Search Legislation

Communications Act 2003

What Version

 Help about what version

Advanced Features

 Help about advanced features

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. Help about Changes to Legislation

Close

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 :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

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.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Communications Act 2003

 Help about changes and effects
Close

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 legislation that affects this Act into force:

SCHEDULES

Prospective

Section 2

SCHEDULE 1E+W+S+N.I.Functions transferred to OFCOM

Wireless telegraphy functionsE+W+S+N.I.

1(1)Subject to sub-paragraphs (2) and (3), the functions of the Secretary of State under the following enactments are transferred to OFCOM—E+W+S+N.I.

(a)the Wireless Telegraphy Act 1949 (c. 54);

(b)section 7 of the Wireless Telegraphy Act 1967 (c. 72) (restriction on dealings in, and custody of, certain apparatus);

(c)Part 6 of the Telecommunications Act 1984 (c. 12) (provisions relating to wireless telegraphy);

(d)the Wireless Telegraphy Act 1998 (c. 6).

(2)The following functions remain functions of the Secretary of State—

(a)his functions under section 5 of the Wireless Telegraphy Act 1949 (misleading messages and interception and disclosure of wireless telegraphy messages);

(b)his functions under section 6 of that Act (regulations about apparatus on board ships etc.);

(c)his functions under section 7 of that Act (powers as to wireless personnel).

(3)The functions of the Secretary of State under section 84 of the Telecommunications Act 1984 (approval of wireless telegraphy apparatus)—

(a)if an order made by the Secretary of State under subsection (8A) of that section is in force, shall be exercisable by him and by OFCOM in accordance with that order; and

(b)if there is no such order, shall be exercisable by OFCOM.

2(1)The functions of the Secretary of State under section 7A of the Marine, &c., Broadcasting (Offences) Act 1967 (c. 41) (powers of enforcement of marine offences under that Act) shall (with the following exception) be exercisable concurrently by the Secretary of State and OFCOM.E+W+S+N.I.

(2)The exception is the functions of the Secretary of State under that section so far as they relate to powers exercisable by virtue of subsection (7) of that section.

Functions in relation to the licensing etc. of television servicesE+W+S+N.I.

3The following functions of the Independent Television Commission are transferred to OFCOM—E+W+S+N.I.

(a)the function of granting or awarding licences under Part 1 of the 1990 Act (independent television services) and Part 1 of the 1996 Act (digital television broadcasting);

(b)the Commission’s functions under those Parts in relation to, and to applications for, licences under either of those Parts;

(c)the function of securing the provision of a nationwide system of television broadcasting services known as Channel 3;

(d)the function of securing the provision of the television broadcasting service known as Channel 5.

Functions in relation to C4CE+W+S+N.I.

4The functions conferred on the Independent Television Commission by or under section 23 of the 1990 Act and under Schedule 3 to that Act (appointment of members of C4C and related administrative functions) are transferred to OFCOM.E+W+S+N.I.

Functions in relation to the licensing of radio servicesE+W+S+N.I.

5The following functions of the Radio Authority are transferred to OFCOM—E+W+S+N.I.

(a)the function of granting or awarding licences under Part 3 of the 1990 Act (independent radio services) and Part 2 of the 1996 Act (digital sound broadcasting); and

(b)the Authority’s functions under those Parts in relation to licences granted or awarded under those Parts.

Functions in relation to the proscription of foreign satellite servicesE+W+S+N.I.

6The functions of the Independent Television Commission and of the Radio Authority under section 177 of the 1990 Act (proscription of foreign satellite services) are transferred to OFCOM.E+W+S+N.I.

Functions in relation to Gaelic broadcastingE+W+S+N.I.

7The functions of the Independent Television Commission under sections 183 and 184 of the 1990 Act and the functions of that Commission and of the Radio Authority under Schedule 19 to that Act (Gaelic broadcasting) are transferred to OFCOM.E+W+S+N.I.

Functions in relation to the national television archiveE+W+S+N.I.

8The functions of the Independent Television Commission under section 185 of the 1990 Act (maintenance of the national television archive) are transferred to OFCOM.E+W+S+N.I.

Warrants to enter and search premises to enforce broadcasting licences provisionsE+W+S+N.I.

9The functions of the Independent Television Commission and of the Radio Authority under section 196(1) of the 1990 Act (entry and search for the purposes of enforcing licensing provisions of the 1990 and 1996 Acts) are transferred to OFCOM.E+W+S+N.I.

Variation of existing Channel 3 and Channel 5 licencesE+W+S+N.I.

10Any power to vary licences which is conferred on the Independent Television Commission by an order under section 28 of the 1996 Act is transferred to OFCOM.E+W+S+N.I.

Reports for the purposes of the review of digital broadcastingE+W+S+N.I.

11The functions of the Independent Television Commission and of the Radio Authority under sections 33 and 67 of the 1996 Act (reports to the Secretary of State for the purposes of his review of digital broadcasting) are transferred to OFCOM.E+W+S+N.I.

Functions in relation to reservation of digital capacity to the BBCE+W+S+N.I.

12The function of the Secretary of State under section 49(4) of the 1996 Act (reserving digital capacity on a local radio multiplex service for the BBC) is transferred to OFCOM.E+W+S+N.I.

Functions in relation to listed eventsE+W+S+N.I.

13The functions of the Independent Television Commission under Part 4 of the 1996 Act (functions in connection with listed events) are transferred to OFCOM.E+W+S+N.I.

Functions relating to fairness and privacy in broadcastingE+W+S+N.I.

14The following functions of the Broadcasting Standards Commission under Part 5 of the 1996 Act are transferred to OFCOM—E+W+S+N.I.

(a)the Commission’s function of drawing up and from time to time revising a code of practice under section 107 of that Act (codes of practice relation to fairness and privacy); and

(b)their functions in relation to fairness complaints under that Part.

Prospective

Section 30

SCHEDULE 2E+W+S+N.I.Transfer schemes

Contents of transfer schemeE+W+S+N.I.

1(1)A transfer scheme—E+W+S+N.I.

(a)shall set out the property, rights and liabilities to be transferred by the scheme; and

(b)may make incidental, supplemental, consequential and transitional provision in connection with the transfer of that property and of those rights and liabilities.

(2)The provisions of the scheme setting out the property, rights and liabilities to be transferred may do so in either or both of the following ways—

(a)by specifying them or describing them in particular; or

(b)by identifying them generally by reference to, or to a specific part of, an undertaking from which they are to be transferred.

(3)The property, rights and liabilities that are to be capable of being transferred by a transfer scheme include—

(a)property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the person from whom they are transferred;

(b)property acquired and rights and liabilities arising in the period after the making of the scheme and before it comes into force;

(c)rights and liabilities arising subsequently in respect of matters occurring in that period;

(d)property situated anywhere in the United Kingdom or elsewhere and rights and liabilities under the law of any part of the United Kingdom or of any place outside the United Kingdom; and

(e)rights and liabilities under an enactment.

(4)The provision that may be made under sub-paragraph (1)(b) includes provision for the creation in favour of a pre-commencement regulator, the Secretary of State or OFCOM of rights or liabilities over or in respect of property transferred to OFCOM or property retained by a pre-commencement regulator or the Secretary of State.

(5)The transfers to which effect may be given by a transfer scheme, and the rights that may be created by means of such a scheme, include transfers that are to take effect, and rights that are to arise, in accordance with the scheme as if there were—

(a)no such requirement to obtain a person’s consent or concurrence,

(b)no such liability in respect of any contravention of any other requirement, and

(c)no such interference with any interest or right,

as there would be, in the case of a transaction apart from this Act (whether under any enactment or agreement or otherwise), by reason of any provision having effect in relation to the terms on which a pre-commencement regulator or the Secretary of State is entitled or subject to any property, right or liability.

Effect of transfer schemeE+W+S+N.I.

2(1)Property transferred by a transfer scheme shall, on the coming into force of the scheme, vest in OFCOM without further assurance.E+W+S+N.I.

(2)Where any transfer scheme comes into force, any agreement made, transaction effected or other thing done by or in relation to the person from whom any transfers for which the scheme provides are made shall have effect, so far as necessary for the purposes of those transfers, as if—

(a)it had been made, effected or done by or in relation to OFCOM; and

(b)OFCOM were the same person in law as the person from whom the transfer is made.

(3)Accordingly, references in any agreement, document, process or instrument of any description to the person from whom anything is transferred by means of a transfer scheme shall have effect, so far as necessary for the purpose of giving effect to the transfer from the coming into force of the scheme, as references to OFCOM.

(4)Where any agreement, document, process or instrument of any description has effect, in relation to anything transferred by means of a transfer scheme, as referring (whether expressly or by implication)—

(a)to a member or to an officer of a pre-commencement regulator, or

(b)to an officer of the Secretary of State,

that agreement, document, process or instrument shall have effect so far as necessary for the purposes of the transfers effected by the scheme and in consequence of them, as referring instead to the person mentioned in sub-paragraph (5).

(5)That person is—

(a)the person nominated for the purposes of the transfer by OFCOM; or

(b)in default of a nomination, the member or employee of OFCOM who most closely corresponds to the member or officer originally referred to.

(6)Nothing in sub-paragraph (3) or (4) is to apply in relation to any reference in an enactment or in subordinate legislation.

Retrospective modification of a transfer schemeE+W+S+N.I.

3(1)If at any time after the coming into force of a transfer scheme it appears to the Secretary of State that it is appropriate to do so, he may by order provide for the scheme to be deemed to have come into force with such modifications (including modifications retrospective to the time of the coming into force of the scheme) as may be provided for in the order.E+W+S+N.I.

(2)The power under this paragraph to provide by order for the modification of a transfer scheme shall be exercisable for the purpose only of making provision that could have been made by the scheme.

(3)Before making an order under this paragraph the Secretary of State must consult OFCOM.

CompensationE+W+S+N.I.

4(1)Where, in consequence of any provision included in a transfer scheme, the interests, rights or liabilities of a third party are modified as mentioned in sub-paragraph (2), the third party is to be entitled to such compensation as may be just in respect of—E+W+S+N.I.

(a)any diminution in the value of any of his interests or rights, or

(b)any increase in the burden of his liabilities,

which is attributable to that modification.

(2)The modifications mentioned in sub-paragraph (1) are modifications by virtue of which—

(a)an interest of the third party in any property is transformed into, or replaced by—

(i)an interest in only part of that property; or

(ii)separate interests in different parts of that property;

(b)a right of the third party against any of the pre-commencement regulators or against the Secretary of State is transformed into, or replaced by, two or more rights which do not include a right which, on its own, is equivalent (disregarding the person against whom it is enforceable) to the right against that regulator or (as the case may be) against the Secretary of State; or

(c)a liability of the third party to any of the pre-commencement regulators or to the Secretary of State is transformed into, or replaced by, two or more separate liabilities at least one of which is a liability enforceable by a person other than the person by whom it was enforceable before being so transformed.

(3)Where—

(a)a third party would, apart from any provision of a transfer scheme, have become entitled to, or to exercise, any interest or right arising or exercisable in respect of the transfer or creation in accordance with such a scheme of any property, rights or liabilities, and

(b)the provisions of that scheme have the effect of preventing that person’s entitlement to, or to exercise, that interest or right from arising on any occasion in respect of anything mentioned in paragraph (a), and

(c)provision is not made by a transfer scheme for securing that an entitlement to, or to exercise, that interest or right or an equivalent interest or right, is preserved or created so as to arise in respect of the first occasion when corresponding circumstances next occur after the coming into force of the transfers for which the scheme provides,

the third party is to be entitled to such compensation as may be just in respect of the extinguishment of the interest or right.

(4)A liability to pay compensation under this paragraph shall fall on the persons mentioned in sub-paragraph (5) who (as the case may be)—

(a)have interests in the whole or any part of the property affected by the modification in question,

(b)are subject to the rights of the person to be compensated which are affected by the modification in question,

(c)are entitled to enforce the liabilities of the person to be compensated which are affected by that modification, or

(d)benefit from the extinguishment of the entitlement mentioned in sub-paragraph (3),

and that liability shall be apportioned between those persons in such manner as may be appropriate having regard to the extent of their respective interests, rights or liabilities or the extent of the benefit they respectively obtain from the extinguishment.

(5)Those persons are the pre-commencement regulators and the Secretary of State.

(6)Sub-paragraph (4) shall have effect subject to so much of any transfer scheme (including the one that gives rise to the liability) as makes provision for the transfer of any liability under that sub-paragraph to OFCOM.

(7)Any dispute as to whether, or as to the person by whom, any compensation is to be paid under this paragraph, and any dispute as to the amount of compensation to be paid by a person, shall be referred to and determined—

(a)where the claimant requires the matter to be determined in England and Wales or in Northern Ireland, by an arbitrator appointed by the Lord Chancellor, or

(b)where the claimant requires the matter to be determined in Scotland, by an arbiter appointed by the Lord President of the Court of Session.

(8)In this paragraph “third party”, in relation to provisions capable of giving rise to compensation under this paragraph, means any person other than—

(a)a pre-commencement regulator; and

(b)the Secretary of State.

Stamp dutyE+W+S+N.I.

5(1)Stamp duty is not to be chargeable—E+W+S+N.I.

(a)on a transfer scheme; or

(b)on an instrument or agreement certified by the Secretary of State to the Commissioners of Inland Revenue as made for the purposes of a transfer scheme, or as made for purposes connected with such a scheme.

(2)But a transfer scheme, or an instrument or agreement so certified, is to be treated as duly stamped only if—

(a)in accordance with section 12 of the Stamp Act 1891 (c. 39) it has been stamped with a stamp denoting either that it is not chargeable to duty or that it has been duly stamped; or

(b)it is stamped with the duty to which it would be chargeable apart from this paragraph.

Interpretation of ScheduleE+W+S+N.I.

6In this Schedule “transfer scheme” means a scheme made by a pre-commencement regulator or by the Secretary of State under section 30.E+W+S+N.I.

Section 106

SCHEDULE 3E+W+S+N.I.Amendments of Schedule 2 to the Telecommunications Act 1984

IntroductoryE+W+S+N.I.

1Schedule 2 to the Telecommunications Act 1984 (c. 12) (the telecommunications code) shall be amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 3 para. 1 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Meaning of conduit system and electronic communications apparatus, network or serviceE+W+S+N.I.

2(1)In sub-paragraph (1) of paragraph 1 (interpretation of the code), after the definitions of “bridleway” and “footpath” there shall be inserted—E+W+S+N.I.

conduit” includes a tunnel, subway, tube or pipe;

conduit system” means a system of conduits provided so as to be available for use by providers of electronic communications networks for the purposes of the provision by them of their networks;.

(2)In that sub-paragraph, after the definition of “the court” there shall be inserted—

electronic communications apparatus” means—

(a)any apparatus (within the meaning of the Communications Act 2003) which is designed or adapted for use in connection with the provision of an electronic communications network;

(b)any apparatus (within the meaning of that Act) that is designed or adapted for a use which consists of or includes the sending or receiving of communications or other signals that are transmitted by means of an electronic communications network;

(c)any line;

(d)any conduit, structure, pole or other thing in, on, by or from which any electronic communications apparatus is or may be installed, supported, carried or suspended;

and references to the installation of electronic communications apparatus are to be construed accordingly;

electronic communications network” has the same meaning as in the Communications Act 2003, and references to the provision of such a network are to be construed in accordance with the provisions of that Act;

electronic communications service” has the same meaning as in the Communications Act 2003, and references to the provision of such a service are to be construed in accordance with the provisions of that Act;.

(3)In that sub-paragraph, for the definition of “line” there shall be substituted—

line” means any wire, cable, tube, pipe or similar thing (including its casing or coating) which is designed or adapted for use in connection with the provision of any electronic communications network or electronic communications service;.

(4)In that sub-paragraph, after the definition of “road” there shall be inserted—

signal” has the same meaning as in section 32 of the Communications Act 2003;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 3 para. 2 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Meaning of operator and operator’s systemE+W+S+N.I.

3(1)In sub-paragraph (1) of paragraph 1 for the definitions of “the operator” and “the operator’s system” there shall be substituted—E+W+S+N.I.

the operator” means—

(a)where the code is applied in any person’s case by a direction under section 106 of the Communications Act 2003, that person; and

(b)where it applies by virtue of section 106(3)(b) of that Act, the Secretary of State or (as the case may be) the Northern Ireland department in question;

the operator’s network” means—

(a)in relation to an operator falling within paragraph (a) of the definition of “operator”, so much of any electronic communications network or conduit system provided by that operator as is not excluded from the application of the code under section 106(5) of the Communications Act 2003; and

(b)in relation to an operator falling within paragraph (b) of that definition, the electronic communications network which the Secretary of State or the Northern Ireland department is providing or proposing to provide;.

(2)In that sub-paragraph—

(a)in the definition of “emergency works”, in paragraph (b), for “the operator’s system” there shall be substituted “ the operator’s network ”; and

(b)in the definition of “the statutory purposes” for “establishing and running the operator’s system” there shall be substituted “ the provision of the operator’s network ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 3 para. 3 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Provision of a conduit systemE+W+S+N.I.

4After sub-paragraph (3) of paragraph 1 there shall be inserted—E+W+S+N.I.

(3A)References in this code to the provision of a conduit system include references to establishing or maintaining such a system.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 3 para. 4 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

General amendmentsE+W+S+N.I.

5In paragraphs 2 to 28—E+W+S+N.I.

(a)for the words “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(b)for the words “telecommunication services”, wherever occurring, there shall be substituted “ electronic communications services ”;

(c)for the words “a telecommunication system”, wherever occurring, there shall be substituted “ an electronic communications network or to electronic communications services ”; and

(d)for the word “system”, wherever occurring (otherwise than in the expression “telecommunication system”), there shall be substituted “ network ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 3 para. 5 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Power to fly linesE+W+S+N.I.

6In paragraph 10 (power to fly lines), after sub-paragraph (2) there shall be inserted—E+W+S+N.I.

(3)In this paragraph “business” includes a trade, profession or employment and includes any activity carried on by a body of persons (whether corporate or unincorporate).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 3 para. 6 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Power to require alteration of apparatusE+W+S+N.I.

7In paragraph 20(4)(b) (alteration not to interfere with service provided by the operator’s network), for “provided by” there shall be substituted “ which is or is likely to be provided using ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 3 para. 7 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Undertaker’s worksE+W+S+N.I.

8In paragraph 23(10) (interpretation of provisions relating to undertakers' works), in paragraph (b) of the definition of “relevant undertaker”, for the words “by a licence under section 7 of this Act” there shall be substituted “ by a direction under section 106 of the Communications Act 2003 ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 3 para. 8 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Notices under the codeE+W+S+N.I.

9(1)In sub-paragraph (1) of paragraph 24 (notices in a form approved by the Director), for “the Director” there shall be substituted “ OFCOM ”.E+W+S+N.I.

(2)For sub-paragraphs (2) to (4) of that paragraph there shall be substituted—

(2)A notice required to be given to any person for the purposes of any provision of this code is not to be sent to him by post unless it is sent by a registered post service or by recorded delivery.

(2A)For the purposes, in the case of such a notice, of section 394 of the Communications Act 2003 and the application of section 7 of the Interpretation Act 1978 in relation to that section, the proper address of a person is—

(a)if the person to whom the notice is to be given has furnished the person giving the notice with an address for service under this code, that address; and

(b)only if he has not, the address given by that section of the Act of 2003.

(3)In sub-paragraph (6) of that paragraph—

(a)for “purporting to be signed by the Director” there shall be substituted “ issued by OFCOM ”; and

(b)for “him” there shall be substituted “ them ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 3 para. 9 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Application of code to the CrownE+W+S+N.I.

10In paragraph 26(4) (Crown application provision not to apply where the telecommunication system is being provided or is to be provided by the Secretary of State or a Northern Ireland department), for “has effect by virtue of section 10(1)(b) of this Act” there shall be substituted “ applies in the case of the Secretary of State or a Northern Ireland department by virtue of section 106(3)(b) of the Communications Act 2003 ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 3 para. 10 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Effect of agreements concerning sharing of apparatusE+W+S+N.I.

11After paragraph 28, there shall be inserted—E+W+S+N.I.

Effect of agreements concerning sharing of apparatusE+W+S+N.I.

29(1)This paragraph applies where—

(a)this code has been applied by a direction under section 106 of the Communications Act 2003 in a person’s case;

(b)this code expressly or impliedly imposes a limitation on the use to which electronic communications apparatus installed by that person may be put or on the purposes for which it may be used; and

(c)that person is a party to a relevant agreement or becomes a party to an agreement which (after he has become a party to it) is a relevant agreement.

(2)The limitation is not to preclude—

(a)the doing of anything in relation to that apparatus, or

(b)its use for particular purposes,

to the extent that the doing of that thing, or the use of the apparatus for those purposes, is in pursuance of the agreement.

(3)This paragraph is not to be construed, in relation to a person who is entitled or authorised by or under a relevant agreement to share the use of apparatus installed by another party to the agreement, as affecting any consent requirement imposed (whether by a statutory provision or otherwise) on that person.

(4)In this paragraph—

  • consent requirement”, in relation to a person, means a requirement for him to obtain consent or permission to or in connection with—

    (a)

    the installation by him of apparatus; or

    (b)

    the doing by him of any other thing in relation to apparatus the use of which he is entitled or authorised to share;

  • relevant agreement” means an agreement in relation to electronic communications apparatus which—

    (a)

    relates to the sharing by different parties to the agreement of the use of that apparatus; and

    (b)

    is an agreement that satisfies the requirements of sub-paragraph (5);

  • statutory provision” means a provision of an enactment or of an instrument having effect under an enactment.

(5)An agreement satisfies the requirements of this sub-paragraph if—

(a)every party to the agreement is a person in whose case this code applies by virtue of a direction under section 106 of the Communications Act 2003; or

(b)one or more of the parties to the agreement is a person in whose case this code so applies and every other party to the agreement is a qualifying person.

(6)A person is a qualifying person for the purposes of sub-paragraph (5) if he is either—

(a)a person who provides an electronic communications network without being a person in whose case this code applies; or

(b)a designated provider of an electronic communications service consisting in the distribution of a programme service by means of an electronic communications network.

(7)In sub-paragraph (6)—

  • designated” means designated by an order made by the Secretary of State;

  • programme service” has the same meaning as in the Broadcasting Act 1990.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 3 para. 11 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Section 118

SCHEDULE 4E+W+S+N.I.Compulsory purchase and entry for exploratory purposes

InterpretationE+W+S+N.I.

1In this Schedule—E+W+S+N.I.

  • code operator” means a provider of an electronic communications network in whose case the electronic communications code is applied by a direction under section 106; and

  • the operator’s network”, in relation to a code operator, means so much of the electronic communications network provided by the operator as is not excluded from the application of the electronic communications code under section 106(5).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 4 para. 1 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

General duties with respect to powers under ScheduleE+W+S+N.I.

2In exercising his powers under this Schedule it shall be the duty of the Secretary of State to have regard, in particular, to each of the following—E+W+S+N.I.

(a)the duties imposed on OFCOM by sections 3 and 4;

(b)the need to protect the environment and, in particular, to conserve the natural beauty and amenity of the countryside;

(c)the need to ensure that highways are not damaged or obstructed, and traffic not interfered with, to any greater extent than is reasonably necessary;

(d)the need to encourage the sharing of the use of electronic communications apparatus.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13Sch. 4 para. 2 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Compulsory purchase of land: England and WalesE+W+S+N.I.

3(1)Subject to sub-paragraph (2), the Secretary of State may authorise a code operator to purchase compulsorily any land in England and Wales which is required by the operator—E+W+S+N.I.

(a)for, or in connection with, the establishment or running of the operator’s network; or

(b)as to which it can reasonably be foreseen that it will be so required.

(2)No order is to be made authorising a compulsory purchase under this paragraph by a code operator except with OFCOM’s consent.

(3)This power to purchase land compulsorily includes power to acquire an easement or other right over land by the creation of a new right.

(4)The Acquisition of Land Act 1981 (c. 67) is to apply to any compulsory purchase under this paragraph as if the code operator were a local authority within the meaning of that Act.

(5)The provisions of the Town and Country Planning Act 1990 (c. 8) specified in sub-paragraph (6) have effect in relation to land acquired compulsorily by a code operator under this paragraph as they have effect in relation to land acquired compulsorily by statutory undertakers.

(6)Those provisions are—

(a)sections 238 to 240 (use and development of consecrated land and burial ground);

(b)section 241 (use and development of land for open spaces); and

(c) sections 271 to 274(extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).

(7)Where a code operator has acquired land under this paragraph, he must not dispose of that land, or of an interest or right in or over it, except with OFCOM’s consent.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I14Sch. 4 para. 3 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Compulsory purchase of land: ScotlandE+W+S+N.I.

4(1)Subject to sub-paragraph (2), the Secretary of State may authorise a code operator to purchase compulsorily any land in Scotland which is required by the operator—E+W+S+N.I.

(a)for, or in connection with, the establishment or running of the operator’s network; or

(b)as to which it can reasonably be foreseen that it will be so required.

(2)No order is to be made authorising a compulsory purchase under this paragraph except with OFCOM’s consent.

(3)This power to purchase land compulsorily includes power to acquire a servitude or other right over land by the creation of a new right.

(4)The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies to any compulsory purchase under this paragraph as if—

(a)the code operator were a local authority within the meaning of that Act; and

(b)this paragraph had been in force immediately before the commencement of that Act.

(5)The provisions of the Town and Country Planning (Scotland) Act 1997 (c. 8) specified in sub-paragraph (6) have effect in relation to land acquired compulsorily by a code operator under this paragraph as they have effect in relation to land acquired compulsorily by statutory undertakers.

(6)Those provisions are—

(a)section 197 (provisions as to churches and burial grounds);

(b)section 198 (use and development of land for open spaces); and

(c)sections 224 to 227 (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).

(7)Where a code operator has acquired land under this paragraph, he must not dispose of that land, or of any interest or right in or over it, except with OFCOM’s consent.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15Sch. 4 para. 4 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Compulsory purchase of land: Northern IrelandE+W+S+N.I.

5(1)Where a code operator proposes to acquire, otherwise than by agreement, any land in Northern Ireland required by him—E+W+S+N.I.

(a)for, or in connection with, the establishment or running of the operator’s network, or

(b)as to which it can reasonably be foreseen that it will be so required,

he may, with OFCOM’s consent, apply to the Secretary of State for an order vesting that land in him.

(2)On such an application the Secretary of State is to have power to make such an order.

(3)This power to acquire land compulsorily includes power to acquire an easement or other right over land by the creation of a new right.

(4)Where a code operator has acquired land under this paragraph, he must not dispose of that land, or of any interest or right in or over it, except with OFCOM’s consent.

(5)The following provisions—

(a)Schedule 6 to the Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.)) (acquisition of land by vesting order), and

(b)Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (provisions as to inquiries),

have effect for the purposes of the acquisition of land by means of a vesting order under this paragraph as they have effect for the purposes of that Act and that Order but subject to the modifications set out in sub-paragraph (6).

(6)Those modifications are—

(a)for any reference to the Department substitute a reference to the Secretary of State;

(b)for any reference to the Act or Order in question substitute a reference to this Act;

(c)for any reference in Schedule 6 to the Local Government Act (Northern Ireland) 1972 to a council substitute a reference to the code operator;

(d)in paragraph 6(2) of that Schedule, for the words from “the fund” onwards substitute “ funds of the code operator (in this Schedule referred to as “the compensation fund”) and shall be discharged by payments made by the code operator ”; and

(e)in paragraph 12(2) of that Schedule for “the clerk of the council” substitute “ such person as may be designated for the purposes of this Schedule by the code operator ”.

(7)The enactments for the time being in force relating to the assessment of compensation in respect of land vested in a district council by an order made under Schedule 6 to the Local Government Act (Northern Ireland) 1972 are to apply, subject to any necessary modifications, in relation to land vested in a code operator by an order made under this paragraph.

(8)In this paragraph, “land” has the meaning assigned to it by section 45(1)(a) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I16Sch. 4 para. 5 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Entry on land for exploratory purposes: England and WalesE+W+S+N.I.

6(1)A person—E+W+S+N.I.

(a)nominated by a code operator, and

(b)duly authorised in writing by the Secretary of State,

may, at any reasonable time, enter upon and survey land in England and Wales for the purpose of ascertaining whether the land would be suitable for use by the code operator for, or in connection with, the establishment or running of the operator’s network.

(2)This paragraph does not apply in relation to land covered by buildings or used as a garden or pleasure ground.

(3)Sections 324(8) and 325(1) to (5), (8) and (9) of the Town and Country Planning Act 1990 (c. 8) (supplementary provisions relating to powers of entry) have effect in relation to the power conferred by this paragraph—

(a)as they have effect in relation to the powers conferred by section 324 of that Act; but

(b)subject to the modifications set out in sub-paragraph (4).

(4)Those modifications are—

(a)in section 324(8) (power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals) omit “or the presence of minerals therein”; and

(b)in section 325(1) (24 hours' notice to be given of an intended entry upon occupied land) for “24 hours” substitute “ 28 days ”.

(5)Where, in an exercise of the power conferred by this paragraph, any damage is caused to land or to chattels, the code operator must—

(a)make good the damage; or

(b)pay compensation in respect of the damage to every person interested in the land or chattels.

(6)Where, in consequence of an exercise of the power conferred by this paragraph, a person is disturbed in his enjoyment of land or chattels, the code operator must pay that person compensation in respect of the disturbance.

(7)Section 118 of the Town and Country Planning Act 1990 (c. 8) (determination of disputes as to compensation) applies to any question of disputed compensation under this paragraph as it applies to such questions under Part 4 of that Act.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17Sch. 4 para. 6 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Entry on land for exploratory purposes: ScotlandE+W+S+N.I.

7(1)A person—E+W+S+N.I.

(a)nominated by a code operator, and

(b)duly authorised in writing by the Secretary of State,

may, at any reasonable time, enter upon and survey any land in Scotland for the purpose of ascertaining whether the land would be suitable for use by the code operator for, or in connection with, the establishment or running of the operator’s network.

(2)This paragraph does not apply in relation to land covered by buildings or used as a garden or pleasure ground.

(3)Sections 269(6) and 270(1) to (5), (8) and (9) of the Town and Country Planning (Scotland) Act 1997 (c. 8) (supplementary provisions relating to powers of entry) have effect in relation to the power conferred by this paragraph—

(a)as they have effect in relation to the powers conferred by section 269 of that Act; but

(b)subject to the modifications set out in sub-paragraph (4).

(4)Those modifications are—

(a)in section 269(6) (power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals), omit “or the presence of minerals therein”; and

(b)in section 270(1) (24 hours' notice to be given of an intended entry upon occupied land) for “24 hours” substitute “ 28 days ”.

(5)Where, in an exercise of the power conferred by this paragraph, damage is caused to land or to corporeal moveables, the code operator must—

(a)make good the damage; or

(b)pay compensation in respect of the damage to every person interested in the land or corporeal moveables.

(6)Where, in consequence of an exercise of the power conferred by this paragraph, a person is disturbed in his enjoyment of any land or corporeal moveables, the code operator must pay that person compensation in respect of the disturbance.

(7)A dispute arising under this paragraph—

(a)as to the effect of damage, or

(b)as to the amount of compensation,

must be determined by arbitration by a single arbiter appointed by agreement between the parties or, in default of an agreement, by the Secretary of State.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18Sch. 4 para. 7 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Entry on land for exploratory purposes: Northern IrelandE+W+S+N.I.

8(1)A person—E+W+S+N.I.

(a)nominated by a code operator, and

(b)duly authorised in writing by the Secretary of State,

may, at any reasonable time, enter upon and survey any land in Northern Ireland for the purpose of ascertaining whether the land would be suitable for use by the code operator for, or in connection with, the establishment or running of the operator’s network.

(2)This paragraph does not apply in relation to land covered by buildings or used as a garden or pleasure ground.

(3)Subsections (2) to (5) and (8) of section 40 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23 (N.I.)) (supplementary provisions relating to powers of entry) have effect in relation to the power of entry conferred by this paragraph—

(a)as they have effect in relation to the power conferred by that section; but

(b)subject to the modifications set out in sub-paragraph (4).

(4)Those modifications are—

(a)in section 40(2) (power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals) omit “or the presence of minerals therein”; and

(b)in section 40(3)(b) (three days' notice to be given of an intended entry upon occupied land) for the word “three” substitute “ twenty eight ”.

(5)Where, in an exercise of the power conferred by this paragraph, damage is caused to land or to chattels, the code operator must—

(a)make good the damage; or

(b)pay compensation in respect of the damage to every person interested in the land or chattels.

(6)Where, in consequence of an exercise of the power conferred by this paragraph, a person is disturbed in his enjoyment of any land or chattels, the code operator must pay that person compensation in respect of the disturbance.

(7)Section 31 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 (determination of disputes as to compensation) applies to any question of disputed compensation under this paragraph as it applies to such questions under Part 3 of that Act.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I19Sch. 4 para. 8 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Acquisition of land by agreementE+W+S+N.I.

9(1)For the purpose of the acquisition by agreement by a code operator of land in England and Wales, the provisions of Part 1 of the Compulsory Purchase Act 1965 (c. 56) (so far as applicable), other than sections 4 to 8 (time limits, notices to treat etc.) and section 31 (ecclesiastical property), apply as they apply for the purposes of that Act.E+W+S+N.I.

(2)For the purpose of the acquisition by agreement by a code operator of land in Scotland, section 109(2) of the Town and Country Planning (Scotland) Act 1972 (c. 52) (incorporation of Lands Clauses Acts) applies, with any necessary modifications, for the purposes of this Act as it applies for the purposes of that Act.

(3)For the purpose of the acquisition by agreement by a code operator of land in Northern Ireland, the Lands Clauses Acts, except for sections 127 to 132 (sale of superfluous land) and sections 150 and 151 (access to the special Act) of the Lands Clauses Consolidation Act 1845 (c. 18), apply as they apply for the purposes of those Acts.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20Sch. 4 para. 9 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Prospective

Section 159

SCHEDULE 5E+W+S+N.I.Procedure for grants of recognised spectrum access

General procedure for applicationsE+W+S+N.I.

1(1)An application for a grant of recognised spectrum access shall be determined in accordance with procedures prescribed in regulations made by OFCOM.E+W+S+N.I.

(2)Section 403 applies to regulations made under this paragraph.

(3)The procedures must include provision for—

(a)time limits for dealing with applications for a grant of recognised spectrum access;

(b)requirements which must be met before a grant is made;

(c)the restrictions and conditions to which a grant may be made subject.

Information to be provided in connection with applicationsE+W+S+N.I.

2The grounds on which a grant of recognised spectrum access may be refused by OFCOM include a failure by the applicant to provide information which OFCOM reasonably require in order to satisfy themselves that the applicant is able to comply with restrictions or conditions to which the grant may be made subject.E+W+S+N.I.

Notice of proposed refusal of applicationE+W+S+N.I.

3(1)Where OFCOM propose to refuse an application for a grant of recognised spectrum access, they shall give notice to the applicant—E+W+S+N.I.

(a)stating the reasons for their proposal; and

(b)specifying a period within which representations may be made about the proposal.

(2)That period must be a period ending not less than one month after the day of the giving of the notice.

Duration of grantE+W+S+N.I.

4A grant of recognised spectrum access continues in force, unless previously revoked by OFCOM, for such period as may be specified in the notification by which the grant is made.E+W+S+N.I.

Revocation or modificationE+W+S+N.I.

5OFCOM may revoke or modify a grant of recognised spectrum access, or the restrictions or conditions to which such a grant is subject, by a notice to the person to whom the grant was made.E+W+S+N.I.

Notice of proposed revocation or modificationE+W+S+N.I.

6(1)Where OFCOM propose to revoke or modify a grant of recognised spectrum access or a restriction or condition to which such a grant is subject, they shall give a notification to the holder of the grant—E+W+S+N.I.

(a)stating the reasons for their proposal; and

(b)specifying the period during which the person notified has an opportunity to do the things specified in sub-paragraph (2).

(2)Those things are—

(a)making representations about the proposal; and

(b)if the proposal is the result of a contravention of a restriction or condition of the grant, complying with it.

(3)Subject to sub-paragraphs (4) to (6), the period for doing those things must be the period of one month beginning with the day after the one on which the notification was given.

(4)OFCOM may, if they think fit, allow a longer period for doing those things either—

(a)by specifying a longer period in the notification; or

(b)by subsequently, on one or more occasions, extending the specified period.

(5)The person notified shall have a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.

(6)The person notified shall also have a shorter period if—

(a)OFCOM have reasonable grounds for believing that the case is a case of serious and repeated contravention or an urgent case;

(b)they have determined that, in the circumstances, a shorter period would be appropriate; and

(c)the shorter period has been specified in the notification.

(7)A case is an urgent case if the failure to revoke or modify the grant will result in, or create an immediate risk of—

(a)a serious threat to the safety of the public, to public health or to national security; or

(b)serious economic or operational problems for persons, other than the person in contravention, who—

(i)use stations or apparatus for wireless telegraphy; or

(ii)are communications providers or make associated facilities available.

(8)For the purposes of this paragraph a contravention of a restriction or condition of a grant of recognised spectrum access is a repeated contravention, in relation to a proposal to revoke or modify the grant, if it falls within sub-paragraph (9).

(9)A contravention falls within this sub-paragraph if—

(a)a previous notification under sub-paragraph (1) has been given in respect of the same contravention or in respect of any other contravention of a restriction or condition of the same grant; and

(b)the subsequent notification under that sub-paragraph is given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of sub-paragraph (10) that the contravention to which the previous notification related did occur.

(10)Where OFCOM have given a notification under sub-paragraph (1), they shall, within the period of one month beginning with the end of the period for the making of representations about the proposal contained in that notification—

(a)decide whether or not to revoke or modify the grant of recognised spectrum access in accordance with their proposal, or in accordance with that proposal but with modifications; and

(b)give the holder of the grant a notification of their decision.

(11)The notification under sub-paragraph (10)—

(a)must be given no more than one week after the making of the decision to which it relates; and

(b)must, in accordance with that decision, either revoke or modify the grant or withdraw the proposal for revocation or modification.

(12)Nothing in this paragraph is to apply to—

(a)a revocation or modification to be made at the request or with the consent of the holder of the grant; or

(b)a revocation or modification that appears to OFCOM to be necessary or expedient for the purpose of securing compliance with an international obligation of the United Kingdom.

(13)The reference in sub-paragraph (9) to a contravention of a restriction or condition of a grant includes a reference to a contravention of a restriction or condition contained in any previous grant of which the grant in question is a direct or indirect renewal.

Restriction on powers of revocation and modificationE+W+S+N.I.

7(1)The conditions that OFCOM may include in a grant of recognised spectrum access include conditions restricting the exercise by them of their power to revoke or modify that grant.E+W+S+N.I.

(2)Those conditions include, in particular, conditions providing that the grant may not be revoked or modified except—

(a)with the consent of the holder of the grant; or

(b)in such other circumstances, and on such grounds, as may be specified in the conditions.

(3)The circumstances or grounds—

(a)may relate to matters relevant for the purposes of any enactment (whether relating to wireless telegraphy or not); and

(b)may, in particular, be made dependent on the exercise of a statutory discretion under any enactment.

(4)Nothing in any condition included in a grant of recognised spectrum access shall restrict the power of OFCOM to revoke or modify a grant of recognised spectrum access if it appears to OFCOM to be necessary or appropriate to do so—

(a)in the interests of national security;

(b)in the interests of the safety of the public or public health; or

(c)for the purpose of securing compliance with any international obligation of the United Kingdom.

InterpretationE+W+S+N.I.

8In this Schedule, “stations for wireless telegraphy” and “apparatus for wireless telegraphy” each has the same meaning as in the Wireless Telegraphy Act 1949 (c. 54).E+W+S+N.I.

Prospective

Section 180

SCHEDULE 6E+W+S+N.I.Fixed penalties for wireless telegraphy offences

Offences to which this Schedule appliesE+W+S+N.I.

1(1)This Schedule applies to an offence under the Wireless Telegraphy Act 1949 which—E+W+S+N.I.

(a)is a summary offence; and

(b)is committed after the coming into force of section 180.

(2)Such an offence is referred to in this Schedule as a “relevant offence”.

Fixed penalties and fixed penalty noticesE+W+S+N.I.

2(1)The fixed penalty for a relevant offence is such amount as may be prescribed in relation to that offence by regulations made by the Secretary of State.E+W+S+N.I.

(2)The amount prescribed by regulations under sub-paragraph (1) is not to be more than 25 per cent. of the maximum fine on summary conviction for the offence in question.

(3)In this Schedule “fixed penalty notice” means a notice offering the opportunity of the discharge of any liability to conviction of the offence to which the notice relates by payment of a fixed penalty in accordance with this Schedule.

Issuing of fixed penalty noticeE+W+S+N.I.

3(1)If OFCOM have reason to believe that a person has committed a relevant offence, they may send a fixed penalty notice to that person.E+W+S+N.I.

(2)If a procurator fiscal receives a report that a person has committed a relevant offence in Scotland, he also shall have power to send a fixed penalty notice to that person.

(3)If an authorised person has, on any occasion, reason to believe that a person—

(a)is committing a relevant offence, or

(b)has on that occasion committed a relevant offence,

he may hand that person a fixed penalty notice.

(4)In this paragraph “authorised person” means a person authorised by OFCOM, for the purposes of sub-paragraph (3), to issue fixed penalty notices on OFCOM’s behalf.

(5)References in this Schedule to the person by whom a fixed penalty notice is issued, in relation to a notice handed to a person in accordance with sub-paragraph (3), are references to OFCOM.

Content of fixed penalty noticeE+W+S+N.I.

4(1)A fixed penalty notice must—E+W+S+N.I.

(a)state the alleged offence;

(b)give such particulars of the circumstances alleged to constitute that offence as are necessary for giving reasonable information about it;

(c)state the fixed penalty for that offence;

(d)specify the relevant officer to whom the fixed penalty may be paid and the address at which it may be paid;

(e)state that proceedings against the person to whom it is issued cannot be commenced in respect of the offence until the end of the suspended enforcement period;

(f)state that such proceedings cannot be commenced if the penalty is paid within the suspended enforcement period;

(g)inform the person to whom it is issued of his right to ask to be tried for the alleged offence; and

(h)explain how that right may be exercised and the effect of exercising it.

(2)The suspended enforcement period for the purposes of this Schedule is—

(a)the period of one month beginning with the day after that on which the fixed penalty notice was issued; or

(b)such longer period as may be specified in the notice.

Withdrawal of fixed penalty noticeE+W+S+N.I.

5If it appears to a person who has issued a fixed penalty notice that it was wrongly issued—E+W+S+N.I.

(a)he may withdraw the notice by a further notice to the person to whom it was issued; and

(b)if he does so, the relevant officer must repay any amount paid in respect of the penalty.

Notification to person to whom payment is to be madeE+W+S+N.I.

6A person who issues or withdraws a fixed penalty notice shall send a copy of the notice or (as the case may be) of the notice of withdrawal to the relevant officer specified in the notice being issued or withdrawn.E+W+S+N.I.

Effect of fixed penalty noticeE+W+S+N.I.

7(1)This paragraph applies if a fixed penalty notice is issued to a person (“the alleged offender”).E+W+S+N.I.

(2)Proceedings for the offence to which the notice relates cannot be brought against the alleged offender until the person who issued the notice has been notified by the relevant officer specified in the notice that payment of the fixed penalty has not been made within the suspended enforcement period.

(3)If the alleged offender asks to be tried for the alleged offence—

(a)sub-paragraph (2) does not apply; and

(b)proceedings may be brought against him.

(4)Such a request must be made by a notice given by the alleged offender—

(a)in the manner specified in the fixed penalty notice; and

(b)before the end of the suspended enforcement period.

(5)A request which is made in accordance with sub-paragraph (3) is referred to in this Schedule as a “request to be tried”.

Payment of fixed penaltyE+W+S+N.I.

8(1)If the alleged offender decides to pay the fixed penalty, he must pay it to the relevant officer specified in the notice.E+W+S+N.I.

(2)Payment of the penalty may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise).

(3)Sub-paragraph (4) applies if a person—

(a)claims to have made payment by that method; and

(b)shows that his letter was posted.

(4)Unless the contrary is proved, payment is to be regarded as made at the time at which the letter would be delivered in the ordinary course of post.

(5)Sub-paragraph (2) is not to be read as preventing the payment of a penalty by other means.

(6)A letter is properly addressed for the purposes of sub-paragraph (2) if it is addressed in accordance with the requirements specified in the fixed penalty notice.

Effect of paymentE+W+S+N.I.

9If the fixed penalty specified in a fixed penalty notice is paid within the period specified in that notice, no proceedings for the offence to which that notice relates may be brought against the alleged offender.E+W+S+N.I.

Service of statement and proof of serviceE+W+N.I.

10(1)This paragraph applies to proceedings for a relevant offence.E+W+N.I.

(2)A certificate by OFCOM—

(a)that a copy of a statement by a person authorised by OFCOM was included in, or given with, a fixed penalty notice,

(b)that the notice was a notice with respect to the relevant offence, and

(c)that that notice was issued to the accused on a date specified in the certificate,

is evidence that a copy of the statement was served on the alleged offender by delivery to him on that date.

(3)The statement is to be treated as properly served for the purposes of—

(a)section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written statement), and

(b)section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28 (N.I.)) (which contains corresponding provision for Northern Ireland),

even though the manner of service is not authorised by subsection (8) of either of those sections.

(4)Sub-paragraphs (5) and (6) apply to any proceedings in which service of a statement is proved by a certificate under this paragraph.

(5)For the purposes of—

(a)section 9(2)(c) of the Criminal Justice Act 1967 (copy of statement to be tendered in evidence to be served before hearing on other parties to the proceedings by or on behalf of the party proposing to tender it), and

(b)section 1(2)(c) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (which contains corresponding provision for Northern Ireland),

service of the statement is to be taken to have been effected by or on behalf of the prosecutor.

(6)If the alleged offender makes a request to be tried—

(a)section 9(2)(d) of the Criminal Justice Act 1967 (time for objection), and

(b)section 1(2)(d) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (which contains corresponding provision for Northern Ireland),

are to apply with the substitution, for the reference to seven days from the service of the copy of the statement, of a reference to seven days beginning with the day after the one on which the request to be tried was made.

(7)This paragraph does not extend to Scotland.

Certificate about paymentE+W+S+N.I.

11In any proceedings, a certificate—E+W+S+N.I.

(a)that payment of a fixed penalty was, or was not, received by the relevant officer specified in the fixed penalty notice by a date specified in the certificate, or

(b)that a letter containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate,

shall, if the certificate purports to be signed by that officer, be evidence (and in Scotland sufficient evidence) of the facts stated.

RegulationsE+W+S+N.I.

12The Secretary of State may by regulations make provision as to any matter incidental to the operation of this Schedule, and in particular—E+W+S+N.I.

(a)for prescribing any information or further information to be provided in a notice, notification, certificate or receipt;

(b)for prescribing the duties of relevant officers and the information to be supplied to and by them.

InterpretationE+W+S+N.I.

13In this Schedule “relevant officer” means—E+W+S+N.I.

(a)in relation to England and Wales, the justices' chief executive;

(b)in relation to Scotland, the clerk of court; and

(c)in relation to Northern Ireland, the clerk of petty sessions.

Prospective

Section 182

SCHEDULE 7E+W+S+N.I.Seizure and forfeiture of apparatus

Application of ScheduleE+W+S+N.I.

1(1)This Schedule applies to restricted apparatus seized, after the coming into force of this Schedule—E+W+S+N.I.

(a)in pursuance of a warrant granted under section 15(1) of the Wireless Telegraphy Act 1949 (c. 54); or

(b)in the exercise of the power conferred by section 79(3) of the Telecommunications Act 1984 (c. 12).

(2)Apparatus is restricted apparatus for the purposes of this Schedule if custody or control of apparatus of any class or description to which it belongs is for the time being restricted by an order under section 7 of the Wireless Telegraphy Act 1967 (c. 72).

Notice of seizureE+W+S+N.I.

2(1)OFCOM must give notice of the seizure of the restricted apparatus to every person who, to their knowledge, was at the time of the seizure the owner or one of the owners of the apparatus.E+W+S+N.I.

(2)The notice must set out the grounds of the seizure.

(3)Where there is no proper address for the purposes of the service of a notice under sub-paragraph (1) in a manner authorised by section 394, the requirements of that sub-paragraph shall be satisfied by the publication of a notice of the seizure (according to the part of the United Kingdom where the seizure took place) in the London, Edinburgh or Belfast Gazette.

(4)Apparatus may be condemned or taken to have been condemned under this Schedule only if the requirements of this paragraph have been complied with in the case of that apparatus.

Notice of claimE+W+S+N.I.

3A person claiming that the restricted apparatus is not liable to forfeiture must give written notice of his claim to OFCOM.E+W+S+N.I.

4(1)A notice of claim must be given within one month after the day of the giving of the notice of seizure.E+W+S+N.I.

(2)A notice of claim must specify—

(a)the name and address of the claimant; and

(b)in the case of a claimant who is outside the United Kingdom, the name and address of a solicitor in the United Kingdom who is authorised to accept service of process and to act on behalf of the claimant.

(3)Service of process upon a solicitor so specified is to be taken to be proper service upon the claimant.

CondemnationE+W+S+N.I.

5The restricted apparatus is to be taken to have been duly condemned as forfeited if—E+W+S+N.I.

(a)by the end of the period for the giving of a notice of claim in respect of the apparatus, no such notice has been given to OFCOM; or

(b)a notice of claim is given which does not comply with the requirements of paragraphs 3 and 4.

6(1)Where a notice of claim in respect of the restricted apparatus is duly given in accordance with paragraphs 3 and 4, OFCOM may take proceedings for the condemnation of that apparatus by the court.E+W+S+N.I.

(2)In any such proceedings—

(a)if the court finds that the apparatus was liable to forfeiture at the time of seizure, it must condemn the apparatus as forfeited unless cause is shown why it should not; and

(b)if the court finds that the apparatus was not liable to forfeiture at that time, or cause is shown why it should not be forfeited, the court must order the return of the apparatus to the person appearing to the court to be entitled to it.

(3)If OFCOM decide not to take proceedings for condemnation in a case in which a notice of claim has been so given, they must return the apparatus to the person appearing to them to be the owner of the apparatus, or to one of the persons appearing to them to be the owners of it.

(4)Apparatus required to be returned in accordance with sub-paragraph (3) must be returned as soon as reasonably practicable after the decision not to take proceedings for condemnation.

(5)OFCOM’s decision whether to take such proceedings must be taken as soon as reasonably practicable after the receipt of the notice of claim.

7Where the restricted apparatus is condemned or taken to have been condemned as forfeited, the forfeiture is to have effect as from the time of the seizure.E+W+S+N.I.

Proceedings for condemnation by courtE+W+S+N.I.

8Proceedings for condemnation are civil proceedings and may be instituted—E+W+S+N.I.

(a)in England or Wales, either in the High Court or in a magistrates' court;

(b)in Scotland, either in the Court of Session or in the sheriff court;

(c)in Northern Ireland, either in the High Court or in a court of summary jurisdiction.

9Proceedings for the condemnation of restricted apparatus instituted in a magistrates' court in England or Wales, in the sheriff court in Scotland or in a court of summary jurisdiction in Northern Ireland may be so instituted—E+W+S+N.I.

(a)in any such court having jurisdiction in a place where an offence under section 7 of the Wireless Telegraphy Act 1967 (c. 72) involving that apparatus was committed;

(b)in any such court having jurisdiction in proceedings for such an offence;

(c)in any such court having jurisdiction in the place where the claimant resides or, if the claimant has specified a solicitor under paragraph 4, in the place where that solicitor has his office; or

(d)in any such court having jurisdiction in the place where that apparatus was seized or to which it was first brought after being seized.

10(1)In proceedings for condemnation that are instituted in England and Wales or Northern Ireland, the claimant or his solicitor must make his oath that the seized apparatus was, or was to the best of his knowledge and belief, the property of the claimant at the time of the seizure.E+W+S+N.I.

(2)In proceedings for condemnation instituted in the High Court—

(a)the court may require the claimant to give such security for the costs of the proceedings as may be determined by the court; and

(b)the claimant must comply with any such requirement.

(3)If a requirement of this paragraph is not complied with, the court shall give judgment for OFCOM.

11(1)In the case of proceedings for condemnation instituted in a magistrates' court in England or Wales, either party may appeal against the decision of that court to the Crown Court.E+W+S+N.I.

(2)In the case of proceedings for condemnation instituted in a court of summary jurisdiction in Northern Ireland, either party may appeal against the decision of that court to the county court.

(3)This paragraph does not affect any right to require the statement of a case for the opinion of the High Court.

12Where an appeal has been made (whether by case stated or otherwise) against the decision of the court in proceedings for the condemnation of restricted apparatus, that apparatus is to be left with OFCOM pending the final determination of the matter.E+W+S+N.I.

Disposal of unclaimed propertyE+W+S+N.I.

13(1)This paragraph applies where a requirement is imposed by or under this Schedule for apparatus to be returned to a person.E+W+S+N.I.

(2)If the apparatus is still in OFCOM’s possession after the end of the period of twelve months beginning with the day after the requirement to return it arose, OFCOM may dispose of it in any manner they think fit.

(3)OFCOM may exercise their power under this paragraph to dispose of apparatus only if it is not practicable at the time when the power is exercised to dispose of the apparatus by returning it immediately to the person to whom it is required to be returned.

Provisions as to proofE+W+S+N.I.

14In proceedings arising out of the seizure of restricted apparatus, the fact, form and manner of the seizure is to be taken, without further evidence and unless the contrary is shown, to have been as set forth in the process.E+W+S+N.I.

15In any proceedings, the condemnation by a court of restricted apparatus as forfeited may be proved by the production of either—E+W+S+N.I.

(a)the order or certificate of condemnation; or

(b)a certified copy of the order purporting to be signed by an officer of the court by which the order or certificate was made or granted.

Special provisions as to certain claimantsE+W+S+N.I.

16(1)This paragraph applies for the purposes of a claim to the restricted apparatus, and of proceedings for its condemnation.E+W+S+N.I.

(2)Where, at the time of the seizure, the apparatus is—

(a)the property of a body corporate,

(b)the property of two or more partners, or

(c)the property of more than five persons,

the oath required by paragraph 10 to be taken by the claimant, and any other thing required by this Schedule or by rules of court to be done by the owner of the apparatus, may be done by a person falling within sub-paragraph (3) or by a person authorised to act on his behalf.

(3)The persons falling within this sub-paragraph are—

(a)where the owner is a body corporate, the secretary or some duly authorised officer of that body;

(b)where the owners are in partnership, any one or more of the owners;

(c)where there are more than five owners and they are not in partnership, any two or more of the owners acting on behalf of themselves and any of their co-owners who are not acting on their own behalf.

Saving for owner’s rightsE+W+S+N.I.

17Neither the imposition of a requirement by or under this Schedule to return apparatus to a person nor the return of apparatus to a person in accordance with such a requirement affects—E+W+S+N.I.

(a)the rights in relation to that apparatus of any other person; or

(b)the right of any other person to enforce his rights against the person to whom it is returned.

Section 192

SCHEDULE 8E+W+S+N.I.Decisions not subject to appeal

Prosecutions and civil proceedingsE+W+S+N.I.

1A decision to institute, bring or carry on any criminal or civil proceedings.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 8 para. 1 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

2A decision (other than one under section 119) to take preliminary steps for the purpose of enabling any such proceedings to be instituted.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Sch. 8 para. 2 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

This ActE+W+S+N.I.

3A decision relating to the making or revision of a statement under section 38.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23Sch. 8 para. 3 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

4A decision required to be published in a notification under section 44(4).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Sch. 8 para. 4 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

5A decision given effect to by an order under section 55.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Sch. 8 para. 5 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

6A decision given effect to by regulations under section 66.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Sch. 8 para. 6 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

7A decision given effect to by regulations under section 71.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 8 para. 7 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

8A decision required to be published in a notification under section 108(4).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 8 para. 8 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

9A decision given effect to by an order under section 122.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Sch. 8 para. 9 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

10A decision relating to the making or revision of a statement under section 131.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 8 para. 10 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

11A decision given effect to by an order under section 134(6).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31Sch. 8 para. 11 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

12A decision relating to the making or revision of a statement under section 145.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 8 para. 12 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

13A decision relating to the publication of the United Kingdom Plan for Frequency Authorisation.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 8 para. 13 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

14A decision in exercise of the functions conferred on OFCOM by section 152 as to—E+W+S+N.I.

(a)the services, records and advice to be provided, maintained or given by them;

(b)the research to be carried out or the arrangements made for carrying it out; or

(c)the making or terms of any grant.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 8 para. 14 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

15A decision under section 155.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 8 para. 15 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

16A decision under section 158.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Sch. 8 para. 16 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

17A decision given effect to by regulations under section 159.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 8 para. 17 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

18A decision given effect to by regulations under section 162.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38Sch. 8 para. 18 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

19A decision given effect to by an order under section 164.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Sch. 8 para. 19 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

20A decision given effect to by regulations under section 168.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40Sch. 8 para. 20 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

21A decision given effect to by regulations under section 170 and any decision under any such regulations.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I41Sch. 8 para. 21 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

22A decision to impose a penalty under section 175(1).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 8 para. 22 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

23A decision relating to the making or revision of a statement under section 177.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 8 para. 23 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

24A decision given effect to by regulations under paragraph 1 of Schedule 5.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Sch. 8 para. 24 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

25A decision under any provision of Schedule 6.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I45Sch. 8 para. 25 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

26A decision under any provision of Schedule 7.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 8 para. 26 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Wireless Telegraphy Act 1949E+W+S+N.I.

27A decision given effect to by regulations under the proviso to section 1(1) of the Wireless Telegraphy Act 1949 (c. 54).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I47Sch. 8 para. 27 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

28A decision given effect to by regulations under section 1D(3) of that Act.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I48Sch. 8 para. 28 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

29A decision given effect to by regulations under section 3 of that Act.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I49Sch. 8 para. 29 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

30A decision given effect to by regulations under section 10 of that Act.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I50Sch. 8 para. 30 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

31A decision relating to the making or revision of a statement under section 13B of that Act.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51Sch. 8 para. 31 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

32A decision for the purposes of section 15 of that Act.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 8 para. 32 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Wireless Telegraphy Act 1998E+W+S+N.I.

33A decision given effect to by regulations under section 1 of the Wireless Telegraphy Act 1998 (c. 6).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 8 para. 33 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

34A decision given effect to by regulations under section 3 of that Act.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 8 para. 34 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

35A decision given effect to by regulations under section 3A of that Act.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 8 para. 35 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

36A decision relating to the recovery of a sum payable to OFCOM under section 4A of that Act.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 8 para. 36 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Prospective

Section 199

SCHEDULE 9E+W+S+N.I.Arrangements about carrying on of C4C’s activities

Notification of requirement to submit proposalsE+W+S+N.I.

1(1)It shall be the duty of OFCOM to give a notification under this paragraph to C4C—E+W+S+N.I.

(a)as soon as practicable after the commencement of this Schedule, and

(b)as soon as practicable in the last twelve months preceding each date on which the replacement licence granted in accordance with section 231 would expire if not renewed.

(2)A notification under this paragraph is one requiring C4C to submit proposals to OFCOM in accordance with this Schedule for the relevant licence period.

(3)A notification under this paragraph must specify the period within which C4C must submit their proposals.

(4)The period specified under sub-paragraph (3) must be a period ending not less than three months after the day of the giving of the notification.

Submission of proposed arrangementsE+W+S+N.I.

2(1)This paragraph applies where C4C have received a notification under paragraph 1.E+W+S+N.I.

(2)C4C must, within the period set out in the notification, submit proposals to OFCOM for the arrangements under which they are proposing to secure, so far as reasonably practicable, that all significant risks that their other activities will have an adverse effect on the carrying out, during the relevant licence period, of their primary functions are—

(a)identified;

(b)evaluated; and

(c)properly managed.

(3)The proposals must include proposals for the arrangements that C4C consider appropriate for securing the transparency objectives during the relevant licence period.

(4)For the purposes of this Schedule the transparency objectives are—

(a)an appropriate financial and organisational separation between the activities of C4C that relate to the carrying out of their primary functions and their other activities; and

(b)an appropriate degree of transparency in financial and other reporting where resources are shared between separated activities or where there is some other financial or practical connection between otherwise separated activities.

(5)The matters to which the proposals submitted under this paragraph may relate include, in particular, the procedures and other practices to be followed by C4C in the case of—

(a)the initiation and management of new ventures;

(b)the exercise of particular powers;

(c)the assessment of risks;

(d)the imposition of charges; and

(e)the keeping of records.

(6)The determination of what is appropriate for the purposes of sub-paragraphs (3) and (4) is not to be confined to a determination of what is appropriate for securing the matters mentioned in sub-paragraph (2).

(7)The arrangements proposed by C4C must contain provision for compliance with the arrangements to be checked regularly by a person appointed in accordance with that provision.

(8)That person must be a person other than the person for the time being holding an appointment for the purposes of paragraph 12(2) of Schedule 3 to the 1990 Act (C4C’s auditor).

Consideration and approval of proposalsE+W+S+N.I.

3(1)OFCOM must consider every proposal or revised proposal submitted to them by C4C under paragraph 2 or this paragraph and may do one of the following—E+W+S+N.I.

(a)approve the proposed arrangements;

(b)approve them with such modifications as they may notify to C4C;

(c)require C4C to submit revised proposals in accordance with directions given by OFCOM.

(2)Before—

(a)making modifications of proposed arrangements for the purpose of approving them, or

(b)requiring the submission of revised proposals,

OFCOM must consult C4C.

Duration of approval and modification of arrangementsE+W+S+N.I.

4(1)Arrangements approved under this Schedule are to remain in force (subject to the following provisions of this paragraph) throughout the licence period to which they relate.E+W+S+N.I.

(2)The arrangements for the time being approved under this Schedule for any licence period may be modified, by agreement between OFCOM and C4C, at any time during the licence period for which they apply.

(3)OFCOM may carry out a review of the arrangements for the time being approved under this Schedule.

(4)The reviews that may be carried out under this paragraph in any one licence period are confined to either—

(a)one review relating to all the arrangements; or

(b)two reviews carried out at separate times as follows—

(i)one (whether the first or second) relating to the arrangements for securing the transparency objectives; and

(ii)the other relating to other matters.

(5)On a review under this paragraph, OFCOM may require C4C to submit proposals for modifying the arrangements for the time being approved under this Schedule so far as they relate to the matters under review.

(6)Paragraph 3 applies where proposals are submitted to OFCOM under sub-paragraph (5) as it applies where they are submitted under paragraph 2.

Publication of approved arrangementsE+W+S+N.I.

5(1)OFCOM must publish all arrangements approved by them under this Schedule.E+W+S+N.I.

(2)The publication of anything under this paragraph must be in such manner as OFCOM consider appropriate for bringing it to the attention of members of the public.

Duty of C4C to act in accordance with the approved arrangementsE+W+S+N.I.

6It shall be the duty of C4C to act in accordance with the arrangements for the time being in force under this Schedule.E+W+S+N.I.

nforcement of dutiesE+W+S+N.I.

7(1)This paragraph applies to—E+W+S+N.I.

(a)every duty of C4C under this Schedule to submit proposals to OFCOM; and

(b)the duty imposed on C4C by paragraph 6.

(2)Each of those duties shall be enforceable in civil proceedings by OFCOM—

(a)for an injunction;

(b)for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

(c)for any other appropriate remedy or relief.

Penalty for contravention of the arrangementsE+W+S+N.I.

8(1)OFCOM may impose a penalty on C4C if C4C have contravened—E+W+S+N.I.

(a)a requirement of this Schedule to submit proposals to OFCOM;

(b)a requirement of arrangements for the time being approved under this Schedule.

(2)The amount of the penalty must not exceed 3 per cent. of C4C’s qualifying revenue for their last complete accounting period before the contravention.

(3)Before imposing a penalty on C4C under this paragraph OFCOM must give C4C a reasonable opportunity of making representations to OFCOM about their proposal to impose the penalty.

(4)Where OFCOM impose a penalty on C4C under this paragraph, they shall—

(a)notify C4C; and

(b)in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

(5)In the case of a continuing contravention—

(a)separate penalties may be imposed in respect of different periods during which the contravention continues;

(b)the notification of the penalty must specify the period in respect of which the penalty is imposed; and

(c)the reference in sub-paragraph (2) to the last complete accounting period before the contravention is a reference to the last complete accounting period before the end of the period in respect of which the penalty is imposed.

(6)A penalty imposed under this paragraph must be paid to OFCOM within the period fixed by them.

(7)Section 19(2) to (6) of the 1990 Act and Part 1 of Schedule 7 to that Act (calculation of qualifying revenue), with any necessary modifications, have effect in relation to C4C for the purposes of this paragraph as they have effect in relation to the holder of a Channel 3 licence for the purposes of Part 1 of that Act.

OFCOM’s duty to take account of need to support C4C’s primary functionsE+W+S+N.I.

9In exercising their powers under this Schedule OFCOM must have regard, in particular, to the need to secure, so far as practicable, that all significant risks that C4C’s other activities will have an adverse effect on the carrying out of their primary functions are—E+W+S+N.I.

(a)identified;

(b)evaluated; and

(c)properly managed.

Interpretation of ScheduleE+W+S+N.I.

10In this Schedule—E+W+S+N.I.

  • arrangements” means arrangements about the procedures and other practices to be followed by C4C and about other matters connected with the carrying on by them of any of their activities;

  • licence period” means—

    (a)

    the period for which the replacement licence is granted to C4C in accordance with section 231; or

    (b)

    any subsequent period for which it is renewed;

  • primary functions” is to be construed in accordance with section 199(2);

  • “relevant licence period”—

    (a)

    in relation to the first notification to be given under paragraph 1, the licence period mentioned in paragraph (a) of the definition of that period; and

    (b)

    in relation to any other such notification, the first licence period to begin after the giving of the notification;

  • transparency objectives” is to be construed in accordance with paragraph 2(4).

Prospective

Section 219

SCHEDULE 10E+W+S+N.I.Licensing the public teletext service

Part 1 E+W+S+N.I.Applications for and award of licence

Notice of proposal to grant licenceE+W+S+N.I.

1(1)Where OFCOM propose to grant a licence to provide the public teletext service they must publish a notice stating that they are proposing to do so.E+W+S+N.I.

(2)The notice must—

(a)specify the digital capacity which is available for the public teletext service on television multiplex services;

(b)specify whether the licence will require the public teletext service to comprise a service to be provided for broadcasting in analogue form;

(c)invite applications for the licence;

(d)specify the closing date for applications;

(e)specify the fee payable on the making of an application for the licence; and

(f)specify the percentage of qualifying revenue for each accounting period of the licence holder which OFCOM have determined to be the percentage of that revenue that will have to be paid to them.

(3)Where the licence is to comprise an analogue teletext service the notice must specify—

(a)the television broadcasting service or services on whose frequency or frequencies the services are to be provided; and

(b)the extent and nature of the spare capacity which is to be allocated by the licence.

(4)For the purposes of sub-paragraph (2)(f)—

(a)different percentages may be determined and specified for different accounting periods; and

(b)the percentages that may be determined and specified for an accounting period include a nil percentage.

(5)A notice under this paragraph is to be published in such manner as OFCOM consider appropriate.

Guidance as to applicationsE+W+S+N.I.

2(1)When publishing a notice under paragraph 1, OFCOM must publish with it some general guidance to applicants about what is likely to make proposals relating to the matters mentioned in paragraph 3(1)(c) to (e) acceptable to them.E+W+S+N.I.

(2)Guidance published under this paragraph must include examples.

Applications for the licenceE+W+S+N.I.

3(1)An application made in response to a notice under paragraph 1 must be accompanied by—E+W+S+N.I.

(a)the fee specified in the notice as payable on the making of the application;

(b)a technical plan complying with sub-paragraph (2);

(c)the applicant’s proposals for providing, or securing the provision of, a service that fulfils the public service remit for the public teletext service;

(d)the applicant’s proposals for including news items in the service and for securing that the news items included in the service are up to date and regularly revised;

(e)the applicant’s proposals for the inclusion in the service of material that is of particular interest to persons living in different parts of the United Kingdom;

(f)the applicant’s cash bid in respect of the licence; and

(g)such information as OFCOM may reasonably require about the matters mentioned in sub-paragraph (3).

(2)The technical plan must indicate—

(a)the nature of the public teletext service which the applicant is proposing to provide; and

(b)the nature of any services the provision of which, in accordance with proposals made by another person, would be secured by the applicant in accordance with provision made under section 220.

(3)The matters about which OFCOM may require information under sub-paragraph (1)(g) are—

(a)the applicant’s present financial position; and

(b)his projected financial position during the period for which the licence would be in force.

(4)At any time after receiving an application under this Schedule and before disposing of it, OFCOM may require the applicant to furnish additional information about any one or more of the following—

(a)the matters that must be indicated in the technical plan;

(b)the applicant’s proposals with respect to the matters mentioned in sub-paragraph (1)(c) to (e); and

(c)the matters mentioned in sub-paragraph (3).

(5)Any information to be furnished to OFCOM under this paragraph must be in such form, and must be verified, in such manner as they may require.

Notice inviting public representationsE+W+S+N.I.

4(1)As soon as reasonably practicable after the date specified in a notice under paragraph 1 as the closing date for applications, OFCOM must publish—E+W+S+N.I.

(a)the name of every person who has made an application to them in response to their notice;

(b)particulars of the technical plan submitted by each applicant;

(c)the proposals submitted by each applicant with respect to the matters mentioned in paragraph 3(1)(c) to (e);

(d)such other information connected with each application as OFCOM consider appropriate; and

(e)a notice under sub-paragraph (2).

(2)The notice required by this paragraph is one that—

(a)invites representations to be made to OFCOM with respect to the other matters published under this paragraph; and

(b)specifies the manner in which, and the time by which, such representations have to be made.

(3)Publication of any information or notice under this paragraph is to be in such manner as OFCOM consider appropriate.

Determination of applicationsE+W+S+N.I.

5(1)This paragraph applies where, in response to a notice under paragraph 1, a person has made an application for a licence to provide the public teletext service.E+W+S+N.I.

(2)OFCOM must not proceed to consider whether to award the applicant the licence in accordance with the following provisions of this paragraph unless it appears to them—

(a)that the applicant’s technical plan, in so far as it involves the use of an electronic communications network, contains proposals that are acceptable to them;

(b)that the applicant’s proposals with respect to the matters mentioned in paragraph 3(1)(c) to (e) are acceptable to them; and

(c)that the services proposed to be provided under the licence would be capable of being maintained throughout the period for which the licence would be in force.

(3)In determining whether it appears to them as mentioned in sub-paragraph (2), OFCOM must take account of any representations made to them in response to the invitation published under paragraph 4.

(4)Sections 17 and 17A of the 1990 Act (award of licence to highest cash bidder and financial conditions) apply in relation to a licence to provide the public teletext service as they apply in relation to a Channel 3 licence, but with the modifications set out in sub-paragraphs (5) and (6).

(5)In the application of section 17 of the 1990 Act in accordance with sub-paragraph (4)—

(a)any reference to an applicant is to be construed as a reference to an applicant in whose case it appears to OFCOM as mentioned in sub-paragraph (2);

(b)the provisions of subsection (4) down to the end of paragraph (b) are to be omitted;

(c)in subsection (7)(a), the reference to section 19(1) of the 1990 Act is to be construed as a reference to paragraph 7 of this Schedule;

(d)subsection (12) shall have effect with the substitution of the following paragraph for paragraph (b)—

(b)the name of every other applicant in whose case it appeared to OFCOM as mentioned in paragraph 5(2) of Schedule 10 to the Communications Act 2003;

(e)in subsection (14), the references to a notice under section 15(1) of the 1990 Act and a notice under Part 1 of that Act shall each have effect as a reference to a notice under paragraph 1 of this Schedule.

(6)In the application of section 17A of the 1990 Act in accordance with sub-paragraph (4)—

(a)the reference in subsection (1)(b) to section 15(3)(g) of the 1990 Act shall have effect as a reference to paragraph 3(1)(g) of this Schedule; and

(b)the reference in subsection (3) to a notice under section 15(1) of the 1990 Act shall have effect as a reference to a notice under paragraph 1 of this Schedule.

Revocation of awardE+W+S+N.I.

6(1)This paragraph applies if, at any time after a licence to provide the public teletext service has been awarded to a person, but before it has come into force—E+W+S+N.I.

(a)that person indicates to OFCOM that he does not intend to provide, or secure the provision of, the licensed service; or

(b)OFCOM have, for any other reason, reasonable grounds for believing that the licensed service will not be provided once the licence has come into force.

(2)OFCOM must revoke the licence by serving a notice of revocation on the person to whom it was awarded.

(3)OFCOM may then award the licence again in accordance with section 17 of the 1990 Act (as applied by paragraph 5 of this Schedule) as if the person whose licence is revoked had not made an application.

(4)Sub-paragraph (3) has effect subject to subsection (14) of section 17 of the 1990 Act (as so applied) (re-publication of invitation to make applications) as if the reference in that subsection to the following provisions of Part 1 of that Act included a reference to that sub-paragraph.

(5)Before acting under sub-paragraphs (2) and (3) in a case falling within sub-paragraph (1)(b), OFCOM must serve a notice on the person awarded the licence stating their grounds for believing that the licensed service will not be provided once the licence has come into force.

(6)Where such a notice is required to be given, OFCOM must not revoke the licence unless they have given the person to whom it was awarded a reasonable opportunity of making representations to them about the matters by reference to which they are proposing to revoke it.

(7)In the case of a licence to provide a service that must comprise both—

(a)an analogue teletext service, and

(b)a teletext service provided in digital form,

the references in sub-paragraphs (1) and (5) to the licensed service are references to one or both of those services.

Part 2 E+W+S+N.I.Conditions and enforcement of licence

Payments to be made in respect of the public teletext serviceE+W+S+N.I.

7(1)A licence to provide the public teletext service must include conditions requiring the licence holder to pay the following amounts to OFCOM (in addition to any fees required to be so paid by virtue of section 4(1)(b) of the 1990 Act)—E+W+S+N.I.

(a)a specified amount in respect of the first complete calendar year falling within the licence period;

(b)in respect of each subsequent year falling wholly or partly within the licence period, that amount increased by the appropriate percentage;

(c)in respect of each accounting period of his falling within the licence period, an amount representing a specified percentage of qualifying revenue for that accounting period.

(2)The amount specified for the purposes of sub-paragraph (1)(a) must be—

(a)in the case of the replacement licence under section 221, the amount proposed in accordance with subsection (5)(a) of that section;

(b)in the case of a licence renewed under section 222, the amount determined under section 223(1)(a); and

(c)in any other case, the amount specified in the licence holder’s cash bid.

(3)The percentage specified for the purposes of sub-paragraph (1)(c) in respect of an accounting period must be—

(a)in the case of the replacement licence under section 221, nil;

(b)in the case of a licence renewed under section 222, the percentage determined under section 223(1)(b); and

(c)in any other case, the percentage determined and specified for the purposes of paragraph 1(2)(f) of this Schedule.

(4)A licence to provide the public teletext service may also include conditions—

(a)enabling OFCOM to estimate before the beginning of an accounting period the amount due for that period by virtue of any condition imposed under this paragraph; and

(b)requiring the licence holder to pay the estimated amount by monthly instalments throughout that period.

(5)Such a licence may, in particular, include conditions—

(a)authorising OFCOM to revise an estimate on one or more occasions;

(b)requiring them to alter the amounts of the instalments payable by the licence holder to take account of the revised estimate;

(c)providing for the adjustment of an overpayment or underpayment.

(6)This paragraph has effect subject to sections 225 and 226 and to the requirement in section 221(5)(b).

(7)In this paragraph “the appropriate percentage” has the same meaning as in section 19 of the 1990 Act.

Corrections and statements of findings by the public teletext providerE+W+S+N.I.

8(1)Section 40 of the 1990 Act (power to direct correction or a statement of findings) shall have effect in relation to the public teletext service as it has effect in relation to a Channel 3 service but as if the references in subsection (4) to a programme were references to an item.E+W+S+N.I.

(2)OFCOM’s powers by virtue of this paragraph in relation to any matter are not affected by any prior exercise by them in relation to that matter of their powers under either or both of paragraphs 9 and 10.

Enforcement of the licence for the public teletext serviceE+W+S+N.I.

9(1)If OFCOM are satisfied that the holder of the licence to provide the public teletext service has—E+W+S+N.I.

(a)contravened a condition of the licence, or

(b)failed to comply with a direction given to him by OFCOM under or by virtue of a provision of the 1990 Act, the 1996 Act or Part 3 of this Act,

they may serve on him a notice requiring him to pay a specified financial penalty to them.

(2)The maximum amount which a person may be required to pay by way of a penalty under this paragraph is 5 per cent. of the qualifying revenue for his last complete accounting period.

(3)Where an accounting period by reference to which the maximum amount of a penalty falls to be calculated has not ended when the penalty is imposed, the amount taken into account in respect of that period is to be the amount estimated by OFCOM.

(4)OFCOM are not to serve a notice under this paragraph on any person unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(5)A notice requiring a person to pay a penalty under this paragraph must specify the period within which it is to be paid.

Power to shorten licence periodE+W+S+N.I.

10(1)If OFCOM are satisfied that the holder of the licence to provide the public teletext service has—E+W+S+N.I.

(a)contravened a condition of the licence, or

(b)failed to comply with a direction given to him by OFCOM under or by virtue of any provision of the 1990 Act, the 1996 Act or Part 3 of this Act,

they may serve on him a notice reducing the period for which the licence is to be in force by a specified period not exceeding two years.

(2)OFCOM are not to serve a notice under this paragraph on any person unless they have given him a reasonable opportunity of making representations to them about the matters in respect of which it is served.

(3)Where a licence is due to expire on a particular date by virtue of a notice served on a person under this paragraph, OFCOM may, on the application of that person, revoke that notice by a further notice served on him at any time before that date.

(4)OFCOM may exercise their power under sub-paragraph (3) only if they are satisfied that, since the date of the earlier notice, the conduct of the licence holder in relation to the operation of the licensed service has been such as to justify the revocation of that notice.

Revocation for contravention of condition or directionE+W+S+N.I.

11Section 42 of the 1990 Act (revocation for contravention) shall apply in relation to the licence to provide the public teletext service as it applies in relation to a licence to provide a Channel 3 service.E+W+S+N.I.

Penalty on revocationE+W+S+N.I.

12(1)Where OFCOM revoke the licence to provide the public teletext service (whether under paragraph 6 or a provision of the 1990 Act or 1996 Act), they must serve on the licence holder a notice requiring him to pay a specified financial penalty to them.E+W+S+N.I.

(2)The maximum amount which a person may be required to pay by way of a penalty under this paragraph is the maximum given by sub-paragraphs (3) and (4).

(3)In a case where the licence is revoked under paragraph 6 or the penalty is imposed before the end of the first complete accounting period of the licence holder to begin in the licence period, the maximum penalty is whichever is the greater of—

(a)£500,000; and

(b)7 per cent. of the amount which OFCOM estimate would have been the qualifying revenue for the first complete accounting period of the licence holder falling within the period for which the licence would have been in force.

(4)In any other case, the maximum penalty is whichever is the greater of—

(a)£500,000; and

(b)7 per cent. of the qualifying revenue for the last complete accounting period of the licence holder falling within the licence period.

(5)A notice requiring a person to pay a penalty under this paragraph must specify the period within which it is to be paid.

(6)A financial penalty that must be paid by virtue of this paragraph by a body of any description shall also be recoverable—

(a)as a debt due to OFCOM from the person who controls the body; or

(b)if two or more persons control it, as a debt due jointly and severally from them all.

(7)Sub-paragraph (6) is in addition to the provision for the recovery of penalties contained in section 346, but the amount recovered in respect of any one penalty must not exceed the full amount of that penalty.

(8)References in this paragraph to a person controlling a body are references to his controlling it within the meaning of Schedule 2 to the 1990 Act.

Power to modify penalties in paragraph 12E+W+S+N.I.

13(1)The Secretary of State may by order substitute a different sum for the sum for the time being specified in paragraph 12(3)(a) or (4)(a).E+W+S+N.I.

(2)No order is to be made containing provision authorised by this paragraph unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Part 3 E+W+S+N.I.Interpretation of Schedule

14In this Schedule “licence period”, in relation to a licence, means the period for which the licence is in force.E+W+S+N.I.

15(1)For the purposes of this Schedule the qualifying revenue for an accounting period of the holder of a licence to provide the public teletext service consists of the aggregate of all the following amounts—E+W+S+N.I.

(a)the amounts received or to be received by a person mentioned in sub-paragraph (2) in consideration of the inclusion in the licensed service in that period of advertisements or other items; and

(b)the amounts received or to be received by such a person in respect of the provision of the service from—

(i)a person authorised by the licence holder to provide the whole or a part of the licensed service; or

(ii)a person who is a connected person in relation to a person so authorised.

(2)Those persons are—

(a)the licence holder; or

(b)a person who is a connected person in relation to the licence holder without being a person authorised by the licence holder to provide the whole or a part of the licensed service.

(3)Part 1 of Schedule 7 to the 1990 Act applies for determining qualifying revenue for the purposes of this Schedule as it applies for the purposes of Part 1 of that Act.

(4)Where, in the case of the licence to provide the public teletext service—

(a)the first complete accounting period of the licence holder to fall within the licence period does not begin at the same time as the licence period, or

(b)the last complete accounting period of his to fall within the licence period does not end at the same time as the licence period,

references in this Schedule to an accounting period of the licence holder include references to such part of the accounting period preceding the first complete accounting period, or (as the case may be) following the last complete accounting period, as falls within the licence period.

(5)In this paragraph “connected person” has the same meaning as in Schedule 2 to the 1990 Act.

Prospective

Sections 291 and 294

SCHEDULE 11E+W+S+N.I.Approval, imposition and modification of networking arrangements

Application of ScheduleE+W+S+N.I.

1(1)This Schedule applies where OFCOM’s approval of networking arrangements entered into by the holders of regional Channel 3 licences is required—E+W+S+N.I.

(a)for the purposes of conditions included in regional Channel 3 licences in accordance with section 291; or

(b)in order for networking arrangements made by OFCOM to cease to have effect in accordance with section 292.

(2)This Schedule also has effect as respects—

(a)the imposition by OFCOM under section 292 of networking arrangements;

(b)the modification of such arrangements following a review under section 293; and

(c)the making of proposals for modifications of networking arrangements following such a review.

Approval required for modificationsE+W+S+N.I.

2(1)Where networking arrangements are approved by OFCOM for purposes mentioned in paragraph 1(1), those arrangements are not to be modified unless OFCOM have approved the modifications in accordance with this Schedule.E+W+S+N.I.

(2)This paragraph does not apply to modifications proposed by OFCOM under section 293.

Procedure for giving approvalE+W+S+N.I.

3(1)This paragraph applies where arrangements or modifications are submitted to OFCOM for their approval.E+W+S+N.I.

(2)OFCOM must publish a description of the arrangements or modifications that have been submitted.

(3)The publication must be in such manner as OFCOM consider appropriate for bringing the matters published to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the arrangements or modifications.

(4)After allowing a reasonable time after the publication for the making of representations, OFCOM must consider the arrangements or modifications and decide whether or not to approve them.

Decision of OFCOM whether or not to approve arrangements or modificationsE+W+S+N.I.

4(1)The decision made by OFCOM under paragraph 3(4) has to be one of the following—E+W+S+N.I.

(a)a decision to approve the arrangements or modifications unconditionally;

(b)a decision to give a conditional approval to the arrangements or modifications;

(c)a decision to refuse approval.

(2)A conditional approval is one that has effect only if effect is given, in relation to the proposed arrangements or modifications, to changes proposed by OFCOM.

(3)Before deciding to give a conditional approval, OFCOM must consult every holder of a regional Channel 3 licence about the changes they are proposing.

(4)When OFCOM have made their decision, they must prepare a report setting out—

(a)their decision; and

(b)their reasons for that decision.

(5)OFCOM must publish the report and send a copy of it to—

(a)the Office of Fair Trading; and

(b)every person to whom the relevant arrangements will apply, or do apply.

(6)The relevant arrangements are—

(a)the arrangements for which approval has been sought; or

(b)the arrangements which are the subject of the modifications for which approval has been sought.

Notification of decisions on imposition of arrangementsE+W+S+N.I.

5(1)Where OFCOM impose arrangements they must prepare and publish a report setting out details of the imposed arrangements.E+W+S+N.I.

(2)Where OFCOM carry out a review under section 293, they must prepare and publish a report setting out—

(a)their conclusions on the review;

(b)their reasons for those conclusions; and

(c)the modifications (if any) that they are proposing, or intend to make, following the review.

(3)OFCOM must send a copy of a report prepared under this paragraph to—

(a)the Office of Fair Trading; and

(b)every person to whom the relevant arrangements will apply or do apply.

(4)The relevant arrangements are—

(a)the arrangements which are imposed; or

(b)the arrangements which are the subject of the modifications proposed by OFCOM or to be made by them.

Competition tests applying to OFCOM’s decisionsE+W+S+N.I.

6(1)OFCOM must not—E+W+S+N.I.

(a)approve arrangements or modifications,

(b)impose arrangements or modify imposed arrangements, or

(c)propose modifications following a review under section 293,

unless they are satisfied that the arrangements, or the arrangements as proposed to be modified, satisfy the first or second competition test.

(2)Before making a decision about whether a competition test is satisfied OFCOM must consult the Office of Fair Trading.

(3)Arrangements satisfy the first competition test if they do not have as their object or effect the prevention, restriction or distortion of competition within the United Kingdom.

(4)Arrangements satisfy the second competition test if—

(a)they do have such an object or effect; but

(b)they would satisfy the criteria set out in section 9 of the Competition Act 1998 (c. 41) (agreements contributing to improving the production or distribution of goods or to promoting technical or economic progress).

(5)For the purposes of the second competition test, arrangements imposed by OFCOM and modifications of such arrangements are to be treated as if they were given effect to by an agreement between undertakings.

(6)In determining whether arrangements or modified arrangements would satisfy either of the competition tests, OFCOM must act with a view to securing that there is no inconsistency between—

(a)the principles they apply and the decision they reach; and

(b)any principles or decisions referred to in sub-paragraph (7).

(7)Those principles and decisions are—

(a)the principles laid down by the Treaty establishing the European Community and the European Court, and any decisions of that Court, that are relevant to the construction of Article 81 of that Treaty; and

(b)any decisions under Part 1 of the Competition Act 1998, and any decisions of a court in the United Kingdom, that are relevant to the construction of a provision of that Act that is equivalent to the provisions of this Schedule imposing the competition tests.

(8)In the case of a conditional approval, the requirements of this paragraph have to be satisfied in relation to the arrangements or modified arrangements as they will be after giving effect to the changes proposed by OFCOM.

(9)In this paragraph, the “European Court” includes a court attached to the European Court.

Other matters to be taken into accountE+W+S+N.I.

7(1)OFCOM must not—E+W+S+N.I.

(a)approve arrangements or modifications,

(b)impose arrangements or modify imposed arrangements, or

(c)propose modif