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Communications Act 2003

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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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