SCHEDULE 1Amendments of primary legislation

PART 1Amendments of Communications Act 2003 coming into force on 21st December 2020

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1

Section 46 (persons to whom conditions may apply) is amended as follows.

2

After subsection (5) insert—

5A

A social tariff condition may be applied—

a

generally to every person providing a public electronic communications service;

b

generally to every person providing such a service of a particular description specified in the condition; or

c

to a particular person specified in the condition.

3

In subsection (6), for the “and” at the end of paragraph (a) substitute—

aa

in the case of a condition falling within section 74(2A), must be—

i

a person providing a public electronic communications network; or

ii

the owner of a line or associated facility;

ab

in the case of a condition falling within section 74A, must be a person who provides an electronic communications network; and

4

After subsection (8) insert—

8A

A person whom OFCOM have previously determined to be a person having significant market power in a services market but whom OFCOM determine no longer to be a person having significant market power in that market is to be treated as continuing to fall within subsection (8) for so long as OFCOM consider necessary to ensure a sustainable transition for those benefitting from obligations imposed on that person as a result of the previous determination.