Part 6

Miscellaneous and Supplemental

Supplemental

Modifications consequential on regulations implementing Directives
409
1
This section applies if it appears to the Secretary of State that regulations under section 2 of the European Communities Act 1972 (c. 68) for giving effect to EU obligations imposed by the Communications Directives have come into force before the passing of this Act.
2
The Secretary of State may by order—
a
repeal any relevant provision of this Act which appears to him to be unnecessary, or to have become spent, in consequence of the regulations;
b
make such other modifications of the relevant provisions of this Act as he considers appropriate in consequence of the regulations;
c
revoke provision made by the regulations; and
d
make transitory or transitional provision in relation to anything done by or under the regulations.
3
The Secretary of State’s power under this section includes power to make consequential amendments of enactments not contained in this Act.
4
In this section—
- “the Communications Directives” means—
  1. the Access Directive, that is to say, Directive 2002/19/EC of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities;
  2. the Authorisation Directive, that is to say, Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services;
  3. the Framework Directive, that is to say, Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services;
  4. the Universal Service Directive, that is to say, Directive 2002/22/EC of the European Parliament and of the Council on universal service and users' rights relating to electronic communications networks and services;
- “relevant provision of this Act” means a provision contained in—
  1. Part 1, 2 or 6; or
  2. Chapter 1 of Part 5.
5
No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))