Version Superseded: 01/04/2004
Point in time view as at 29/12/2003.
Communications Act 2003, Cross Heading: Wireless telegraphy functions is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
1(1)Subject to sub-paragraphs (2) and (3), the functions of the Secretary of State under the following enactments are transferred to OFCOM—U.K.
(a)the Wireless Telegraphy Act 1949 (c. 54);
(b)section 7 of the Wireless Telegraphy Act 1967 (c. 72) (restriction on dealings in, and custody of, certain apparatus);
(c)Part 6 of the Telecommunications Act 1984 (c. 12) (provisions relating to wireless telegraphy);
(d)the Wireless Telegraphy Act 1998 (c. 6).
(2)The following functions remain functions of the Secretary of State—
(a)his functions under section 5 of the Wireless Telegraphy Act 1949 (misleading messages and interception and disclosure of wireless telegraphy messages);
(b)his functions under section 6 of that Act (regulations about apparatus on board ships etc.);
(c)his functions under section 7 of that Act (powers as to wireless personnel).
(3)The functions of the Secretary of State under section 84 of the Telecommunications Act 1984 (approval of wireless telegraphy apparatus)—
(a)if an order made by the Secretary of State under subsection (8A) of that section is in force, shall be exercisable by him and by OFCOM in accordance with that order; and
(b)if there is no such order, shall be exercisable by OFCOM.
Commencement Information
I1Sch. 1 para. 1(1)(a) in force at 29.12.2003 for specified purposes by S.I. 2003/3142, art. 3(1)(3), Sch. 1 (with art. 11)
I2Sch. 1 para. 1(1)(b)-(d) (2) (3) in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
2(1)The functions of the Secretary of State under section 7A of the Marine, &c., Broadcasting (Offences) Act 1967 (c. 41) (powers of enforcement of marine offences under that Act) shall (with the following exception) be exercisable concurrently by the Secretary of State and OFCOM.U.K.
(2)The exception is the functions of the Secretary of State under that section so far as they relate to powers exercisable by virtue of subsection (7) of that section.
Commencement Information
I3Sch. 1 para. 2 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
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