Communications Act 2003 (c. 21)

(The document as of February, 2008)

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Water and Sewerage Services (Northern Ireland) Order 1973

46 (1) In Article 57A(3)(b) of the Water and Sewerage Services (Northern Ireland) Order 1973 (S.I. 1973/70 (N.I. 2)) (civil liability of Department for escapes of water)--

(a) for "telecommunications code" there shall be substituted "electronic communications code";

(b) for "a telecommunication system" there shall be substituted "an electronic communications network".

(2) In Article 58(1) of that Order (protection for telegraph and telephone lines), for "telecommunications" there shall be substituted "electronic communications".

Consumer Credit Act 1974

47 In section 16(6) of the Consumer Credit Act 1974 (c. 39) (exempt agreements) for "public telecommunications operator specified in the order" there shall be substituted "provider of a public electronic communications service who is specified in the order".

House of Commons Disqualification Act 1975

48 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), in the appropriate place, there shall be inserted--

" Seirbheis nam Meadhanan Gàidhlig " .

Northern Ireland Assembly Disqualification Act 1975

49 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), in the appropriate place, there shall be inserted--

" Seirbheis nam Meadhanan Gàidhlig " .

Welsh Development Agency Act 1975

50 (1) Section 19 of the Welsh Development Agency Act 1975 (c. 70) (the Agency and the media) shall be amended as follows.

(2) In subsection (9), for "the appropriate authority", in both places, there shall be substituted "the Office of Communications".

(3) In subsection (11), in the definition of "relevant licence" for "the Independent Television Commission or the Radio Authority" there shall be substituted "the Office of Communications".

Building Regulations (Northern Ireland) Order 1979

51 In paragraph 14 of Schedule 1 to the Building Regulations (Northern Ireland) Order 1979 (S.I. 1979/1709 (N.I. 16)) (building regulations), for "telecommunications services" there shall be substituted "communications services".

Local Government, Planning and Land Act 1980

52 (1) Part 3 of Schedule 28 to the Local Government, Planning and Land Act 1980 (c. 65) (provisions about land acquired by urban development corporations) shall be amended as follows.

(2) In paragraphs 5, 6, 13, 14 and 16--

(a) for "the telecommunications code", wherever occurring, there shall be substituted "the electronic communications code";

(b) for "a telecommunications code system" and "any telecommunications code system", wherever occurring, there shall be substituted "an electronic communications code network";

(c) for "telecommunication apparatus", wherever occurring, there shall be substituted "electronic communications apparatus";

(d) for "such system" and "the system", wherever occurring, there shall be substituted, respectively, "such network" and "the network".

Highways Act 1980

53 In section 35(11)(c) and (12) of the Highways Act 1980 (c. 66) (regulation of rights to maintain apparatus on walkways), for "telecommunications code systems" there shall be substituted "electronic communications code networks".

54 In section 115D of that Act (limits on powers to restrict access to highways), for paragraph (d) there shall be substituted--

" (d) as to prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway. "

55 In section 142(5) of that Act (protection of telecommunications apparatus by conditions in licences to plant trees etc. in a highway), for "telecommunications code systems" there shall be substituted "electronic communications code networks".

56 (1) This paragraph applies to the following provisions of that Act--

(a) the definition of "statutory undertakers" in section 144(6) (power to erect flagpoles etc. on highways);

(b) the definition of "statutory undertakers" in section 169(4) (control of scaffolding on highways);

(d) section 177(4) and (12) (licence to build over highway not to interfere with telecommunications code systems);

(e) section 178(5) (exceptions to restriction on placing rails etc. over highways);

(f) section 329(4A) (interpretation);

(g) section 334 (savings for operators of telecommunications code systems).

(2) In the provisions to which this paragraph applies--

(a) for "a telecommunications code system" and "any telecommunications code system", wherever occurring, there shall be substituted "an electronic communications code network";

(b) for "the telecommunications code system" there shall be substituted "the electronic communications code network";

(c) for "telecommunication apparatus", wherever occurring, there shall be substituted "electronic communications apparatus";

(d) for "telecommunications code", wherever occurring (except in the expression "telecommunications code system"), there shall be substituted "electronic communications code";

(e) for "system", wherever occurring (except in the expression "telecommunications code system"), there shall be substituted "network".

New Towns Act 1981

57 (1) This paragraph applies to the following provisions of the New Towns Act 1981 (c. 64)--

(a) section 16(2) (exception to extinguishment of rights over land compulsorily acquired);

(b) section 19(2) (saving from the power to override certain rights);

(d) section 26(8) (extinguishment of rights of way and removal of apparatus);

(e) section 39(7) (power of development corporation to transfer undertakings).

(2) In the provisions to which this paragraph applies--

(a) for "in accordance with the telecommunications code", wherever occurring, there shall be substituted "in accordance with the electronic communications code";

(b) for "a telecommunications code system" and "any telecommunications code system", wherever occurring, there shall be substituted "an electronic communications code network";

(c) for "telecommunication apparatus", wherever occurring, there shall be substituted "electronic communications apparatus";

(d) for "the running of the telecommunications code system" there shall be substituted "the provision of the electronic communications code network";

(e) for "the running of such a system" there shall be substituted "the provision of such a network";

(f) for "such system" and "the system", wherever occurring, there shall be substituted, respectively, "such network" and "the network".

Acquisition of Land Act 1981

58 (1) The Acquisition of Land Act 1981 (c. 67) shall be amended as follows.

(2) In section 28 (acquisition of land by the creation of new rights), after paragraph (h) there shall be inserted--

" (i) paragraph 3(3) of Schedule 4 to the Communications Act 2003. "

(3) In section 32(6A) (exception to power to extinguish certain public rights of way)--

(a) for the words from "telecommunication apparatus" to "telecommunications code system" there shall be substituted "electronic communications apparatus kept installed for the purposes of an electronic communications code network"; and

(b) in paragraph (a), for "system" there shall be substituted "network".

Housing (Northern Ireland) Order 1981

59 In Article 159A of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)) (application of telecommunications code to the Northern Ireland Housing Executive)--

(a) for "telecommunications code", wherever occurring, there shall be substituted "electronic communications code";

(b) for "telecommunication apparatus", wherever occurring, there shall be substituted "electronic communications apparatus";

(d) for "that system" there shall be substituted "that network".

Civil Aviation Act 1982

60 In section 48(7)(b) of the Civil Aviation Act 1982 (c. 16) (Secretary of State to give notice of orders stopping up highways for civil aviation purposes), for "a telecommunications code system" there shall be substituted "an electronic communications code network".

Representation of the People Act 1983

61 In section 92(1)(c) of the Representation of the People Act 1983 (c. 2) (broadcasting from outside the United Kingdom), for "the Independent Television Commission or the Radio Authority" there shall be substituted "the Office of Communications".

62 (1) Section 93 of that Act (broadcasting of local items during election period) shall be amended as follows.

(2) In subsection (4), for the words from the beginning to "each" there shall be substituted "The Office of Communications shall".

(3) In subsection (6)--

(a) in the definition of "broadcasting authority", for "the Independent Television Commission, the Radio Authority" there shall be substituted "the Office of Communications";

(b) in the definition of "relevant services", for paragraphs (b) and (c) there shall be substituted--

" (b) in relation to the Office of Communications, means services licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996. "

Telecommunications Act 1984

63 (1) Sections 44 to 46 of the Telecommunications Act 1984 (c. 12) (offences relating to modification and interception of messages and to assaults on the persons engaged on the business of a telecommunications operator) shall cease to have effect.

(2) No proceedings shall be capable of being begun at any time after the commencement of this paragraph for any offence under any of those sections which was committed before the commencement of this paragraph.

(3) Any proceedings for an offence under any of those sections which have been begun before the commencement of this paragraph but in which there has not yet been a conviction must be discontinued immediately.

64 In sections 79, 83, 85 and 86 of that Act (wireless telegraphy provisions), for the words "the Secretary of State" and "The Secretary of State", wherever occurring, there shall be substituted "OFCOM".

65 In section 79(6)(b) of that Act (seizure of apparatus etc.), for "section 80 or 81 below" there shall be substituted "Schedule 7 to the Communications Act 2003".

66 (1) Section 83 of that Act (disposal of seized apparatus and property) shall be further amended as follows.

(2) In subsections (1)(b) and (2)(b), for "section 80 or 81 above", in each place, there shall be substituted "Schedule 7 to the Communications Act 2003".

(3) In subsection (3), for "him" there shall be substituted "them".

(4) In subsection (4), for "he thinks" there shall be substituted "they think".

67 (1) Section 84 of that Act (approval of wireless telegraphy apparatus) shall be amended as follows.

(2) For the words "Secretary of State", wherever occurring, except in subsection (9), there shall be substituted "relevant authority".

(3) In subsection (5), for "him" there shall be substituted "the relevant authority".

(4) In subsection (8) for "his" there shall be substituted "the relevant authority's".

(5) After subsection (8) there shall be inserted--

" (8A) Subject to subsection (8B), in this section "the relevant authority" means--

(a) in such cases as may be specified in an order made by the Secretary of State, the Secretary of State; and

(b) in any other case, OFCOM.

(8B) Where an application for the purposes of this section is made to the Secretary of State or OFCOM and it appears to the person to whom it is made that it should have been made to the other--

(a) that person shall refer the application to the other; and

(b) the application shall be proceeded with as if made to the person to whom it is referred. "

68 Section 90 of that Act (funding of wireless interference service by the Secretary of State) shall cease to have effect.

69 (1) Section 91 of that Act (construction of references to the conclusion of proceedings) shall be amended as follows.

(2) In subsection (1), for "under the 1949 Act or for the forfeiture of any apparatus under section 80 or 81 above" there shall be substituted "to which section 79 above applies or for the forfeiture of any apparatus under Schedule 7 to the Communications Act 2003".

70 (1) Section 94 of that Act (directions in the interests of national security) shall be amended as follows.

(2) In subsection (1), for "requisite or expedient" there shall be substituted "necessary".

(3) In subsection (2), for "requisite or expedient" there shall be substituted "necessary".

(4) After subsection (2), there shall be inserted--

" (2A) The Secretary of State shall not give a direction under subsection (1) or (2) unless he believes that the conduct required by the direction is proportionate to what is sought to be achieved by that conduct. "

(5) In subsection (3), for "this Act" there shall be substituted "Part 1 or Chapter 1 of Part 2 of the Communications Act 2003 and, in the case of a direction to a provider of a public electronic communications network, notwithstanding that it relates to him in a capacity other than as the provider of such a network".

(6) In subsection (6), for "public telecommunications operators" there shall be substituted "providers of public electronic communications networks".

(7) In subsection (8), for the words from "the Director" onwards there shall be substituted "OFCOM and to providers of public electronic communications networks."

71 (1) Section 98 of that Act (use of conduits for telecommunications purposes) shall be amended as follows.

(2) In subsection (1), for the words "telecommunication apparatus", wherever occurring, there shall be substituted "electronic communications apparatus".

(3) In subsection (5)(a), for the words "telecommunication purposes" there shall be substituted "the purposes of any electronic communications network or of any electronic communications service".

72 (1) Section 101 of that Act (general restrictions on disclosure of information) shall be amended as follows.

(2) In subsection (1)(a), after "this Act" there shall be inserted "(except Part 6)".

(3) In subsection (2)(a)--

(a) the words "or transferred" shall be omitted; and

(b) for the words ", the Director or the Commission by or under this Act" there shall be substituted "or OFCOM by or under this Act (except functions assigned by or under Part 6)".

(4) In subsection (2)(b), after "the Rail Regulator" there shall be inserted ", OFCOM".

(5) In subsection (3), after paragraph (p) there shall be inserted--

" (q) the Communications Act 2003 (excluding the provisions of that Act which are enactments relating to the management of the radio spectrum within the meaning of that Act). "

(6) Subsection (4) shall cease to have effect.

(7) In subsection (6), for "the Director" there shall be substituted "OFCOM".

73 In section 104 of that Act (orders and schemes), after subsection (1) there shall be inserted--

" (1A) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to every power of OFCOM to make an order under a provision of this Act.

(1B) The approval of the Secretary of State is required for the making by OFCOM of an order under section 85 or 86 above.

(1C) A statutory instrument containing an order made by OFCOM under section 85 or 86 above shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

74 In section 106(1) of that Act (general interpretation), after the definition of "modifications" there shall be inserted--

" "OFCOM" means the Office of Communications; " .

75 In paragraph 18(2) of Schedule 2 to that Act (notices affixed to overhead apparatus), for "paragraph 24(4)(a)" there shall be substituted "paragraph 24(2A)(a)".

Cinemas Act 1985

76 In section 21(1) of the Cinemas Act 1985 (c. 13) (interpretation), for the definition of "film exhibition" there shall be substituted--

" "film exhibition" means any exhibition of moving pictures other than an exhibition of items included in a programme service (within the meaning of the Communications Act 2003) that is being simultaneously received (or virtually so) by the exhibitor " .

Surrogacy Arrangements Act 1985

77 In section 3 of the Surrogacy Arrangements Act 1985 (c. 49) (advertisements about surrogacy), for "a telecommunication system", wherever occurring, there shall be substituted "an electronic communications network".

Bankruptcy (Scotland) Act 1985

78 (1) Section 70 of the Bankruptcy (Scotland) Act 1985 (c. 66) (supplies by utilities) shall be amended as follows.

(2) In subsection (4), for paragraph (d) there shall be substituted--

" (d) a supply of communications services by a provider of a public electronic communications service. "

(3) For subsection (5) there shall be substituted--

" (5) In subsection (4), "communications services" do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003). "

Housing Act 1985

79 (1) The Housing Act 1985 (c. 68) shall be amended as follows.

(2) In section 295(2)(b) (extinguishment of other rights over land acquired), for "telecommunications systems" there shall be substituted "electronic communications networks".

(3) In section 298(2) and (3) (telecommunications apparatus)--

(a) for "telecommunication apparatus", wherever occurring, there shall be substituted "electronic communications apparatus";

(b) for "a telecommunications code system", wherever occurring, there shall be substituted "an electronic communications code network";

(c) for "the telecommunications code", wherever occurring, there shall be substituted "the electronic communications code";

(d) for "the system" and "a system" there shall be substituted, respectively, "the network" and "a network".

Airports Act 1986

80 In section 62 of the Airports Act 1986 (c. 31) (provisions as to telecommunication apparatus)--

(a) for "the telecommunications code", wherever occurring, there shall be substituted "the electronic communications code";

(b) for "telecommunication apparatus" and "telecommunications apparatus", wherever occurring, there shall be substituted "electronic communications apparatus";

(c) for "a telecommunications code system", wherever occurring, there shall be substituted "an electronic communications code network";

(d) in subsection (3), for "that system" there shall be substituted "that network".

Gas Act 1986

81 In section 4AA(4)(b) of the Gas Act 1986 (c. 44) (general duties of Secretary of State and Authority), for sub-paragraph (i) there shall be substituted--

" (i) communications services and electronic communications apparatus, or " .

Insolvency Act 1986

82 (1) The Insolvency Act 1986 (c. 45) shall be amended as follows.

(2) In section 233 (supplies of telecommunications services etc. in cases of administration or liquidation)--

(a) in subsection (3), for paragraph (d) there shall be substituted--

" (d) a supply of communications services by a provider of a public electronic communications service. " ;

(b) in subsection (5), for paragraph (d) there shall be substituted--

" (d) "communications services" do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003). "

(3) In section 372 (supplies of telecommunications services etc. in cases of bankruptcy)--

(a) in subsection (4), for paragraph (d) there shall be substituted--

" (d) a supply of communications services by a provider of a public electronic communications service. " ;

(b) in subsection (5), for paragraph (c) there shall be substituted--

" (c) "communications services" do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003). "

(4) In Schedule 2A (exceptions to prohibition on appointment of administrative receiver), in paragraph 10, after sub-paragraph (2) there shall be inserted--

" (2A) For the purposes of section 72D a business is also regulated to the extent that it consists in the provision of a public electronic communications network or a public electronic communications service. "

Company Directors Disqualification Act 1986

83 In section 9E(2) of the Company Directors Disqualification Act 1986 (c. 46) (interpretation), for paragraph (a) there shall be substituted--

" (a) the Office of Communications; " .

Channel Tunnel Act 1987

84 For section 32 of the Channel Tunnel Act 1987 (c. 53), there shall be substituted--

" 32 Exclusion of rights under electronic communications code

No rights shall be exercisable by any person by virtue of the electronic communications code in relation to any land comprised in the tunnel system and lying in or under the bed of the sea. "

85 In paragraph 3(2)(b) of Schedule 2 to that Act (supplementary provisions as to scheduled works etc.), for "telecommunications" there shall be substituted "electronic communications".

86 (1) Part 10 of Schedule 7 to that Act (protection of telecommunications operators) shall be amended as follows.

(2) In paragraph 1(1), for "a telecommunications operator" there shall be substituted "an operator of an electronic communications code network".

(3) In paragraphs 2 to 7--

(a) for "telecommunication apparatus", wherever occurring, there shall be substituted "electronic communications apparatus";

(b) for "a telecommunications code system", "a telecommunication system" and "any telecommunications code system", wherever occurring, there shall be substituted "an electronic communications code network";

(d) for "the telecommunications operator", wherever occurring, there shall be substituted "the operator";

(e) for "any telecommunications operator", wherever occurring, there shall be substituted "any operator of an electronic communications code network";

(f) for "a system" and "that system", wherever occurring, there shall be substituted, respectively, "a network" and "that network";

(g) for "the system", wherever occurring, there shall be substituted "the electronic communications code network".

Consumer Protection (Northern Ireland) Order 1987

87 (1) Article 29 of the Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20)) (restrictions on disclosure of information) shall be amended as follows.

(2) In paragraph (3), after sub-paragraph (n), there shall be inserted--

" (o) the Communications Act 2003. "

(3) In paragraph (6) for "the Director General of Telecommunications" there shall be substituted "the Office of Communications".

Income and Corporation Taxes Act 1988

88 In section 567(2)(b) of the Income and Corporation Taxes Act 1988 (c. 1) (meaning of "construction operations"), for "telecommunication apparatus" there shall be substituted "electronic communications apparatus".

Norfolk and Suffolk Broads Act 1988

89 In section 25(1) of the Norfolk and Suffolk Broads Act 1988 (c. 4) (interpretation), in the definition of "statutory undertaker", for paragraph (d) there shall be substituted--

" (d) any electronic communications code operator; " .

Malicious Communications Act 1988

90 In section 1(2A)(a) of the Malicious Communications Act 1988 (c. 27) (offence of sending electronic communications with intent to cause distress or anxiety), for "a telecommunication system (within the meaning of the Telecommunications Act 1984)" there shall be substituted "an electronic communications network".

91 (1) Section 69 of the Copyright, Designs and Patents Act 1988 (c. 48) (no infringement of copyright by use of recordings for certain supervisory purposes) shall be amended as follows.

(2) In subsection (2)--

(a) for paragraph (a) there shall be substituted--

" (a) section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003; " ;

(b) in paragraph (b), for the words from "by virtue of" to "1990" there shall be substituted "by virtue of section 334(1) of the Communications Act 2003";

(d) after paragraph (c) there shall be inserted--

" (d) section 334(3) of the Communications Act 2003. "

(3) For subsection (3) there shall be substituted--

" (3) Copyright is not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of--

(a) any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or

(b) any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.

(4) In subsection (3), "existing material" means--

(a) any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and

(b) any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996. "

92 (1) Section 73 of that Act (no breach of copyright by certain retransmissions of broadcasts in cable programme service) shall be amended as follows.

(2) In subsection (6)--

(a) for paragraphs (c) and (d) there shall be substituted--

" (c) the public teletext service,

(d) S4C Digital, and "

;

(b) for the words after paragraph (e) there shall be substituted--

" and expressions used in this subsection have the same meanings as in Part 3 of the Communications Act 2003. "

(3) For subsection (7) there shall be substituted--

" (7) In this section "relevant requirement" means a requirement imposed by a general condition (within the meaning of Chapter 1 of Part 2 of the Communications Act 2003) the setting of which is authorised under section 64 of that Act (must-carry obligations). "

93 (1) Paragraph 17 of Schedule 2 to that Act (no infringement of performance rights by use of recordings for certain supervisory purposes) shall be amended as follows.

(2) In sub-paragraph (2)--

(a) for paragraph (a) there shall be substituted--

" (a) section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003; " ;

(b) in paragraph (b), for the words from "by virtue of" to "1990" there shall be substituted "by virtue of section 334(1) of the Communications Act 2003";

(d) after paragraph (c) there shall be inserted--

" (d) section 334(3) of the Communications Act 2003. "

(3) For sub-paragraph (3) there shall be substituted--

" (3) The rights conferred by Part 2 are not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of--

(a) any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or

(b) any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.

(4) In subsection (3), "existing material" means--

(b) any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996. "

Housing Act 1988

94 (1) Part 2 of Schedule 10 to the Housing Act 1988 (c. 50) (provisions about land acquired by a housing action trust) shall be amended as follows.

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