http://www.legislation.gov.uk/id/ukpga/2003/21/schedule/17

http://www.legislation.gov.uk/ukpga/2003/21/schedule/17/crossheading/marine-c-broadcasting-offences-act-1967/2003-07-25

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

2024-05-17

Expert Participation

2003-07-25

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. 368E(5)(d)

(e)

Digital Economy Act 2017

s. 94(3)

s. 118(6)

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(2A)(za)

(zb)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 2

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. 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. 103(1)(ca)

Product Security and Telecommunications Infrastructure Act 2022

s. 70

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

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

SCHEDULES

SCHEDULE 17Minor and Consequential Amendments

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

32

In each of sections 4 and 5 of the Marine, &c., Broadcasting (Offences) Act 1967 (c. 41) (prohibition of acts facilitating or otherwise relating to broadcasts from ships etc.), the following subsection shall be inserted after subsection (3)—

3A
Section 46 of the Consumer Protection Act 1987 (meaning of supply) shall have effect for construing references in this section to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of goods.

33

1

Section 5 of that Act shall be further amended as follows.

2

In subsection (3) (offences of doing things with intent that an unlawful broadcast may be made)—

a

in paragraph (a), for “with intent that a broadcast of it may” there shall be substituted “ knowing, or having reasonable cause to believe, that a broadcast of it is to ”;

b

in paragraph (b), for “with intent that a broadcast of the work may” there shall be substituted “ knowing, or having reasonable cause to believe, that a broadcast of the work is to ”;

c

in paragraph (c), for “with intent that the work may” there shall be substituted “ knowing, or having reasonable cause to believe, that the work is to ”.

3

For subsection (4) (presumption as to advertising) there shall be substituted—

4
The cases in which a person is to be taken for the purposes of this section as advertising by means of a broadcast include any case in which he causes or allows it to be stated, suggested or implied that entertainment included in the broadcast—
a
has been supplied by him; or
b
is provided wholly or partly at his expense.

34

In section 6(5) of that Act (restrictions on prosecutions), after the words “otherwise than”, wherever occurring, there shall be inserted “ by OFCOM or ”.

35

1

Section 7A of that Act (powers of enforcement in relation to marine offences) shall be amended as follows.

2

In subsection (1), after “the Secretary of State” there shall be inserted “ or OFCOM ”.

3

In subsections (2) and (4), for “the Secretary of State has issued a written authorisation” there shall be substituted “ a written authorisation has been issued by the Secretary of State or OFCOM ”.

4

In subsection (3)(a), for “the Secretary of State has issued an authorisation” there shall be substituted “ an authorisation has been issued by the Secretary of State or OFCOM ”.

5

In subsection (7), after “powers” there shall be inserted “ except so far as exercisable by virtue of an authorisation issued by OFCOM ”.

36

In section 9(1) of that Act (interpretation), after the definition of “the high seas” there shall be inserted—

“OFCOM” means the Office of Communications;