Wireless Telegraphy Act 2006 (c. 36)

SCHEDULES

SCHEDULE 7 U.K. Consequential amendments

Communications Act 2003 (c. 21) U.K.

25 U.K. The Communications Act 2003 is amended as follows.

26 U.K. In section 14 (consumer research) in subsection (2), for “the Wireless Telegraphy Act 1949 (c. 54)” substitute “ the Wireless Telegraphy Act 2006 ”.

27 U.K. In section 190 (resolution of disputes referred to OFCOM) in subsection (4)(c), for “regulations under section 1 or 3 of the Wireless Telegraphy Act 1949 (c. 54)” substitute “ regulations under section 8 or 45 of the Wireless Telegraphy Act 2006 ”.

28 U.K. In section 192(1) (appeals: decisions subject to appeal)—

(a) in paragraph (a), for “, the Wireless Telegraphy Act 1949 (c. 54) or the Wireless Telegraphy Act 1998 (c. 6)” substitute “ or any of Parts 1 to 3 of the Wireless Telegraphy Act 2006 ”, and

(b) in paragraph (d)(iv), for “section 156” substitute “ section 5 of the Wireless Telegraphy Act 2006 ”.

29 U.K. In section 364 (TV licences) in subsection (2)(f), for “the Wireless Telegraphy Act 1949 (c. 54)” substitute “ the Wireless Telegraphy Act 2006 ”.

30 U.K. In section 366 (powers to enforce TV licensing) in subsection (10), in the definition of “interference”, for “the Wireless Telegraphy Act 1949 (c. 54)” substitute “ the Wireless Telegraphy Act 2006 ”.

31 U.K. In section 393 (general restrictions on disclosure of information) in subsection (5), after paragraph (n) insert—

“(na) the Wireless Telegraphy Act 2006;”.

32 U.K. In section 400 (destination of licence fees and penalties), in subsection (1)—

(a) in paragraph (c), for “the Wireless Telegraphy Act 1998 (c. 6)” substitute “ Chapter 1 or 2 of Part 2 of the Wireless Telegraphy Act 2006 ”, and

(b) in paragraph (d), for “section 175” substitute “ section 42 of that Act ”.

33 (1) Section 401 (power of OFCOM to retain costs of carrying out spectrum functions) is amended as follows. U.K.

(2) In subsection (1), for “the Wireless Telegraphy Act 1998 (c. 6)” substitute “ Chapter 1 or 2 of Part 2 of the Wireless Telegraphy Act 2006 ”.

(3) In subsection (5), for paragraphs (b) to (g) (and the word “and” following paragraph (g)) substitute—

“(b) their functions under section 1(1) and (2) of the Wireless Telegraphy Act 2006 so far as carried out in relation to the use of the electromagnetic spectrum at places outside the United Kingdom, and their functions under section 1(5);

(c) their functions under section 4 of that Act;

(d) their functions under section 7 of that Act;

(e) their functions under section 30 of that Act;

(f) their functions under sections 42 to 44 of that Act;

(g) any functions conferred on them under sections 47 to 49 of that Act; and”.

(4) In paragraph (h) of that subsection, for “or 152(8) of this Act” substitute “ of this Act or section 1(8) of the Wireless Telegraphy Act 2006 ”.

34 (1) Section 405 (general interpretation) is amended as follows. U.K.

(2) In subsection (1), in the definition of “the enactments relating to the management of the radio spectrum”—

(a) for paragraphs (a) to (f) (and the word “and” following paragraph (f)) substitute—

“(a) the Wireless Telegraphy Act 2006; and”, and

(b) for paragraph (g) substitute—

“(g) the provisions of this Act so far as relating to that Act;”.

(3) In that subsection, for the definition of “wireless telegraphy” substitute—

““wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 2006;”.

(4) In that subsection, for the definition of “wireless telegraphy licence” substitute—

““wireless telegraphy licence” means a licence granted under section 8 of the Wireless Telegraphy Act 2006.”

35 U.K. In section 410 (application of enactments to territorial sea and other waters) in subsection (1)—

(a) in paragraph (b), after “that Part” insert “ or the Wireless Telegraphy Act 2006 ”, and

(b) in paragraph (c), after “made” insert “ or a matter as respects which the Wireless Telegraphy Act 2006 makes provision ”.

36 U.K. In Schedule 8 (decisions not subject to civil appeal), omit paragraphs 13 to 36 and at end insert—

“Wireless Telegraphy Act 2006 U.K.

37 A decision relating to the publication of the United Kingdom Plan for Frequency Authorisation.

38 A decision in exercise of the functions conferred on OFCOM by section 1 as to—

(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.

39 A decision under section 4 or 7.

40 A decision given effect to—

(a) by regulations under section 8(3), 12, 14, 18, 21, 23, 27, 30, 45 or 54 or paragraph 1 of Schedule 1 or paragraph 1 of Schedule 2;

(b) by an order under section 29 or 62.

41 A decision relating to the recovery of a sum payable to OFCOM under section 15 or 24.

42 A decision given effect to by regulations under section 31 and any decision under any such regulations.

43 A decision relating to the making or revision of a statement under—

(a) section 34, or

(b) section 44.

44 A decision to impose a penalty under section 42(1).

45 A decision for the purposes of section 59.

46 A decision relating to an authority under section 62(5).”