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Communications Act 2003

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Commencement Orders yet to be applied to the Communications Act 2003

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Prospective

Copyright, Designs and Patents Act 1988E+W+S+N.I.

91(1)Section 69 of the Copyright, Designs and Patents Act 1988 (c. 48) (no infringement of copyright by use of recordings for certain supervisory purposes) shall be amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)for paragraph (a) there shall be substituted—

(a)section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;;

(b)in paragraph (b), for the words from “by virtue of” to “1990” there shall be substituted “ by virtue of section 334(1) of the Communications Act 2003 ”;

(c)in paragraph (c), for “Radio Authority” there shall be substituted OFCOM;

(d)after paragraph (c) there shall be inserted—

(d)section 334(3) of the Communications Act 2003.

(3)For subsection (3) there shall be substituted—

(3)Copyright is not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—

(a)any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or

(b)any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.

(4)In subsection (3), “existing material” means—

(a)any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and

(b)any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.

92(1)Section 73 of that Act (no breach of copyright by certain retransmissions of broadcasts in cable programme service) shall be amended as follows.E+W+S+N.I.

(2)In subsection (6)—

(a)for paragraphs (c) and (d) there shall be substituted—

(c)the public teletext service,

(d)S4C Digital, and;

(b)for the words after paragraph (e) there shall be substituted— “ and expressions used in this subsection have the same meanings as in Part 3 of the Communications Act 2003. ”

(3)For subsection (7) there shall be substituted—

(7)In this section “relevant requirement” means a requirement imposed by a general condition (within the meaning of Chapter 1 of Part 2 of the Communications Act 2003) the setting of which is authorised under section 64 of that Act (must-carry obligations).

93(1)Paragraph 17 of Schedule 2 to that Act (no infringement of performance rights by use of recordings for certain supervisory purposes) shall be amended as follows.E+W+S+N.I.

(2)In sub-paragraph (2)—

(a)for paragraph (a) there shall be substituted—

(a)section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;;

(b)in paragraph (b), for the words from “by virtue of” to “1990” there shall be substituted “ by virtue of section 334(1) of the Communications Act 2003 ”;

(c)in paragraph (c), for “Radio Authority” there shall be substituted “ OFCOM ”;

(d)after paragraph (c) there shall be inserted—

(d)section 334(3) of the Communications Act 2003.

(3)For sub-paragraph (3) there shall be substituted—

(3)The rights conferred by Part 2 are not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—

(a)any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or

(b)any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.

(4)In subsection (3), “existing material” means—

(a)any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and

(b)any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.

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