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Communications Act 2003

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This is the original version (as it was originally enacted).

50Delivery of copies of notifications etc.
This section has no associated Explanatory Notes

(1)The relevant person must send to the Secretary of State—

(a)a copy of every notification published under section 48(1) or (2);

(b)a copy of every notification published under section 49(4);

(c)a copy of every direction, approval or consent given for the purpose of giving effect to a proposal required to be published under section 49(4); and

(d)a copy of every instrument modifying or withdrawing a direction, approval or consent for the purpose of giving effect to such a proposal.

(2)The relevant person must send to the European Commission—

(a)a copy of every notification published under section 48(1) with respect to an SMP services condition;

(b)a copy of every direction, approval or consent given for the purposes of such a condition; and

(c)a copy of every instrument modifying or withdrawing such a direction, approval or consent.

(3)OFCOM must send to the European Commission and to the regulatory authorities of every other member State a copy of every notification published by them under section 48(2) with respect to a proposal which—

(a)relates to the setting, modification or revocation of an access-related condition falling within section 73(2) or (4) or of an SMP services condition; and

(b)is a proposal which, in OFCOM’s opinion, would affect trade between member States.

(4)OFCOM must send to the European Commission and to the regulatory authorities of every other member State a copy of every notification published by them under section 49(4) with respect to a proposal which—

(a)relates to the giving of a direction, approval or consent for the purposes of—

(i)an access-related condition falling within section 73(2) or (4), or

(ii)an SMP services condition,

or to the modification or withdrawal of such a direction, approval or consent; and

(b)is a proposal which, in OFCOM’s opinion, would affect trade between member States.

(5)Where it is a person other than OFCOM who is the relevant person who is required to publish a notification under section 49(4) relating to the giving, modification or withdrawal of a direction, approval or consent given for purposes mentioned in subsection (4)(a) of this section—

(a)that person must refer to OFCOM the question whether, in their opinion, the proposal would affect trade between member States;

(b)OFCOM must immediately determine that question on that reference; and

(c)the relevant person must send a copy of the notification to the European Commission and to the regulatory authorities of every other member State if OFCOM determine that the proposal is one which, in their opinion, would affect trade between member States.

(6)The relevant person must, in every other case in which it appears to him appropriate to do so, send a copy of—

(a)every notification published under section 48(1) or (2) or 49(4),

(b)every direction, approval or consent given for the purposes of a condition set under section 45, and

(c)every instrument modifying or withdrawing such a direction, approval or consent,

to the European Commission and to such of the regulatory authorities of the other member States as the relevant person thinks fit.

(7)Subsection (6) does not apply where—

(a)the notification or the notified proposal relates to an SMP apparatus condition, or to a direction, approval or consent for the purposes of such a condition; or

(b)the direction, approval or consent given, modified or withdrawn is for the purposes of such a condition.

(8)In this section “the relevant person”, in relation to a notification, direction, approval or consent—

(a)except in a case falling within paragraph (b), means the person by whom it is published or (as the case may be) the person by whom it has been or is to be given, modified or withdrawn; and

(b)in the case of a direction, approval or consent given, modified or withdrawn by a person other than OFCOM for the purpose of giving effect to a proposal published by OFCOM under section 49(4), means OFCOM.

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