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Communications Act 2003
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- 2003 c. 21
- Part 2
- Chapter 1
- SMP apparatus conditions: subject-matter
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Communications Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to :
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- specified provision(s) amendment to earlier commencing SI 2003/3142 by S.I. 2004/545 art. 2
- specified provision(s) amendment to earlier commencing SI 2003/3142 by S.I. 2004/697 art. 2
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act amendment to earlier affecting provision SI 2003/3195 by S.I. 2004/715 art. 3 Sch.
- Act amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 by S.I. 2004/1116 art. 2
- Act amendment to earlier affecting provision SI 2003/3197 by S.I. 2004/308 art. 6(3) Sch. 2
- Act amendment to earlier affecting provision SI 2003/3197 by S.I. 2004/716 art. 3
- Act amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 by S.I. 2004/1114 art. 2
- Act amendment to earlier affecting provision SI 2003/3198 by S.I. 2004/309 art. 2(2) Sch. Pt. 2
- Act amendment to earlier affecting provision SI 2003/3198 by S.I. 2004/718 art. 2
- Act amendment to earlier affecting provision SI 2003/3198 art. 6 Sch. 2 by S.I. 2007/278 art. 3 Sch. 2 Pt. 1
- Act amendment to earlier affecting provision SI 2003/3198 art. 6(1) by S.I. 2004/1115 art. 2
- Act amendment to earlier affecting provision. SI 2003/3195 Sch. 2 by S.I. 2012/2688 arts. 2 3
- Act applied (with modifications) by S.I. 2004/1944 art. 4 Sch.
- Act applied (with modifications) by S.I. 2012/2690 art. 4 Sch.
- Act modified by S.I. 2007/1118 art. 7
- Act specified provisions extended (Guernsey) (with modifications) by S.I. 2003/3195 art. 6 Sch. 2 (This SI is amended by SI 2004/307, 2004/715, 2004/1116, 2005/856)
- Act specified provisions extended (Guernsey) (with modifications) by S.I. 2004/307 art. 4 Sch.
- Act specified provisions extended (Isle of Man) (with modifications) by S.I. 2003/3198 art. 6 Sch. 2 (This SI is amended by SI 2004/309, 2004/718, 2004/1115, 2007/278)
- Act specified provisions extended (Jersey) (with modifications) by S.I. 2003/3197 art. 6 Sch. 2 (This SI is amended by SI 2004/308, 2004/716, 2004/1114, 2005/855)
- Act specified provisions extended (Jersey) (with modifications) by S.I. 2004/308 art. 4 Sch. 1
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 4A inserted by S.I. 2009/2979 reg. 2
- s. 4A inserted by S.I. 2011/1210 Sch. 1 para. 6
- s. 35A inserted by S.I. 2011/1210 Sch. 1 para. 11
- s. 48A-48C inserted by S.I. 2011/1210 Sch. 1 para. 23
- s. 49A-49C inserted by S.I. 2011/1210 Sch. 1 para. 25
- s. 56A inserted by S.I. 2011/1210 Sch. 1 para. 31
- s. 76A inserted by S.I. 2011/1210 Sch. 1 para. 41
- s. 80A 80B inserted by S.I. 2011/1210 Sch. 1 para. 43
- s. 84A inserted by S.I. 2011/1210 Sch. 1 para. 47
- s. 89A 89B 89C inserted by S.I. 2011/1210 Sch. 1 para. 50
- s. 96A-96C inserted by S.I. 2011/1210 Sch. 1 para. 55
- s. 100A inserted by S.I. 2011/1210 Sch. 1 para. 60
- s. 105A-105D inserted by S.I. 2011/1210 Sch. 1 para. 65
- s. 110A inserted by S.I. 2011/1210 Sch. 1 para. 69
- s. 111A 111B inserted by S.I. 2011/1210 Sch. 1 para. 71
- s. 120A inserted by S.I. 2011/1210 Sch. 1 para. 77
- s. 124A and cross-heading inserted by 2010 c. 24 s. 3
- s. 124B inserted by 2010 c. 24 s. 4
- s. 124C inserted by 2010 c. 24 s. 5
- s. 124D inserted by 2010 c. 24 s. 6
- s. 124E inserted by 2010 c. 24 s. 7
- s. 124F inserted by 2010 c. 24 s. 8
- s. 124G inserted by 2010 c. 24 s. 9
- s. 124H inserted by 2010 c. 24 s. 10
- s. 124I inserted by 2010 c. 24 s. 11
- s. 124J inserted by 2010 c. 24 s. 12
- s. 124K inserted by 2010 c. 24 s. 13
- s. 124L inserted by 2010 c. 24 s. 14
- s. 124M inserted by 2010 c. 24 s. 15
- s. 124N inserted by 2010 c. 24 s. 16(1)
- s. 124O and cross-heading inserted by 2010 c. 24 s. 19
- s. 124P 124Q inserted by 2010 c. 24 s. 20(1)
- s. 124R inserted by 2010 c. 24 s. 21
- s. 134A-134C and cross-heading inserted by 2010 c. 24 s. 1(1)
- s. 139A-139C inserted by S.I. 2011/1210 Sch. 1 para. 83
- s. 146A inserted by S.I. 2011/1210 Sch. 1 para. 88
- s. 150A inserted by S.I. 2011/1210 Sch. 1 para. 89
- s. 185A inserted by S.I. 2011/1210 Sch. 1 para. 92
- s. 198A inserted by 2010 c. 24 s. 22(1)
- s. 198B-198D inserted by 2010 c. 24 s. 23(1)
- s. 216A inserted by 2010 c. 24 s. 24(7)
- s. 218A inserted by 2010 c. 24 s. 27
- s. 264A inserted by 2010 c. 24 s. 2
- s. 271A inserted by 2010 c. 24 s. 23(2)
- s. 335A inserted by S.I. 2009/2979 reg. 7
- s. 335A(1)(a) text amended by S.I. 2010/1883 reg. 4
- s. 368B(1) text amended by S.I. 2010/419 reg. 3(1)
- s. 368B(6) text amended by S.I. 2010/419 reg. 3(2)
- s. 368D(3)(za)(zb) inserted by S.I. 2010/419 reg. 5(1)
- s. 368D(3A) inserted by S.I. 2010/419 reg. 5(2)
- s. 368G(2) text amended by S.I. 2010/419 reg. 6
- s. 368H(16) text amended by S.I. 2010/831 reg. 7
- s. 368J(1) text amended by S.I. 2010/419 reg. 7
- s. 368K(1)(a) text amended by S.I. 2010/419 reg. 8(2)
- s. 368K(1)(b) text amended by S.I. 2010/419 reg. 8(3)
- s. 368O(2)(a) text amended by S.I. 2010/419 reg. 10
- s. 368P(A1) inserted by S.I. 2010/419 reg. 11(a)
- s. 368P(1) substituted by S.I. 2010/419 reg. 11(b)
- s. 368P(2)(b)(c) omitted by S.I. 2010/419 reg. 11(c)
- s. 368Q(A1) inserted by S.I. 2010/419 reg. 12(1)
- s. 368Q(4) text amended by S.I. 2010/419 reg. 12(2)
- s. 368Q(5) text amended by S.I. 2010/419 reg. 12(3)
- s. 368R(1) text amended by S.I. 2010/831 reg. 8
- s. 368R(1) words substituted by S.I. 2012/1916 Sch. 34 para. 44
- s. 368BA 368BB inserted by S.I. 2010/419 reg. 4
- s. 368NA inserted by S.I. 2010/419 reg. 9
- Sch .17 para. 18 Coming into force by S.I. 2003/3142 art. 3(2) (Provisions in art. 3(2)listed in SI 2003/1900 Sch. 2)
- Sch .17 para. 149 Coming into force by S.I. 2003/3142 art. 3(2) (Provisions in art. 3(2)listed in SI 2003/1900 Sch. 2)
- Sch. 11A inserted by S.I. 2010/831 reg. 9
Commencement Orders yet to be applied to the Communications Act 2003:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/1900 art. 2 commences (2003 c. 21)
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/3309 art. 2 3 commences (2003 c. 21)
- S.I. 2009/2130 art. 2 commences (2003 c. 21)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/3142 art. 3(1) Sch. 1 commences (2003 c. 21)
- S.I. 2004/2575 art. 2 Sch. 1 2 commences (2004 c. 20)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2007/2584 art. 2 commences (2006 c. 26)
- S.I. 2007/3546 art. 3 Sch. commences (2007 c. 17)
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/803 art. 1(2) 10 commences (2008 c. 17)
- S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2010/862 art. 3 commences (2008 c. 17)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2011/2329 art. 3 commences (2011 c. 5)
- S.I. 2012/1662 art. 2(2)(b) commences (2011 c. 24)
Prospective
SMP apparatus conditions: subject-matterE+W+S+N.I.
93Conditions about apparatus supplyE+W+S+N.I.
(1)Where OFCOM have made a determination that a person (“the dominant supplier”) has significant market power in an identified apparatus market, they may—
(a)set such SMP conditions authorised by this section as they consider it appropriate to apply to that person in respect of the supply of electronic communications apparatus; and
(b)apply those conditions to that person.
(2)This section authorises the setting of SMP conditions of each of the following descriptions—
(a)conditions requiring the dominant supplier to maintain such a separation for accounting purposes between matters relating to the supply of electronic communications apparatus and other matters as may be described in the conditions;
(b)conditions imposing requirements about the accounting methods to be used in maintaining the separation; and
(c)conditions imposing such rules as OFCOM may make, for the purpose of securing the maintenance of the separation, about the use of cost accounting systems.
(3)This section also authorises the setting of SMP conditions imposing price controls in relation to the hiring of telephones which are hardwired to an electronic communications network.
(4)Conditions set under this section must not make provision in relation to the supply of electronic communications apparatus unless the apparatus is of a description of apparatus as respects the supply of which the dominant supplier has been found to have significant market power.
(5)For the purposes of this section a telephone is hardwired to an electronic communications network where, in order for it to be used with that network—
(a)it has to be physically attached to apparatus comprised in the network; and
(b)the attachment has to be effected by a process that requires the use of a tool.
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