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Communications Act 2003
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- 2003 c. 21
- SCHEDULE 17
- Telecommunications Act 1984
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This version of this cross heading contains provisions that are prospective.
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- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
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Changes to legislation:
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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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 applied (with modifications) by S.I. 2004/1944 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 text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended 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 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 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 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. 368BA 368BB inserted by S.I. 2010/419 reg. 4
- s. 368NA inserted by S.I. 2010/419 reg. 9
- Sch. 11A inserted by S.I. 2010/831 reg. 9
- 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
- specified provision(s) amendment to earlier commencing SI 2003/3142 art. 4 by S.I. 2004/1492 art. 2
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. 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. 2-4 commences (2002 c. 11 and 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. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
Prospective
Telecommunications Act 1984E+W+S+N.I.
63(1)Sections 44 to 46 of the Telecommunications Act 1984 (c. 12) (offences relating to modification and interception of messages and to assaults on the persons engaged on the business of a telecommunications operator) shall cease to have effect.E+W+S+N.I.
(2)No proceedings shall be capable of being begun at any time after the commencement of this paragraph for any offence under any of those sections which was committed before the commencement of this paragraph.
(3)Any proceedings for an offence under any of those sections which have been begun before the commencement of this paragraph but in which there has not yet been a conviction must be discontinued immediately.
64In sections 79, 83, 85 and 86 of that Act (wireless telegraphy provisions), for the words “the Secretary of State” and “The Secretary of State”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.
64In sections 79, 83, 85 and 86 of that Act (wireless telegraphy provisions), for the words “the Secretary of State” and “The Secretary of State”, wherever occurring, there shall be substituted “ OFCOM ”.E+W+S+N.I.
65In section 79(6)(b) of that Act (seizure of apparatus etc.), for “section 80 or 81 below” there shall be substituted “ Schedule 7 to the Communications Act 2003 ”.E+W+S+N.I.
66(1)Section 83 of that Act (disposal of seized apparatus and property) shall be further amended as follows.E+W+S+N.I.
(2)In subsections (1)(b) and (2)(b), for “section 80 or 81 above”, in each place, there shall be substituted “ Schedule 7 to the Communications Act 2003 ”.
(3)In subsection (3), for “him” there shall be substituted “ them ”.
(4)In subsection (4), for “he thinks” there shall be substituted “ they think ”.
67(1)Section 84 of that Act (approval of wireless telegraphy apparatus) shall be amended as follows.E+W+S+N.I.
(2)For the words “Secretary of State”, wherever occurring, except in subsection (9), there shall be substituted “ relevant authority ”.
(3)In subsection (5), for “him” there shall be substituted “ the relevant authority ”.
(4)In subsection (8) for “his” there shall be substituted “ the relevant authority's ”.
(5)After subsection (8) there shall be inserted—
“(8A)Subject to subsection (8B), in this section “the relevant authority” means—
(a)in such cases as may be specified in an order made by the Secretary of State, the Secretary of State; and
(b)in any other case, OFCOM.
(8B)Where an application for the purposes of this section is made to the Secretary of State or OFCOM and it appears to the person to whom it is made that it should have been made to the other—
(a)that person shall refer the application to the other; and
(b)the application shall be proceeded with as if made to the person to whom it is referred.”
68Section 90 of that Act (funding of wireless interference service by the Secretary of State) shall cease to have effect.E+W+S+N.I.
69(1)Section 91 of that Act (construction of references to the conclusion of proceedings) shall be amended as follows.E+W+S+N.I.
(2)In subsection (1), for “under the 1949 Act or for the forfeiture of any apparatus under section 80 or 81 above” there shall be substituted “ to which section 79 above applies or for the forfeiture of any apparatus under Schedule 7 to the Communications Act 2003 ”.
70(1)Section 94 of that Act (directions in the interests of national security) shall be amended as follows.E+W+S+N.I.
(2)In subsection (1), for “requisite or expedient” there shall be substituted “ necessary ”.
(3)In subsection (2), for “requisite or expedient” there shall be substituted “ necessary ”.
(4)After subsection (2), there shall be inserted—
“(2A)The Secretary of State shall not give a direction under subsection (1) or (2) unless he believes that the conduct required by the direction is proportionate to what is sought to be achieved by that conduct.”
(5)In subsection (3), for “this Act” there shall be substituted “ Part 1 or Chapter 1 of Part 2 of the Communications Act 2003 and, in the case of a direction to a provider of a public electronic communications network, notwithstanding that it relates to him in a capacity other than as the provider of such a network ”.
(6)In subsection (6), for “public telecommunications operators” there shall be substituted “ providers of public electronic communications networks ”.
(7)In subsection (8), for the words from “the Director” onwards there shall be substituted “ OFCOM and to providers of public electronic communications networks. ”
71(1)Section 98 of that Act (use of conduits for telecommunications purposes) shall be amended as follows.E+W+S+N.I.
(2)In subsection (1), for the words “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”.
(3)In subsection (5)(a), for the words “telecommunication purposes” there shall be substituted “ the purposes of any electronic communications network or of any electronic communications service ”.
72(1)Section 101 of that Act (general restrictions on disclosure of information) shall be amended as follows.E+W+S+N.I.
(2)In subsection (1)(a), after “this Act” there shall be inserted “ (except Part 6) ”.
(3)In subsection (2)(a)—
(a)the words “or transferred”shall be omitted; and
(b)for the words “, the Director or the Commission by or under this Act” there shall be substituted “ or OFCOM by or under this Act (except functions assigned by or under Part 6) ”.
(4)In subsection (2)(b), after “the Rail Regulator” there shall be inserted “ , OFCOM ”.
(5)In subsection (3), after paragraph (p) there shall be inserted—
“(q)the Communications Act 2003 (excluding the provisions of that Act which are enactments relating to the management of the radio spectrum within the meaning of that Act).”
(6)Subsection (4) shall cease to have effect.
(7)In subsection (6), for “the Director” there shall be substituted “ OFCOM ”.
73In section 104 of that Act (orders and schemes), after subsection (1) there shall be inserted—E+W+S+N.I.
“(1A)Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to every power of OFCOM to make an order under a provision of this Act.
(1B)The approval of the Secretary of State is required for the making by OFCOM of an order under section 85 or 86 above.
(1C)A statutory instrument containing an order made by OFCOM under section 85 or 86 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
74In section 106(1) of that Act (general interpretation), after the definition of “modifications” there shall be inserted—E+W+S+N.I.
““OFCOM” means the Office of Communications;”.
75In paragraph 18(2) of Schedule 2 to that Act (notices affixed to overhead apparatus), for “paragraph 24(4)(a)” there shall be substituted “ paragraph 24(2A)(a) ”.E+W+S+N.I.
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