to Channel 5 of Channel 3 provisions

16(1) In section 29 of the 1990 Act (application to...

Announcement of programme Schedules

17In section 37(1) of the 1990 Act (conditions requiring announcement...

Enforcement of conditions of Channel 3, Channel 4 and Channel 5 licences

18(1) In sections 40 to 42 of the 1990 Act...

Restricted services

19In section 42B(1) of the 1990 Act (licensing of restricted...

Additional television services

20(1) Section 48 of the 1990 Act (additional services) shall...

Licensing of additional television services

21(1) Section 49 of the 1990 Act (licensing of additional...

Applications for additional services licences

22(1) Section 50 of the 1990 Act (applications for additional...

Procedure on application etc. for additional television services licences

23(1) Section 51 of the 1990 Act (consideration of applications...

Additional payments in respect of additional television services licences

24In section 52 of the 1990 Act (additional payments in...

Duration of additional television services licences

25(1) Section 53 of the 1990 Act (duration and renewal...

Additional television services not to interfere with other transmissions

26(1) Section 54 of the 1990 Act (additional television services...

Enforcement of additional television services licences

27(1) Section 55 of the 1990 Act (further provision in...

The Welsh Authority

28(1) Section 58 of the 1990 Act (sources of programmes...

Distribution of licensed public service channels

29(1) Section 66 of the 1990 Act (requirements relating to...

Enforcement of licences held by BBC companies

30In section 66A of the 1990 Act (enforcement of licences...

Interpretation of Part 1

31(1) Section 71 of the 1990 Act (interpretation) shall be...

Licensing functions of OFCOM

32(1) Section 85 of the 1990 Act (licensing of independent...

Licences under Part 3 of the 1990 Act

33(1) Section 86 of the 1990 Act (licences under Part...

General licence conditions

34(1) Section 87 of the 1990 Act (general licence conditions)...

Restrictions on holding licences

35(1) Section 88 of the 1990 Act (restrictions on the...

Disqualification of persons convicted of transmission offences

36(1) Section 89 of the 1990 Act (offences giving rise...

Offence of providing regulated radio services

37(1) Section 97 of the 1990 Act (prohibition on providing...

Applications for national licences

38(1) Section 98 of the 1990 Act (applications for national...

Consideration of applications for a national licence

39(1) Section 99 of the 1990 Act (consideration of applications...

Award of national licences

40In section 100 of the 1990 Act (award of national...

Failure to begin providing licensed service

41(1) Section 101 of the 1990 Act (failure to begin...

Additional payments in respect of national licences

42In section 102 of the 1990 Act (additional payments in...

Restrictions affecting change in control of holder of national licence

43(1) Section 103 of the 1990 Act (restrictions on change...

Renewal of national licences

44(1) Section 103A of the 1990 Act (renewal of national...

Applications for local licences

45(1) Section 104 of the 1990 Act (application for local...

Renewal of local licences

46(1) Section 104A of the 1990 Act (renewal of local...

Special procedure for applications for local licences

47(1) Section 104B of the 1990 Act (special procedure for...

Special requirements relating to grant of local licences

48(1) Section 105 of the 1990 Act (special requirements relating...

Requirements as to character and coverage of services

49In subsections (1) to (4) and (6) of section 106...

Enforcement of licences

50In sections 109 to 111A of the 1990 Act (enforcement...

Power to suspend licences to provide radio licensable content services from a satellite

51(1) Section 111B of the 1990 Act (power to suspend...

Additional radio services

52(1) Section 114 of the 1990 Act (additional radio services)...

Licensing of additional radio services

53(1) Section 115 of the 1990 Act (licensing of additional...

Applications for additional radio services licences

54(1) Section 116 of the 1990 Act (applications for additional...

Procedure for awarding additional radio services licences

55(1) Section 117 of the 1990 Act (procedure for awarding...

Additional payments in respect of additional radio services licences

56In section 118 of the 1990 Act (additional payments in...

Additional radio services not to interfere with other transmissions

57(1) Section 119 of the 1990 Act (additional radio services...

Enforcement of additional radio services licences

58In section 120 of the 1990 Act (enforcement of additional...

Interpretation

59In subsection (1) of section 126 of the 1990 Act...

Duty to provide advance information about programmes

60In column 1 of the Table in section 176(7) of...

Proscription of foreign satellite services

61(1) Section 177 of the 1990 Act (proscription of foreign...

Financing of Gaelic Broadcasting

62(1) Section 183 of the 1990 Act (financing of Gaelic...

Gaelic Broadcasting in Scotland

63(1) Section 184 of the 1990 Act (broadcasting of programmes...

Maintenance of the national television archive

64(1) In section 185 of the 1990 Act (maintenance of...

Modification of networking arrangements

65(1) Section 193 of the 1990 Act (modification of networking...

Search warrants

66(1) Section 196 of the 1990 Act (grant of search...

Notices

67In section 199(5) of the 1990 Act (publication of notices),...

Interpretation

68(1) Section 202 of the 1990 Act (general interpretation) shall...

Disqualified persons

69(1) Schedule 2 to the 1990 Act (restrictions on the...

C4C

70(1) Schedule 3 to the 1990 Act (provision about constitution...

The Welsh Authority

71(1) Schedule 6 to the 1990 Act (provision about constitution...

Computation of qualifying revenue

72(1) Schedule 7 to the 1990 Act (computation of “qualifying...

The Gaelic Television Committee

73(1) Schedule 19 to the 1990 Act (Gaelic Television Committee)...

Part 2Amendments of the 1996 Act

Multiplex services and digital programme services

74(1) Section 1 of the 1996 Act (interpretation) shall be...

Meaning of qualifying service

75In section 2 of the 1996 Act (meaning of “qualifying...

Licences under Part 1

76(1) Section 3 of the 1996 Act (licences under Part...

Licence conditions

77(1) Section 4 of the 1996 Act (general licence conditions)...

Restrictions on digital licence holding

78(1) Section 5 of the 1996 Act (restrictions on holding...

Multiplex licences

79(1) Section 7 of the 1996 Act (multiplex licences) shall...

Award of multiplex licences

80(1) Section 8 of the 1996 Act (award of multiplex...

Power to require two or more multiplex licences to be granted to one person

81In section 9 of the 1996 Act (grant of two...

Award of multiplex licences subject to conditions

82(1) Section 10 of the 1996 Act (award of multiplex...

Failure to provide licensed service and revocation

83In section 11 of the 1996 Act (failure to provide...

Conditions attached to multiplex licences

84In section 12 of the 1996 Act (conditions attached to...

Additional payments in respect of multiplex licences

85In section 13 of the 1996 Act (additional payments in...

Multiplex revenue

86(1) Section 14 of the 1996 Act (multiplex revenue) shall...

Attribution of multiplex revenue to multiplex providers

87(1) Section 15 of the 1996 Act (attribution of multiplex...

Duration of multiplex licences

88(1) Section 16 of the 1996 Act (duration and renewal...

Enforcement of multiplex licences

89In section 17 of the 1996 Act (enforcement of multiplex...

Licensing of digital programme services

90(1) Section 18 of the 1996 Act (licensing of digital...

Conditions of licences for digital programme services

91(1) Section 19 of the 1996 Act (conditions of licences...

Duration and enforcement of multiplex licenses

92(1) Section 23 of the 1996 Act (enforcement of digital...

Digital additional services

93(1) Section 24 of the 1996 Act (digital additional services)...

Licensing of digital additional services

94(1) Section 25 of the 1996 Act (licensing of digital...

Conditions of digital additional services licence

95(1) Section 26 of the 1996 Act (conditions of licences...

Enforcement of digital additional television services licences

96(1) Section 27 of the 1996 Act (enforcement of digital...

Digital broadcasting of Gaelic programmes

97(1) Section 32 of the 1996 Act (digital broadcasting of...

Review of digital television broadcasting

98(1) Section 33 of the 1996 Act (review of digital...

Enforcement of licences held by BBC companies

99In section 35 of the 1996 Act (enforcement of licences...

Interpretation of Part 1

100In section 39(1) (interpretation of Part 1)—

Radio multiplex services

101(1) Section 40 of the 1996 Act (radio multiplex services)...

Licences under Part 2 of the 1996 Act

102(1) Section 42 of the 1996 Act (licences under Part...

General licence conditions

103(1) Section 43 of the 1996 Act (general licence conditions)...

Restrictions on holding licences

104(1) Section 44 of the 1996 Act (restrictions on the...

National radio multiplex licences

105(1) Section 46 of the 1996 Act (national radio multiplex...

Award of national radio multiplex licences

106In section 47 of the 1996 Act (award of national...

Reservation of capacity for independent national broadcasters

107(1) Section 48 of the 1996 Act (reservation of digital...

Reservation of digital capacity for BBC

108(1) Section 49 of the 1996 Act (reservation of digital...

Local radio multiplex licences

109(1) Section 50 of the 1996 Act (local radio multiplex...

Award of local multiplex licences

110(1) Section 51 of the 1996 Act (award of local...

Power to require two or more local radio multiplex licences to be granted to one person

111In section 52 of the 1996 Act (power to require...

Failure to begin to provide licensed service

112In section 53 of the 1996 Act (failure to provide...

Conditions which may be attached to radio multiplex licences

113In section 54 of the 1996 Act (conditions which may...

Additional payments to be made in respect of national radio multiplex licences

114In section 55 of the 1996 Act (additional payments to...

Multiplex revenue

115(1) Section 56 of the 1996 Act (multiplex revenue) shall...

Attribution of radio multiplex revenue

116(1) Section 57 of the 1996 Act (attribution of radio...

Duration and renewal of radio multiplex licences

117(1) Section 58 of the 1996 Act (duration and renewal...

Enforcement of radio multiplex licences

118In section 59 of the 1996 Act (enforcement of radio...

Digital sound programme licensing

119(1) Section 60 of the 1996 Act (digital sound programme...

Conditions of digital sound programme licences

120(1) Section 61 of the 1996 Act (conditions of licences...

Enforcement of digital sound programme licences

121(1) Section 62 of the 1996 Act (enforcement of digital...

Digital additional sound services

122In section 64 of the 1996 Act (licensing of digital...

Conditions of digital additional sound service

123(1) Section 65 of the 1996 Act (conditions of licences...

Enforcement of digital additional sound services licences

124(1) Section 66 of the 1996 Act (enforcement of digital...

Review of digital radio broadcasting

125In section 67 of the 1996 Act (review of digital...

Interpretation

126In section 72(1) of the 1996 Act (interpretation), for the...

Listed events

127(1) Section 98 of the 1996 Act (categories of service...

128In sections 101, 101B, 102 and 103 of the 1996...

129(1) Section 104 of the 1996 Act (code of guidance)...

130In section 104A of the 1996 Act (provision of information...

131In section 105(1) of the 1996 Act (interpretation of Part...

Broadcasting standards

132(1) Part 5 of the 1996 Act (the Broadcasting Standards...

133In section 107(5)(b) of the 1996 Act (code relating to...

134In section 115 of the 1996 Act (consideration of fairness...

135In section 117 of the 1996 Act (duty of broadcasting...

136(1) For subsections (1) and (2) of section 119 of...

137In section 130(1) of the 1996 Act (interpretation of Part...

Disqualification on grounds related to political objects

138(1) Section 143 of the 1996 Act (disqualification on grounds...

Offence of providing false information

139(1) Section 144 of the 1996 Act (offence of providing...

Disqualification for supplying false information

140(1) Section 145 of the 1996 Act (disqualification for offence...

Interpretation

141In section 147(1) of the 1996 Act (general interpretation), after...

Computation of qualifying revenue

142(1) Schedule 1 to the 1996 Act (computation of “multiplex...

SCHEDULE 16Further amendments in connection with media mergers

Competition Act 1980 (c. 21)

1In section 11C(1) of the Competition Act 1980 (application of...

Gas Act 1986 (c. 44)

2In section 41EB(4) of the Gas Act 1986 (application of...

Electricity Act 1989 (c. 29)

3In section 56CB(4) of the Electricity Act 1989 (application of...

Railways Act 1993 (c. 43)

4(1) The Railways Act 1993 shall be amended as follows....

Financial Services and Markets Act 2000 (c. 8)

5In Schedule 14 to the Financial Services and Markets Act...

Postal Services Act 2000 (c. 26)

6(1) The Postal Services Act 2000 shall be amended as...

Transport Act 2000 (c. 38)

7(1) The Transport Act 2000 shall be amended as follows....

Enterprise Act 2002 (c. 40)

8(1) Section 43 of the Enterprise Act 2002 (intervention notices...

9In section 45(1)(b) of that Act (circumstances in which the...

10After section 50(2) of that Act (reports on references in...

11In section 57(2) of that Act (duty to bring representations...

12In section 58(4)(b) of that Act (retrospective effect of orders...

13In section 60(4)(a) of that Act (final determination of matters...

14In section 62(1)(b) of that Act (circumstances in which the...

15After section 65(2) of that Act (reports on references in...

16In section 67(1)(b) of that Act (intervention to protect legitimate...

17In section 68(2)(c) of that Act (scheme for protecting legitimate...

18(1) Section 107 of that Act (further publicity requirements) shall...

19In section 108 of that Act (defamation) after the words...

20(1) Section 117 of that Act (false or misleading information)...

21In section 118(1) of that Act (excisions from reports) before...

22In section 120(1) of that Act (review of decisions under...

23(1) Section 121 of that Act (fees) shall be amended...

24(1) Section 124 of that Act (orders and regulations under...

25(1) Section 130 of that Act (index of defined expressions)...

26In section 180(2) of that Act (application of section 117...

SCHEDULE 17Minor and Consequential Amendments

Interpretation

1(1) In any Act or instrument amended by this Schedule—...

Official Secrets Act 1911

2For the purposes of the Official Secrets Act 1911 (c....

Law of Property Act 1925

3In section 194(4) of the Law of Property Act 1925...

Public Health Act 1925

4In section 10 of the Public Health Act 1925 (c....

London Overground Wires, etc Act 1933

5(1) The London Overground Wires, etc. Act 1933 (c. xliv)...

Wireless Telegraphy Act 1949

6(1) Section 1 of the Wireless Telegraphy Act 1949 (c....

7In section 1C of that Act (prohibition on Acts facilitating...

8(1) Section 1D of that Act (procedure for grant of...

9(1) Section 3 of that Act (regulations as to wireless...

10No appeal shall be brought to the tribunal established under...

11(1) Section 10 of that Act (regulations as to radiation...

12(1) Section 11 of that Act (enforcement of regulations as...

13(1) Section 12 of that Act (enforcement of regulations as...

14(1) Section 14 of that Act (penalties and legal proceedings)...

15(1) Section 15 of that Act (powers of entry) shall...

16(1) Section 16 of that Act (regulations and orders) shall...

17In section 19 of that Act (interpretation), after subsection (2)...

18In Schedule 1 to that Act (procedures in relation to...

Coast Protection Act 1949

19In section 47 of the Coast Protection Act 1949 (c....

National Parks and Access to the Countryside Act 1949

20(1) The National Parks and Access to the Countryside Act...

London County Council (General Powers) Act 1949

21In section 7(6) of the London County Council (General Powers)...

Local Government (Miscellaneous Provisions) Act 1953

22(1) Section 6 of the Local Government (Miscellaneous Provisions) Act...

Army Act 1955

23In section 44B(1)(b) of the Army Act 1955 (3 &...

Air Force Act 1955

24In section 44B(1)(b) of the Air Force Act 1955 (3...

Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955

25In section 17(2) of the Lough Neagh and Lower Bann...

Naval Discipline Act 1957

26In section 29B(1)(b) of the Naval Discipline Act 1957 (c....

Opencast Coal Act 1958

27(1) In section 45 of the Opencast Coal Act 1958...

Pipe-lines Act 1962

28In section 40 of the Pipe-lines Act 1962 (c. 58)...

London County Council (General Powers) Act 1963

29In section 17(4)(a) of the London County Council (General Powers)...

Harbours Act 1964

30In section 53 of the Harbours Act 1964 (c. 40)...

New Towns Act (Northern Ireland) 1965

31(1) Section 25 of the New Towns Act (Northern Ireland)...

Marine, &c., Broadcasting (Offences) Act 1967

32In each of sections 4 and 5 of the Marine,...

33(1) Section 5 of that Act shall be further amended...

34In section 6(5) of that Act (restrictions on prosecutions), after...

35(1) Section 7A of that Act (powers of enforcement in...

36In section 9(1) of that Act (interpretation), after the definition...

Wireless Telegraphy Act 1967

37(1) Section 7 of the Wireless Telegraphy Act 1967 (c....

38(1) Section 8 of that Act (provisions for securing enforcement...

39In section 13(1) of that Act (regulations and order to...

Countryside Act 1968

40(1) The Countryside Act 1968 (c. 41) shall be amended...

Greater London Council (General Powers) Act 1969

41In section 7(6) of the Greater London Council (General Powers)...

Harbours Act (Northern Ireland) 1970

42In section 37 of the Harbours Act (Northern Ireland) 1970...

Thames Barrier and Flood Prevention Act 1972

43In section 20(1)(a) of the Thames Barrier and Flood Prevention...

Fair Trading Act 1973

44In section 137(3) of the Fair Trading Act 1973 (c....

Drainage (Northern Ireland) Order 1973

45In paragraph 3 of Schedule 9 to the Drainage (Northern...

Water and Sewerage Services (Northern Ireland) Order 1973

46(1) In Article 57A(3)(b) of the Water and Sewerage Services...

Consumer Credit Act 1974

47In section 16(6) of the Consumer Credit Act 1974 (c....

House of Commons Disqualification Act 1975

48In Part 2 of Schedule 1 to the House of...

Northern Ireland Assembly Disqualification Act 1975

49In Part 2 of Schedule 1 to the Northern Ireland...

Welsh Development Agency Act 1975

50(1) Section 19 of the Welsh Development Agency Act 1975...

Building Regulations (Northern Ireland) Order 1979

51In paragraph 14 of Schedule 1 to the Building Regulations...

Local Government, Planning and Land Act 1980

52(1) Part 3 of Schedule 28 to the Local Government,...

Highways Act 1980

53In section 35(11)(c) and (12) of the Highways Act 1980...

54In section 115D of that Act (limits on powers to...

55In section 142(5) of that Act (protection of telecommunications apparatus...

56(1) This paragraph applies to the following provisions of that...

New Towns Act 1981

57(1) This paragraph applies to the following provisions of the...

Acquisition of Land Act 1981

58(1) The Acquisition of Land Act 1981 (c. 67) shall...

Housing (Northern Ireland) Order 1981

59In Article 159A of the Housing (Northern Ireland) Order 1981...

Civil Aviation Act 1982

60In section 48(7)(b) of the Civil Aviation Act 1982 (c....

Representation of the People Act 1983

61In section 92(1)(c) of the Representation of the People Act...

62(1) Section 93 of that Act (broadcasting of local items...

Telecommunications Act 1984

63(1) Sections 44 to 46 of the Telecommunications Act 1984...

64In sections 79, 83, 85 and 86 of that Act...

65In section 79(6)(b) of that Act (seizure of apparatus etc.),...

66(1) Section 83 of that Act (disposal of seized apparatus...

67(1) Section 84 of that Act (approval of wireless telegraphy...

68Section 90 of that Act (funding of wireless interference service...

69(1) Section 91 of that Act (construction of references to...

70(1) Section 94 of that Act (directions in the interests...

71(1) Section 98 of that Act (use of conduits for...

72(1) Section 101 of that Act (general restrictions on disclosure...

73In section 104 of that Act (orders and schemes), after...

74In section 106(1) of that Act (general interpretation), after the...

75In paragraph 18(2) of Schedule 2 to that Act (notices...

Cinemas Act 1985

76In section 21(1) of the Cinemas Act 1985 (c. 13)...

Surrogacy Arrangements Act 1985

77In section 3 of the Surrogacy Arrangements Act 1985 (c....

Bankruptcy (Scotland) Act 1985

78(1) Section 70 of the Bankruptcy (Scotland) Act 1985 (c....

Housing Act 1985

79(1) The Housing Act 1985 (c. 68) shall be amended...

Airports Act 1986

80In section 62 of the Airports Act 1986 (c. 31)...

Gas Act 1986

81In section 4AA(4)(b) of the Gas Act 1986 (c. 44)...

Insolvency Act 1986

82(1) The Insolvency Act 1986 (c. 45) shall be amended...

Company Directors Disqualification Act 1986

83In section 9E(2) of the Company Directors Disqualification Act 1986...

Channel Tunnel Act 1987

84For section 32 of the Channel Tunnel Act 1987 (c....

85In paragraph 3(2)(b) of Schedule 2 to that Act (supplementary...

86(1) Part 10 of Schedule 7 to that Act (protection...

Consumer Protection (Northern Ireland) Order 1987

87(1) Article 29 of the Consumer Protection (Northern Ireland) Order...

Income and Corporation Taxes Act 1988

88In section 567(2)(b) of the Income and Corporation Taxes Act...

Norfolk and Suffolk Broads Act 1988

89In section 25(1) of the Norfolk and Suffolk Broads Act...

Malicious Communications Act 1988

90In section 1(2A)(a) of the Malicious Communications Act 1988 (c....

91(1) Section 69 of the Copyright, Designs and Patents Act...

92(1) Section 73 of that Act (no breach of copyright...

93(1) Paragraph 17 of Schedule 2 to that Act (no...

Housing Act 1988

94(1) Part 2 of Schedule 10 to the Housing Act...

Road Traffic Act 1988

95In section 21(3)(b) of the Road Traffic Act 1988 (c....

Water Act 1989

96(1) Section 174 of the Water Act 1989 (c. 15)...

Road Traffic (Driver Licensing and Information Systems) Act 1989

97(1) The Road Traffic (Driver Licensing and Information Systems) Act...

Electricity Act 1989

98In section 3A(4)(b) of the Electricity Act 1989 (c. 29)...

99(1) Schedule 4 to that Act (other powers etc. of...

Local Government and Housing Act 1989

100In section 88(1)(e)(i) of the Local Government and Housing Act...

Insolvency (Northern Ireland) Order 1989

101(1) The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I....

Town and Country Planning Act 1990

102In section 148(1) of the Town and Country Planning Act...

103(1) This paragraph applies to the following provisions of that...

104In section 280 of that Act (measures of compensation)—

105In paragraph 1(a) of Schedule 13 to that Act (blighted...

Planning (Listed Buildings and Conservation Areas) Act 1990

106(1) The Planning (Listed Buildings and Conservation Areas) Act 1990...

London Local Authorities (No. 2) Act 1990

107(1) Section 5 of the London Local Authorities (No. 2)...

New Roads and Street Works Act 1991

108(1) In the New Roads and Street Works Act 1991...

Coal Mining Subsidence Act 1991

109In section 52(1) of the Coal Mining Subsidence Act 1991...

Water Industry Act 1991

110In section 219 of the Water Industry Act 1991 (c....

111(1) Schedule 13 to that Act (protective provisions in respect...

112(1) Schedule 15 to that Act (disclosure of information) shall...

Water Resources Act 1991

113In section 221 of the Water Resources Act 1991 (c....

114(1) Schedule 22 to that Act (general provisions protecting undertakings)...

115(1) Schedule 24 to that Act (disclosure of information) shall...

Land Drainage Act 1991

116In paragraph 1(1) of Schedule 6 to the Land Drainage...

Planning (Northern Ireland) Order 1991

117In Articles 103 (making of orders) and 104 (telecommunication apparatus)...

Charities Act 1992

118In section 60(6)(c) of the Charities Act 1992 (c. 41)...

Carriage of Goods by Sea Act 1992

119In section 1(5) of the Carriage of Goods by Sea...

Electricity (Northern Ireland) Order 1992

120The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))...

121In Article 61 (restrictions on disclosure of information)—

122(1) Schedule 4 (other powers etc. of licence holders) shall...

Leasehold Reform, Housing and Urban Development Act 1993

123(1) Part 2 of Schedule 20 to the Leasehold Reform,...

Cardiff Bay Barrage Act 1993

124In Schedule 2 to the Cardiff Bay Barrage Act 1993...

125In paragraph 3(2)(c) of Schedule 4 to that Act (exception...

126In paragraph 21 of Schedule 7 to that Act (powers...

Railways Act 1993

127(1) Section 145 of the Railways Act 1993 (c. 43)...

Roads (Northern Ireland) Order 1993

128(1) This paragraph applies to the following provisions of the...

Value Added Tax Act 1994

129(1) The Value Added Tax Act 1994 (c. 23) shall...

Criminal Justice and Public Order Act 1994

130(1) Section 163 of the Criminal Justice and Public Order...

Airports (Northern Ireland) Order 1994

131In Article 12 of the Airports (Northern Ireland) Order 1994...

Merchant Shipping Act 1995

132In section 91(7) of the Merchant Shipping Act 1995 (c....

Criminal Procedure (Scotland) Act 1995

133(1) The Criminal Procedure (Scotland) Act 1995 (c. 46) shall...

British Waterways Act 1995

134In section 3(1) of the British Waterways Act 1995 (c....

Street Works (Northern Ireland) Order 1995

135(1) Paragraph 7 of Schedule 2 to the Street Works...

Housing Act 1996

136In section 16(7)(a) of the Housing Act 1996 (c. 52)...

Housing Grants, Construction and Regeneration Act 1996

137In section 105(1)(b) of the Housing Grants, Construction and Regeneration...

Channel Tunnel Rail Link Act 1996

138In Schedule 6 to the Channel Tunnel Rail Link Act...

139(1) Part 4 of Schedule 15 to that Act (protection...

Gas (Northern Ireland) Order 1996

140The Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))...

141In Article 44 (restrictions on disclosure of information)—

142(1) Schedule 3 (other powers etc. of licence holders) shall...

Construction Contracts (Northern Ireland) Order 1997

143In Article 4(1)(b) of the Construction Contracts (Northern Ireland) Order...

Waste and Contaminated Land (Northern Ireland) Order 1997

144In Article 2(2) of the Waste and Contaminated Land (Northern...

Wireless Telegraphy Act 1998

145Subject to any other amendment made by any other provision...

146In section 1 of that Act (charges for wireless telegraphy...

147For section 2 of that Act there shall be substituted—...

148(1) Section 4 of that Act (restriction on revocation or...

149(1) After section 4 of that Act there shall be...

150For section 6 of that Act there shall be substituted—...

151(1) Section 8 of that Act (interpretation) shall be amended...

Finance Act 1998

152In section 118(1) of the Finance Act 1998 (c. 36)...

Competition Act 1998

153(1) Schedule 7 to the Competition Act 1998 (c. 41)...

154In paragraph 1 of Schedule 7A to that Act (procedural...

Regional Development Agencies Act 1998

155(1) Schedule 6 to the Regional Development Agencies Act 1998...

Finance Act 1999

156In section 132(10) of the Finance Act 1999 (c. 16)...

Greater London Authority Act 1999

157(1) Section 235 of the Greater London Authority Act 1999...

Electronic Communications Act 2000

158In section 15(1) of the Electronic Communications Act 2000 (c....

Television Licences (Disclosure of Information) Act 2000

159In section 5 of the Television Licences (Disclosure of Information)...

Finance Act 2000M

160In paragraph 8 of Schedule 38 to the Finance Act...

Regulation of Investigatory Powers Act 2000

161(1) The Regulation of Investigatory Powers Act 2000 (c. 23)...

Postal Services Act 2000

162(1) The Postal Services Act 2000 (c. 26) shall be...

Utilities Act 2000

163(1) Section 105 of the Utilities Act 2000 (c. 27)...

Freedom of Information Act 2000

164In Part 6 of Schedule 1 to the Freedom of...

Countryside and Rights of Way Act 2000

165(1) The Countryside and Rights of Way Act 2000 (c....

Transport Act 2000

166(1) Paragraph 3 of Schedule 9 to the Transport Act...

Political Parties, Elections and Referendums Act 2000

167(1) The Political Parties, Elections and Referendums Act 2000 (c....

Vehicles (Crime) Act 2001

168In sections 16(2)(a), 31(2)(a) and 40(6) of the Vehicles (Crime)...

Criminal Justice and Police Act 2001

169In the table in section 1(1) of the Criminal Justice...

Electronic Communications Act (Northern Ireland) 2001

170In section 4(1) of the Electronic Communications Act (Northern Ireland)...

Office of Communications Act 2002

171Sections 2, 4, 5 and 6 of the Office of...

172(1) The Schedule to that Act shall be amended as...

Tobacco Advertising and Promotion Act 2002

173(1) Section 12 of the Tobacco Advertising and Promotion Act...

Enterprise Act 2002

174(1) The Enterprise Act 2002 (c. 40) shall be amended...

Income Tax (Earnings and Pensions) Act 2003

175(1) The Income Tax (Earnings and Pensions) Act 2003 (c....

SCHEDULE 18Transitional Provisions

General

1(1) This paragraph applies where, at any time before the...

Steps taken in anticipation of passing or coming into force of Act

2(1) This paragraph applies where the Secretary of State or...

Savings for agreements referring to the termination of a 1984 Act licence

3(1) This paragraph applies where a term or condition of...

Saving for agreements with special provision for 1984 Act licence holders

4(1) This paragraph applies in a case to which paragraph...

General saving for agreements conditional on certain Broadcasting Act licences

5(1) This paragraph has effect where an agreement in force...

Orders under Part 2 of the Deregulation and Contracting Out Act 1994

6(1) This paragraph applies where, immediately before functions under the...

Pre-commencement proposals relating to universal service matters

7(1) Where a proposal for the designation of a person...

Local loop notifications

8(1) This paragraph applies where, as a result of a...

Conditions relating to premium rate services and conditions corresponding to SMP or access-related conditions

9(1) This paragraph applies where OFCOM give a continuation notice...

Pre-commencement proposals relating to market power determinations

10(1) Sub-paragraph (2) has effect where a proposal for—

Savings for licence conditions relating to accounting

11(1) This paragraph applies where a licence granted under section...

Charges under Telecommunications Act licences

12(1) Where any amount is required by a licence under...

Enforcement of breaches of licence conditions

13(1) This paragraph applies to— (a) any provision to which...

Saving for agreements having effect by reference to licensing regime

14(1) This paragraph has effect where an agreement entered into...

Fees for approvals for the purposes of licence conditions

15(1) This paragraph has effect where a general condition set...

Allocated telephone numbers

16(1) Where immediately before the abolition of licensing telephone numbers...

Electronic communications code

17(1) Sub-paragraph (2) applies where, immediately before the coming into...

Saving for guarantees of liabilities of telecommunications code operators

18(1) This paragraph applies where, immediately before the abolition of...

Compulsory purchase

19Where— (a) a compulsory purchase order made under section 34...

Notices under section 1D of the Wireless Telegraphy Act 1949

20(1) This paragraph applies to procedures set out in a...

Notices under regulations under section 3 of the Wireless Telegraphy Act 1998

21(1) This paragraph applies to procedures set out in a...

Disputes about interconnection

22(1) Where— (a) before the revocation by this Act of...

Appeals against wireless telegraphy and telecommunications decisions

23(1) This paragraph applies where— (a) a decision was made...

Section 94 of the Telecommunications Act 1984

24(1) Subject to sub-paragraph (2), provisions of Schedule 17 to...

Competition Commission: specialist panel members

25The persons who— (a) have been appointed as members of...

Transitory amendments to telecommunications terms in Broadcasting Act 1990

26(1) This paragraph has effect, in the case of each...

Activities of the Welsh Authority

27(1) No approval shall be required under section 205 for...

Gaelic Broadcasting

28The persons who are members of Comataidh Craolaidh Gaidhlig immediately...

29(1) The continuance in force of the Multiplex Licence (Broadcasting...

Pre-transfer Broadcasting Act licences

30(1) Subject to any express provision made by this Act...

Channels 3 and 5

31A determination made by the ITC under or for the...

Saving pending replacement of licences for Channels 3 and 5 and the public teletext service

32(1) The regulatory regime for a Channel 3 service, and...

Digital additional licences

33(1) This paragraph applies where immediately before the coming into...

Programme quotas

34Any order which— (a) was made under section 16(5)(a) of...

Continuity in relation to appointed news provider

35Where a body holds an appointment for the purposes of...

Networking arrangements

36(1) Where arrangements approved for the purposes of section 39...

Determination of qualifying revenue

37(1) A statement of the ITC that is for the...

Rules for political broadcasts

38Where— (a) rules made by the ITC for the purposes...

Functions under section 88 of the 1990 Act

39A requirement imposed or notice given before the radio transfer...

Notices under section 94 of the 1990 Act

40A notice given by the Secretary of State or any...

Programme standards: television

41(1) This paragraph applies as respects times on or after...

Programme standards: radio

42(1) This paragraph applies as respects times on or after...

Standards code

43(1) In relation to any time after the commencement of...

Local and national radio licences

44(1) Section 103 of the 1990 Act (restriction on changes...

Section 111B of the 1990 Act

45(1) Section 111B of the 1990 Act (power to suspend...

Section 185 of the 1990 Act

46(1) A determination or nomination made for the purposes of...

Section 28 of the 1996 Act

47(1) The repeal by this Act of section 28 of...

Section 48 of the 1996 Act

48Subsections (4) to (6) of section 48 of the 1996...

Applications for extension of pre-transfer licences

49(1) Section 253(4)(a) does not prevent the determination by OFCOM...

Applications for renewal of licences under 1990 Act and 1996 Act

50(1) A provision set out in sub-paragraph (2) does not...

Listed events rules

51(1) Subject to sub-paragraph (2), Part 4 of the 1996...

Complaints to the Broadcasting Standards Commission

52(1) On and after the transfer to OFCOM under this...

Codes of practice drawn up by the Broadcasting Standards Commission

53The code of practice drawn up by the Broadcasting Standards...

Media ownership provisions

54(1) Part 4 of Schedule 14 to this Act is...

TV licences

55A television licence granted under the Wireless Telegraphy Act 1949...

Functions under the Enterprise Act 2002

56(1) This section has effect in so far as, at...

Functions under the Competition Act 1998

57(1) This paragraph applies in so far as, at any...

58(1) Where any regulations made under section 54(4) of the...

Newspaper mergers

59(1) Chapter 2 of Part 5 and any related repeals...

60Chapter 2 of Part 5 and any related repeals shall...

61References in paragraphs 59 and 60 to Chapter 2 of...

62(1) The Secretary of State may, instead of any or...

Orders in Council under section 6 of the Continental Shelf Act 1964

63If an Order in Council made, or having effect as...

Interpretation of Schedule

64In this Schedule— “the 1984 Act” means the Telecommunications Act...

SCHEDULE 19Repeals

Note

1These repeals, so far as they relate to appeals to...

2The repeal of section 63 of the Telecommunications Act 1984...

3The repeals of sections 80 and 81 of the Telecommunications...

4The repeal of paragraph 20 of Schedule 5 to the...

5The repeals of sections 27A to 27L and in section...

6The repeals of sections 26 and 27 of the 1990...

Communications Act 2003

2003 c. 21

[17th July 2003]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—