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SCHEDULES

SCHEDULE 18Transitional Provisions

Pre-commencement proposals relating to universal service matters

7(1)Where a proposal for the designation of a person as a universal service provider has been confirmed under regulation 4(10) of the Electronic Communications (Universal Service) Regulations 2003 (S.I. 2003/33), the designation is to have effect after the commencement of section 66 of this Act as a designation in accordance with regulations under that section.

(2)Where in any person’s case a proposal to set a condition has been confirmed under regulation 4(10) or 5(4) of those regulations, that condition is to have effect after the commencement of that section as a condition set by OFCOM under section 45 of this Act and applied to that person.

(3)Where an appeal under regulation 6 of those regulations against a decision under them has been brought but not concluded before the commencement of section 192 of this Act—

(a)that appeal is to be stayed or sisted as from the commencement of the section; but

(b)the appellant is to have a new right of appeal under the section against the decision (as it has effect by virtue of this paragraph) as if—

(i)it were the corresponding decision made by OFCOM under Chapter 1 of Part 2 of this Act; and

(ii)it had been made immediately after the commencement of the section.

(4)Tribunal rules (within the meaning of Chapter 3 of Part 2 of this Act) may, in relation to an appeal stayed or sisted under sub-paragraph (3), make transitional provision for requiring steps taken and things done for the purposes of that appeal to be taken into account, to the extent set out in the rules, in the case of an appeal brought by virtue of paragraph (b) of that sub-paragraph.