Communications Act 2003

Section 28 of the 1996 Act

47 (1) The repeal by this Act of section 28 of the 1996 Act does not affect any power to vary a licence under Part 1 of the 1990 Act which is—

(a) conferred on the ITC by an order under that section; and

(b) transferred to OFCOM by this Act.

(2) Nor does it affect so much of any order under that section in force immediately before the repeal as—

(a) modifies section 16 of the 1996 Act in its application in relation to the renewal of a licence first granted before the television transfer date; or

(b) imposes a prohibition on the use of digital capacity reserved before that date;

but so much of any such prohibition as requires the consent of the ITC for the use of any digital capacity shall have effect after the television transfer date as if the consent required were OFCOM’s consent.

(3) Sub-paragraph (1) only saves the power so far as it is exercisable in relation to a licence granted before the television transfer date.