http://www.legislation.gov.uk/id/ukpga/2003/21/schedule/15

http://www.legislation.gov.uk/ukpga/2003/21/schedule/15/paragraph/52

Communications Act 2003

An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.

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Statute Law Database

2024-05-17

Expert Participation

2024-04-06

Communications Act 2003

specified provision(s)

The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003

art. 1(3)

Communications Act 2003

s. 368E(5)(d)

(e)

Digital Economy Act 2017

s. 94(3)

s. 118(6)

Communications Act 2003

s. 148A and cross-heading

Product Security and Telecommunications Infrastructure Act 2022

s. 73(2)

s. 79(2)

Communications Act 2003

s. 402(2A)(za)

(zb)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 2

s. 79(2)

Communications Act 2003

Sch. 3A

para. 21(6)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(5)(b)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 37(3)(aza)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(9)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 84(1)(aza)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(10)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 103(1)(ca)

Product Security and Telecommunications Infrastructure Act 2022

s. 70

s. 79(2)

Communications Act 2003

Sch. 3A

para. 119A

Product Security and Telecommunications Infrastructure Act 2022

s. 72

s. 79(2)

Communications Act 2003

Sch. 3A

Pt. 4ZA

Product Security and Telecommunications Infrastructure Act 2022

s. 67(1)

s. 79(2)

Communications Act 2003

s. 124Q(7)(a)

Crime and Courts Act 2013

Sch. 9

para. 52

s. 61(3)

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004

art. 2

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 2) Order 2004

art. 2

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 3) Order 2004

art. 2

SCHEDULES

SCHEDULE 15Amendments of Broadcasting Acts

Part 1Amendments of the 1990 Act

Additional radio services

52 I21

Section 114 of the 1990 Act (additional radio services) shall be amended as follows.

2

In subsection (1)—

I2a

for “telecommunication” there shall be substituted “ electronic ”; and

I1b

for paragraphs (a) and (b) there shall be substituted “ on a relevant frequency ”.

I13

In subsection (2), for paragraphs (a) and (b) there shall be substituted

any part of the signals which—
a
is not required for the purposes of the sound broadcasting service for the purposes of which the frequency has been made available; and
b
is determined by OFCOM to be available for the provision of additional services;

I14

After that subsection there shall be inserted—

2A
At any time while an additional services licence is in force, OFCOM may, if they consider it appropriate to do so, modify or further modify the determination made for the purposes of that licence under subsection (2)(b); and where there has been such a modification or further modification, the licence shall have effect accordingly.
2B
A modification or further modification under subsection (2A) must not reduce the amount of spare capacity made available for the licensed services.

I15

In subsection (3), for the words from the beginning to “subsection (2)(a)” there shall be substituted “ OFCOM shall, when determining under subsection (2) ”.

I16

For subsection (6) there shall be substituted—

6
In this section “electronic signal” means a signal within the meaning of section 32 of the Communications Act 2003.
7
In this section and section 115 “relevant frequency” means a frequency made available by OFCOM for the purposes of a sound broadcasting service.

I17

This paragraph does not affect the validity of a licence granted or last renewed before the radio transfer date, or the services licensed by any such licence.