The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force—

• on 12th December 2003, section 282 of and paragraphs 10 and 17 of Schedule 14 to the Communications Act 2003 (article 2);

• on 29th December 2003, paragraph 12 of the Schedule to the Office of Communications Act 2002 and the provisions of the Communications Act 2003 listed in Schedule 1 to this Order (article 3(1));

• on 2nd January 2004, section 253 of the Communications Act 2003 (article 4(1));

• on 1st April 2004 the provisions listed in Schedule 2 to the Communications Act 2003 (article 4(2));

• and on 30th June 2004, sections 299 (except subsection (2), already in force) and 300 of the Communications Act 2003 (article 4(3)).

Article 1(3) revokes one of the transitional provisions contained in the first commencement order.

By virtue of article 3(2), the transitional period (during which the Director General of Telecommunications and the Secretary of State exercised the functions of the Office of Communications in respect of the “transitionally commenced provisions” defined in article 1(2) of the first commencement order) will come to an end.

Article 3(3) provides that where provisions brought into force on 29th December apply to television licences, they do not come into force for that purpose until 1st April.

Articles 5 to 11 contain transitional provisions.

All of the provisions of the Office of Communications Act 2002 which have not been repealed by the Communications Act 2003 will be in force by 29th December 2003.

Including the provisions which came into force on Royal assent and the provisions brought into force by the first commencement order, the following provisions of the Communications Act 2003 will be in force by 29th December 2003:

• sections 1, 2 (in part), 3 to 179, 181 to 230, 231 (in part), 232 to 252, 254 to 264, 271, 275 to 277, 279 to 298, 299 (in part), 301 to 337, 338 (in part), 339 to 350, 351 (in part), 352, 353 (in part), 354 to 362, 369 to 400, 402 to 405, 406 (in part), 407, 408, 410 and 411;

• Schedules 1 (in part), 2 to 5, 7 to 11, 12 (in part), 13 to 16, 17 (in part), 18 and 19 (in part).

Subsequently—

• on 2nd January 2004, section 253 will come into force,

• on 1st April 2004, sections 278 and 363 to 368 will come into force, together with sections 2, 351 and 353 and Schedules 1 and 18 so far as they were not already in force, and also further provision in sections 338 and 406 and Schedules 12, 17 and 19, and

• on 30th June 2004, sections 299 (except subsection (2), already in force) and 300 will come into force.

The following provisions of the Communications Act 2003 remain to be brought into force: sections 180, 231 (in part), 265 to 270, 272 to 274, 338 (in part), 401, 406 (in part) and 409 and Schedules 6, 12 (in part) 17 (in part) and 19 (in part).