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.