Wireless Telegraphy Act 2006 (c. 36)

(The document as of February, 2008)

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(2) A person against whom an order is made under sub-paragraph (1) commits a further offence if--

(a) he contravenes the order; or

(b) he fails to deliver up the apparatus to OFCOM as required.

(3) An offence under sub-paragraph (2) is punishable as if it were committed under the same provision, and at the same time, as the offence for which the forfeiture was ordered.

Provisions as to disposal of property disapplied

6 Section 140 of the Magistrates' Courts Act 1980 (c. 43) and Article 58 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (under which magistrates sell or dispose of forfeited property) do not apply in relation to apparatus ordered to be forfeited under paragraph 1 or 2.

Provisions as to deprivation of property disapplied

7 The following provisions (under which a court convicting a person of an offence has power to deprive him of property used etc for purposes of crime) do not apply where a person is convicted of an offence under Part 2, 3 or 5--

(a) section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

(b) Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43);

Section 104

SCHEDULE 6 Seizure and forfeiture of restricted apparatus

Application of Schedule

1 (1) This Schedule applies to restricted apparatus seized--

(a) in pursuance of a warrant granted under section 97; or

(b) in the exercise of the power conferred by section 99(3).

(2) Apparatus is restricted apparatus for the purposes of this Schedule if custody or control of apparatus of any class or description to which it belongs is for the time being restricted by a restriction order under section 62.

Notice of seizure

2 (1) OFCOM must give notice of the seizure of the restricted apparatus to every person who, to their knowledge, was at the time of the seizure the owner or one of the owners of the apparatus.

(2) The notice must set out the grounds of the seizure.

(3) Where there is no proper address for the purposes of the service of a notice under sub-paragraph (1) in a manner authorised by section 112, the requirements of that sub-paragraph shall be satisfied by the publication of a notice of the seizure in the London, Edinburgh or Belfast Gazette (according to the part of the United Kingdom where the seizure took place).

(4) Apparatus may be condemned or taken to have been condemned under this Schedule only if the requirements of this paragraph have been complied with in the case of that apparatus.

Notice of claim

3 A person claiming that the restricted apparatus is not liable to forfeiture must give written notice of his claim to OFCOM.

4 (1) A notice of claim must be given within one month after the day of the giving of the notice of seizure.

(2) A notice of claim must specify--

(a) the name and address of the claimant; and

(b) in the case of a claimant who is outside the United Kingdom, the name and address of a solicitor in the United Kingdom who is authorised to accept service of process and to act on behalf of the claimant.

(3) Service of process upon a solicitor so specified is to be taken to be proper service upon the claimant.

Condemnation

5 The restricted apparatus is to be taken to have been duly condemned as forfeited if--

(a) by the end of the period for the giving of a notice of claim in respect of the apparatus, no notice of claim has been given to OFCOM; or

(b) a notice of claim is given which does not comply with the requirements of paragraphs 3 and 4.

6 (1) Where a notice of claim in respect of the restricted apparatus is duly given in accordance with paragraphs 3 and 4, OFCOM may take proceedings for the condemnation of the apparatus by the court.

(2) In such proceedings--

(a) if the court finds that the apparatus was liable to forfeiture at the time of seizure, it must condemn the apparatus as forfeited unless cause is shown why it should not; and

(b) if the court finds that the apparatus was not liable to forfeiture at that time, or cause is shown why it should not be forfeited, the court must order the return of the apparatus to the person appearing to the court to be entitled to it.

(3) If OFCOM decide not to take proceedings for condemnation in a case in which a notice of claim has been so given, they must return the apparatus to the person appearing to them to be the owner of the apparatus, or to one of the persons appearing to them to be the owners of it.

(4) Apparatus required to be returned in accordance with sub-paragraph (3) must be returned as soon as reasonably practicable after the decision not to take proceedings for condemnation.

(5) OFCOM's decision whether to take such proceedings must be taken as soon as reasonably practicable after the receipt of the notice of claim.

7 Where the restricted apparatus is condemned or taken to have been condemned as forfeited, the forfeiture is to have effect as from the time of the seizure.

Proceedings for condemnation by court

8 Proceedings for condemnation are civil proceedings and may be instituted--

(a) in England or Wales, in the High Court or in a magistrates' court;

(b) in Scotland, in the Court of Session or in the sheriff court;

9 Proceedings for the condemnation of restricted apparatus instituted in a magistrates' court in England or Wales, in the sheriff court in Scotland or in a court of summary jurisdiction in Northern Ireland may be so instituted--

(a) in a court having jurisdiction in a place where an offence under section 66 involving that apparatus was committed;

(b) in a court having jurisdiction in proceedings for such an offence;

(c) in a court having jurisdiction in the place where the claimant resides or, if the claimant has specified a solicitor under paragraph 4, in the place where that solicitor has his office; or

(d) in a court having jurisdiction in the place where that apparatus was seized or to which it was first brought after being seized.

10 (1) In proceedings for condemnation that are instituted in England and Wales or Northern Ireland, the claimant or his solicitor must make his oath that the seized apparatus was, or was to the best of his knowledge and belief, the property of the claimant at the time of the seizure.

(2) In proceedings for condemnation instituted in the High Court--

(a) the court may require the claimant to give such security for the costs of the proceedings as may be determined by the court; and

(b) the claimant must comply with such a requirement.

(3) If a requirement of this paragraph is not complied with, the court must give judgment for OFCOM.

11 (1) In the case of proceedings for condemnation instituted in a magistrates' court in England or Wales, either party may appeal against the decision of that court to the Crown Court.

(2) In the case of proceedings for condemnation instituted in a court of summary jurisdiction in Northern Ireland, either party may appeal against the decision of that court to the county court.

(3) This paragraph does not affect any right to require the statement of a case for the opinion of the High Court.

12 Where an appeal has been made (whether by case stated or otherwise) against the decision of the court in proceedings for the condemnation of restricted apparatus, the apparatus is to be left with OFCOM pending the final determination of the matter.

Disposal of unclaimed property

13 (1) This paragraph applies where a requirement is imposed by or under this Schedule for apparatus to be returned to a person.

(2) If the apparatus is still in OFCOM's possession after the end of the period of 12 months beginning with the day after the requirement to return it arose, OFCOM may dispose of it in any manner they think fit.

(3) OFCOM may exercise their power under this paragraph to dispose of apparatus only if it is not practicable at the time when the power is exercised to dispose of the apparatus by returning it immediately to the person to whom it is required to be returned.

Provisions as to proof

14 In proceedings arising out of the seizure of restricted apparatus, the fact, form and manner of the seizure is to be taken, without further evidence and unless the contrary is shown, to have been as set forth in the process.

15 In any proceedings, the condemnation by a court of restricted apparatus as forfeited may be proved by the production of--

(a) the order or certificate of condemnation; or

(b) a certified copy of the order purporting to be signed by an officer of the court by which the order or certificate was made or granted.

Special provisions as to certain claimants

16 (1) This paragraph applies for the purposes of--

(a) a claim to the restricted apparatus; and

(b) proceedings for its condemnation.

(2) Where at the time of the seizure the apparatus is--

(a) the property of a body corporate,

(b) the property of two or more partners, or

the oath required by paragraph 10 to be taken by the claimant, and any other thing required by this Schedule or by rules of court to be done by the owner of the apparatus, may be done by a person falling within sub-paragraph (3) or by a person authorised to act on his behalf.

(3) The persons are--

(a) where the owner is a body corporate, the secretary or some duly authorised officer of that body;

(b) where the owners are in partnership, any one or more of the owners;

(c) where there are more than five owners and they are not in partnership, any two or more of the owners acting on behalf of themselves and any of their co-owners who are not acting on their own behalf.

Saving for owner's rights

17 Neither the imposition of a requirement by or under this Schedule to return apparatus to a person nor the return of apparatus to a person in accordance with such a requirement affects--

(a) the rights in relation to that apparatus of any other person; or

(b) the right of any other person to enforce his rights against the person to whom it is returned.

Section 123

SCHEDULE 7 Consequential amendments

Defamation Act (Northern Ireland) 1955 (c. 11 (N.I.))

1 In section 14 of the Defamation Act (Northern Ireland) 1955 (interpretation) in subsection (2), for "the Wireless Telegraphy Act, 1949" substitute "the Wireless Telegraphy Act 2006".

Wireless Telegraphy Act 1967 (c. 72)

2 (1) Section 5 of the Wireless Telegraphy Act 1967 (offences and enforcement) is amended as follows.

(2) In subsection (1), for "an offence under the principal Act" substitute "an offence under this section".

(3) After that subsection insert--

" (1A) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. "

(4) After subsection (5) insert--

" (6) Sections 97 and 98 of the Wireless Telegraphy Act 2006 (provision for entry and search of premises) apply in relation to an offence under this section as they apply in relation to an offence under that Act (other than an offence under Part 4 or section 111). "

Theatres Act 1968 (c. 54)

3 In section 7 of the Theatres Act 1968 (exceptions for performances given in certain circumstances) in subsection (3), for "the Wireless Telegraphy Act 1949" substitute "the Wireless Telegraphy Act 2006".

Port of London Act 1968 (c. xxxii)

4 In section 190 of the Port of London Act 1968 (saving for Wireless Telegraphy Act 1949 etc) in subsection (1), for the words from "apparatus for" to "Act 1949" substitute "wireless telegraphy apparatus (within the meaning of the Wireless Telegraphy Act 2006)".

Local Government Act 1972 (c. 70)

5 In section 142 of the Local Government Act 1972 (provision by local authorities of information relating to their activities) in subsection (1AC), in paragraph (a), for "the Wireless Telegraphy Act 1949" substitute "Part 2 of the Wireless Telegraphy Act 2006".

Thames Barrier and Flood Prevention Act 1972 (c. xlv)

6 In section 53 of the Thames Barrier and Flood Prevention Act 1972 (saving for Wireless Telegraphy Act 1949) for the words from "apparatus for" to "Act 1949" substitute "wireless telegraphy apparatus (within the meaning of the Wireless Telegraphy Act 2006)".

Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)

7 In section 9 of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (requirement for licence to operate driver information system) in subsection (3)(a), for "a licence under section 1 of the Wireless Telegraphy Act 1949" substitute "a licence under section 8 of the Wireless Telegraphy Act 2006".

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

8 In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (offences for which power of summary arrest available) omit the sub-paragraph (j) relating to section 14(1) of the Wireless Telegraphy Act 1949 (c. 54) and at the end insert--

" (r) an offence under--

(i) section 35 of the Wireless Telegraphy Act 2006 (unauthorised use etc of wireless telegraphy station or apparatus) to which section 35(2) applies;

(ii) section 36 of that Act (keeping wireless telegraphy station or apparatus available for unauthorised use) to which section 36(2) applies;

(iii) section 37 of that Act (allowing premises to be used for unlawful broadcasting);

(iv) section 38 of that Act (facilitating unauthorised broadcasting);

(v) section 47 of that Act (misleading messages);

(vi) section 68 of that Act (deliberate interference). "

Broadcasting Act 1990 (c. 42)

9 The Broadcasting Act 1990 is amended as follows.

10 In section 3 (licences under Part 1 of that Act) in subsection (8)(a), for "a licence under section 1 of the Wireless Telegraphy Act 1949" substitute "a licence under section 8 of the Wireless Telegraphy Act 2006".

11 In section 86 (licences under Part 3 of that Act) in subsection (9)(a), for "a licence under section 1 of the Wireless Telegraphy Act 1949" substitute "a licence under section 8 of the Wireless Telegraphy Act 2006".

12 (1) Section 89 (offences giving rise to disqualification) is amended as follows.

(2) In subsection (1) (disqualification from holding licence on grounds of conviction for transmitting offence), for paragraphs (a), (aa), (ab) and (b) substitute--

" (a) an offence under section 35 of the Wireless Telegraphy Act 2006 (unauthorised use etc of wireless telegraphy station or apparatus) consisting in the establishment or use of a wireless telegraphy station, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast (within the meaning of Part 5 of that Act);

(aa) an offence under section 36 of that Act (keeping wireless telegraphy station or apparatus available for unauthorised use) where the relevant contravention of section 8 of that Act would constitute an offence falling within paragraph (a);

(ab) an offence under section 37 or 38 of that Act (unlawful broadcasting offences);

(b) an offence under Part 5 of that Act (prohibition of broadcasting from sea or air); or " .

(3) In subsection (3)(b) (licence conditions excluding persons disqualified) for "a station for wireless telegraphy" substitute "a wireless telegraphy station".

13 In section 202 (general interpretation) in subsection (1), for the definitions of "wireless telegraphy" and "station for wireless telegraphy" substitute--

" "wireless telegraphy" and "wireless telegraphy station" each has the same meaning as in the Wireless Telegraphy Act 2006. "

Intelligence Services Act 1994 (c. 13)

14 In section 11 of the Intelligence Services Act 1994 (interpretation and consequential amendments) in subsection (1)(e), for "the Wireless Telegraphy Act 1949" substitute "the Wireless Telegraphy Act 2006".

Merchant Shipping Act 1995 (c. 21)

15 In section 91 of the Merchant Shipping Act 1995 (report of dangers to navigation) in subsection (7), for the definitions of "wireless telegraphy licence" and "station for wireless telegraphy" substitute--

" "wireless telegraphy licence" has the same meaning as in the Wireless Telegraphy Act 2006, and "station for wireless telegraphy" has the same meaning as "wireless telegraphy station" in that Act. "

Criminal Procedure (Scotland) Act 1995 (c. 46)

16 In section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal) in subsection (9)(a), for "Schedule 6 to the Communications Act 2003" substitute "Schedule 4 to the Wireless Telegraphy Act 2006".

Broadcasting Act 1996 (c. 55)

17 In section 3 of the Broadcasting Act 1996 (licences under Part 1 of that Act) in subsection (8)(a), for "a licence under section 1 of the Wireless Telegraphy Act 1949" substitute "a licence under section 8 of the Wireless Telegraphy Act 2006".

18 In section 42 of that Act (licences under Part 2 of that Act) in subsection (7)(a), for "a licence under section 1 of the Wireless Telegraphy Act 1949" substitute "a licence under section 8 of the Wireless Telegraphy Act 2006".

Police Act 1997 (c. 50)

19 In section 108 of the Police Act 1997 (interpretation of Part 3) in subsection (1), in the definition of "wireless telegraphy", for "the Wireless Telegraphy Act 1949" substitute "the Wireless Telegraphy Act 2006".

Terrorism Act 2000 (c. 11)

20 In Schedule 10 to the Terrorism Act 2000 (munitions and transmitters: search and seizure) in paragraph 1(3), in the definition of "wireless telegraphy", for "has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949" substitute "has the meaning given by section 116 of the Wireless Telegraphy Act 2006".

Regulation of Investigatory Powers Act 2000 (c. 23)

21 The Regulation of Investigatory Powers Act 2000 is amended as follows.

22 (1) Section 3 (lawful interception without an interception warrant) is amended as follows.

(2) In subsection (4)(a), for "section 5 of the Wireless Telegraphy Act 1949 (misleading messages and interception and disclosure of wireless telegraphy messages)" substitute "section 48 of the Wireless Telegraphy Act 2006 (interception and disclosure of wireless telegraphy messages)".

(3) In subsection (5)--

(a) for paragraph (a) substitute--

" (a) the grant of wireless telegraphy licences under the Wireless Telegraphy Act 2006; " , and

(b) in paragraph (c), for the words from "any enactment contained" to "so contained" substitute " --

(i) any provision of Part 2 (other than Chapter 2 and sections 27 to 31) or Part 3 of that Act, or

(ii) any enactment not falling within sub-paragraph (i) " .

23 In section 18 (exceptions to section 17) in subsection (12)(c), for "section 5 of the Wireless Telegraphy Act 1949" substitute "section 47 or 48 of the Wireless Telegraphy Act 2006".

24 In section 81 (general interpretation) in subsection (1), in the definition of "wireless telegraphy", for "the Wireless Telegraphy Act 1949" substitute "the Wireless Telegraphy Act 2006".

Communications Act 2003 (c. 21)

25 The Communications Act 2003 is amended as follows.

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

27 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 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 In section 364 (TV licences) in subsection (2)(f), for "the Wireless Telegraphy Act 1949 (c. 54)" substitute "the Wireless Telegraphy Act 2006".

30 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 In section 393 (general restrictions on disclosure of information) in subsection (5), after paragraph (n) insert--

" (na) the Wireless Telegraphy Act 2006; " .

32 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.

(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);

(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.

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

" Wireless Telegraphy Act 2006

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

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). "

Income Tax (Trading and Other Income) Act 2005 (c. 5)

37 In section 146 of the Income Tax (Trading and Other Income) Act 2005 (meaning of "relevant telecommunication right"), in paragraph (a) (wireless telegraphy licence), for the words from "granted" to "licences)," substitute "granted under section 8 of the Wireless Telegraphy Act 2006 in accordance with regulations made under section 14 of that Act (bidding for licences),".

Commissioners for Revenue and Customs Act 2005 (c. 11)

38 In Part 1 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (functions of Commissioners and officers: restrictions)--

(a) in paragraph 1, for "an authority under section 5 of the Wireless Telegraphy Act 1949 (interception, &c.)" substitute "an authority for the purposes of section 48 of the Wireless Telegraphy Act 2006 (interception, &c.)", and

(b) for the italic cross-heading before that paragraph substitute "Wireless Telegraphy Act 2006 (c. 36)".

Section 124

SCHEDULE 8 Transitional provisions, savings and transitory modifications

Part 1 Transitional provisions and savings

General provisions

1 The substitution of provisions of this Act for provisions repealed or revoked by it does not affect the continuity of the law.

2 Anything done, or having effect as if done, under or for the purposes of a provision repealed by this Act (including subordinate legislation so made or having effect as if so made), and in force or effective immediately before the commencement of this Act, has effect after that commencement as if done under or for the purposes of the corresponding provision of this Act.

3 A reference (express or implied) in this Act or another enactment, or in an instrument or document, to a provision of this Act is (so far as the context permits) to be read as (according to the context) being or including a reference to the corresponding provision repealed by this Act, in relation to times, circumstances or purposes in relation to which the repealed provision had effect.

4 (1) A reference (express or implied) in an enactment, or in an instrument or document, to a provision repealed by this Act is (so far as the context permits) to be read as (according to the context) being or including a reference to the corresponding provision of this Act, in relation to times, circumstances and purposes in relation to which that corresponding provision has effect.

(2) In particular, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act that reproduce such enactments.

5 Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978 (c. 30) (but do not affect the application of any other provision of that Act).

6 Paragraphs 2 and 4(1) do not apply to an Order in Council to which paragraph 24(1) applies.

General rule for old savings

7 (1) The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

(2) The repeal by this Act of a saving on the previous repeal of an enactment does not affect the saving in so far as it remains capable of having effect.

Use of existing forms etc

8 A reference to an enactment repealed by this Act which is contained in a document made, served or issued on or after the commencement of that repeal is to be read, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of this Act.

Regulatory Reform Act 2001 (c. 6)

9 (1) This paragraph has effect during the period of two years beginning with the day on which this Act is passed for the purposes of the making of an order under section 1 of the 2001 Act in relation to a provision of this Act that reproduces a provision repealed or revoked by this Act.

(2) The law contained in such a provision of this Act is legislation for the purposes of section 1 of the 2001 Act if, at the time the order is made, the corresponding repealed or revoked provision would have been legislation for those purposes had it not been repealed or revoked.

(3) No order under section 1 of the 2001 Act may be made, in relation to a provision of this Act, if the corresponding repealed provision was amended otherwise than merely for consequential or incidental purposes--

(a) by an Act passed not more than two years before the day on which the order is made, or

(b) by subordinate legislation made not more than two years before that day.

(4) Sub-paragraph (3) does not prevent an order under section 1 of the 2001 Act re-enacting without substantive amendment the provision of this Act that reproduces the repealed provision which was so amended.

(5) Sub-paragraph (3) does not affect the operation of section 1(4) of the 2001 Act in relation to any amendment made to this Act.

(6) The 2001 Act is the Regulatory Reform Act 2001.

Contracted-out functions under section 1 of the Wireless Telegraphy Act 1949

10 An order under Part 2 of the Deregulation and Contracting Out Act 1994 (c. 40) which is in force immediately before the commencement of this Act and, by virtue of paragraph 6 of Schedule 18 to the Communications Act 2003 (c. 21), has effect as if made by virtue of section 1(7) of that Act shall, so long as the order remains in force, continue to have that effect by virtue of this paragraph.

Wireless telegraphy licences granted before 18th June 1998

11 (1) This paragraph has effect in relation to wireless telegraphy licences granted before 18th June 1998 (the date on which section 1 of the Wireless Telegraphy Act 1998 (c. 6) came into force).

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