SCHEDULES
SCHEDULE 18

Transitional Provisions

Pre-transfer Broadcasting Act licences
30
1
Subject to any express provision made by this Act in relation to a particular description of Broadcasting Act licence, neither—
a
the transfer from a pre-commencement regulator to OFCOM of the function of granting or awarding such licences or of any other power exercisable in relation to such licences, nor
b
any other modification by or by virtue of this Act of the power to grant or award such licences or of a provision having effect in relation to such licences,
shall affect the continuing validity of a licence by or under which the provision of a service is authorised immediately before the coming into force of the transfer or modification.
2
Accordingly, such a licence shall continue to have effect, after the coming into force of the transfer or modification—
a
on the same terms and conditions and for the same period as it would have done if this Act had not been passed; but
b
as if, in relation to times after the coming into force of any relevant transfer of functions to OFCOM, every reference in the licence to a pre-commencement regulator were a reference to OFCOM.
3
Sub-paragraph (2) is subject to the following provisions of this Act—
a
those under which a licence is to have effect as if the period for which it is granted were the period determined under this Act; and
b
those under which the conditions of a licence fall to be varied for the purpose of imposing a condition required by this Act.
4
Anything done at any time before the relevant transfer date under or for the purposes of enforcing any provision of a Broadcasting Act licence is to have effect in relation to times on or after that date—
a
to the extent that it was done by or in relation to the ITC or Radio Authority, and
b
so far as necessary for preserving its effect or for facilitating the taking of further action by OFCOM,
as a thing done by or in relation to OFCOM.
5
In sub-paragraph (4) “relevant transfer date”—
a
in relation to licences under Part 1 of the 1990 Act or Part 1 of the 1996 Act, means the television transfer date; and
b
in relation to licences under Part 3 of the 1990 Act or Part 2 of the 1996 Act, means the radio transfer date.
Sch. 18 para. 30 in force at 25.7.2003 by S.I. 2003/1900, art. 2(1), Sch. 1