Part VII Miscellaneous and Supplemental

Miscellaneous

93 Grants to promote interests of disabled persons.

F11

The Secretary of State may, with the approval of the Treasury, make grants for the purpose of defraying or contributing towards—

a

any expenses which may be incurred by any person in supporting research into or the development of apparatus to which this section applies; or

b

any fees incurred by any person in respect of the exercise in relation to apparatus to which this section applies of any function conferred by or under section 22 above.

2

This section applies to—

a

telecommunication apparatus which is constructed for use by disabled persons;

b

telecommunication apparatus which is so constructed as to be capable of being adapted for such use; and

c

apparatus by means of which telecommunication apparatus falling within paragraph (b) above may be so adapted.

3

In making a grant under this section, the Secretary of State may impose such conditions as he thinks fit and may, in particular, impose a condition requiring the repayment of all or any part of the grant—

a

if any other condition is not complied with; or

b

in such other circumstances as he may specify.

4

There shall be paid out of money provided by Parliament any sums required by the Secretary of State for making grants under this section.

5

Any sums received by the Secretary of State under subsection (3) above shall be paid into the Consolidated Fund.

F9994 Directions in the interests of national security etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95 Orders under the 1973 and 1980 Acts.

F2F31

Where the Office of Fair Trading, the Commission or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the revocation or modification of licences granted under section 7 above to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

2

In subsection (1) above, “relevant order” means—

C1a

an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

i

one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of a commercial activity connected with telecommunications; or

ii

one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of a commercial activity connected with telecommunications; or

b

an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to commercial activities connected with telecommunications.

F43

Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.

96 Prohibitions and restrictions applying to lessees with respect to telecommunications.

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97 Contributions by local authorities towards provision of facilities.

F51

Where a local authority consider that it would be for the benefit of the whole or any part of their area that—

a

any additional telecommunication facilities should be provided; or

b

any existing telecommunication facilities should continue to be provided,

by a public telecommunications operator, whether within or outside the area to be benefited, the authority may undertake to pay to that operator any loss he may sustain by reason of the provision or continued provision of those facilities.

2

In the application of this section to Scotland, nothing in subsection (1) above shall authorise the giving of an undertaking as respects the provision or continued provision of facilities outside the area to be benefited.

3

In this section “local authority”—

a

in relation to England F6. . ., means a county council, F7, a district council, a London borough council, the Common Council of the City of London F8or, a parish council F9. . .;

F10aa

in relation to Wales, means a county council, a county borough council or a community council;

b

in relation to Scotland, means a F11council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

c

in relation to Northern Ireland, means a district council.

98 Use of certain conduits for telecommunication purposes.

1

The functions of an authority with control of a relevant conduit shall include the power—

a

to carry out, or to authorise another person to carry out, any works in relation to that conduit for or in connection with the installation, maintenance, adjustment, repair or alteration of F12electronic communications apparatus;

b

to keep F12electronic communications apparatus installed in that conduit or to authorise any other person to keep F12electronic communications apparatus so installed;

c

to authorise any person to enter that conduit to inspect F12electronic communications apparatus kept installed there;

d

to enter into agreements, on such terms (including terms as to the payments to be made to the authority) as it thinks fit, in connection with the doing of anything authorised by or under this section; and

e

to carry on an ancillary business consisting in the making and carrying out of such agreements.

2

Where any enactment or subordinate legislation expressly or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or under this section.

3

Where the doing by an authority with control of a public sewer of anything authorised by this section would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or keeping of apparatus, wholly inside a public sewer.

4

Subject to subsections (2) and (3) above, subsection (1) above is without prejudice to the rights of any person with an interest in land on, under or over which a relevant conduit is situated.

5

Without prejudice to subsections (1) to (4) above, the Secretary of State may by order provide for any local Act under or in accordance with which any conduits (whether or not relevant conduits) are kept installed in F13streetsF13roads to be amended in such manner as appears to him requisite or expedient for securing—

a

that there is power for those conduits to be used for F14the purposes of any electronic communications network or of any electronic communications service;

b

that the terms (including terms as to payment) on which those conduits are used for those purposes are reasonable; and

c

that the use of those conduits for those purposes is not unreasonably inhibited (whether directly or indirectly) by reason of the terms of any consent, licence or agreement which has been given, granted or made in relation to any of those conduits for the purposes of that Act.

6

In this section “relevant conduit” means—

a

any conduit which, whether or not it is itself an electric line, is maintained by an electricity authority for the purpose of enclosing, surrounding or supporting such a line, including where such a conduit is connected to any box, chamber or other structure (including a building) maintained by an electricity authority for purposes connected with the conveyance, transmission or distribution of electricity, that box, chamber or structure; or

b

a water main or any other conduit maintained by a water authority for the purpose of conveying water from one place to another; or

c

a public sewer; or

d

a culvert which is a designated watercourse within the meaning of the M1Drainage (Northern Ireland) Order F152006.

7

In this section a reference to the authority with control of a relevant conduit—

a

in relation to a conduit or structure falling within paragraph (a) or (b) of subsection (6) above, shall be construed as a reference to the authority by whom the conduit or structure is maintained;

b

in relation to a public sewer, shall be construed, subject to subsection (8) below, as a reference to the F16 person in whom the sewer is vested; and

c

in relation to a culvert falling within paragraph (d) of subsection (6) above, shall be construed as a reference to the Department of Agriculture for Northern Ireland.

8

Where—

a

the functions of an authority with control of a public sewer are, in pursuance of any enactment, discharged on its behalf by F17another person, and

b

the F18other person is authorised by the authority with control of the sewer to act on its behalf for the purposes of the matters referred to in subsection (1) above,

this section shall have effect in relation to that sewer as if any reference to the authority with control of the sewer included, to such extent as may be necessary for the F18other person so to act, a reference to the F18other person.

9

In this section—

  • “alteration”, “F19streetF19road” F20and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;

  • “conduit” includes a tunnel or subway;

  • “electric line”—

    1. a

      in Great Britain, has the same meaning as in F21the Electricity Act 1989; and

    2. b

      in Northern Ireland, has the same meaning as in the F22Electricity (Northern Ireland) Order 1992;

  • “electricity authority” means F23a person authorised by a licence under Part I of the Electricity Act 1989 to F24supply or participate in the transmission of electricity or F25a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity;

  • “public sewer”—

    1. a

      in England and Wales, has the same meaning as in the M2Public Health Act 1936;

    2. b

      in Scotland, means any sewer which is vested in F26Scottish Water; and

    3. c

      in Northern Ireland, means a sewer as defined in the M3Water and Sewerage Services (Northern Ireland) Order F152006;

  • F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “subordinate legislation” means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the M4Interpretation Act (Northern Ireland) 1954;

  • “water authority”—

    1. a

      F28in England and Wales, F92means the Environment Agency, the Natural Resources Body for Wales or a water undertaker;

    2. b

      in Scotland, F29means Scottish Water; and

    3. c

      in Northern Ireland, means the F30a water undertaker (within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006);

  • “water main”—

    1. a

      F31in England and Wales, means a water main F32or resource main within the meaning of the Water Industry Act 1991;

    2. b

      in Scotland, means a main within the meaning of the M5Water (Scotland) Act 1980; and

    3. c

      in Northern Ireland, means F33a water main or resource main within the meaning of the M6Water and Sewerage Services (Northern Ireland) Order F342006.

99

F351

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F362

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F363

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental

C2101 General restrictions on disclosure of information.

1

Subject to the following provisions of this section, no information with respect to any particular business which—

a

has been obtained under or by virtue of the provisions of this Act F38... ; and

b

relates to the private affairs of any individual or to any particular business,

shall during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

C32

Subsection (1) above does not apply to any disclosure of information which is made—

a

for the purpose of facilitating the performance of any functions assigned F39... to the Secretary of State, F40or OFCOM by or under this Act F41... ;

b

for the purpose of facilitating the performance of any functions of any Minister, any Northern Ireland department, the head of any such department, F93the Competition and Markets AuthorityF42; F43the Water Services Regulation AuthorityF44the Director General of Electricity SupplyF45the Director General of Electricity Supply for Northern IrelandF46or the Director General of Gas for Northern IrelandF97the Office of Rail and RoadF47, OFCOMF48, the Civil Aviation Authority or a local weights and measures authority in Great Britain under any of the enactments F49or subordinate legislation specified in subsection (3) below;

F50bb

for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

c

in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings; F100or

d

for the purpose of any civil proceedings brought under or by virtue of this Act or any of the enactments F49or subordinate legislation specified in subsection (3) below; F101...

F101e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The enactments F51and subordinate legislation referred to in subsection (2) above are—

a

the Trade Descriptions Act 1968;

b

the 1973 Act;

c

the Consumer Credit Act 1974;

F52d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

the Estate Agents Act 1979; F53

g

the 1980 Act.

F54h

the Consumer Protection Act 1987.

F55i

the Consumer Protection (Northern Ireland) Order 1987.

F56i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57j

the Water Act 1989 F58, or the Water Act 2003F98or the Water Act 2014.

F59k

the Electricity Act 1989.

F60l

the Electricity (Northern Ireland) Order 1992.

F61ll

The Gas (Northern Ireland) Order 1996;

F62m

the Railways Act 1993

F63n

the Competition Act 1998

F64o

Part I of the Transport Act 2000.

F65p

the Enterprise Act 2002

C4F66q

the Communications Act 2003 F67...

F68r

the Railways Act 2005.

F69s

the Energy (Northern Ireland Order 2003;

t

the Water and Sewerage Services (Northern Ireland) Order 2006.

F70u

the Business Protection from Misleading Marketing Regulations 2008;

v

the Consumer Protection from Unfair Trading Regulations 2008.

F94w

Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013

F894

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Any person who discloses any information in contravention of this section shall be guilty of an offence and liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

F716

Information obtained by F72OFCOM in the exercise of functions which are exercisable concurrently with F95the Competition and Markets Authority under Part I of the Competition Act 1998 is subject to F73Part 9 of the Enterprise Act 2002 (Information) and not to subsections (1) to (5) of this section.

C5C6102 Offences by bodies corporate.

F741

Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

2

Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

103 Summary proceedings.

F751

Proceedings for any offence under this Act which is punishable on summary conviction may be commenced at any time within twelve months next after the commission of the offence.

F762

Subsection (1) above shall not apply for the purposes of an offence under any provision of the Enterprise Act 2002 as applied by virtue of section 13B above.

104 Orders and schemes.

1

Any power of the Secretary of State to make an order or a scheme under this Act shall be exercisable by statutory instrument subject, except in the case of an order under section F77. . . 110(5), F77. . . to annulment in pursuance of a resolution of either House of Parliament.

F781A

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

F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1C

F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Any order or scheme under this Act may make different provision with respect to different cases or descriptions of case.

3

F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105 Financial provisions.

There shall be paid out of money provided by Parliament any administrative expenses incurred by the Secretary of State in consequence of the provisions of this Act and any increase attributable to this Act in the sums payable out of money so provided under any other Act.

106 General interpretation.

1

In this Act, unless the context otherwise requires—

  • “the 1973 Act” means the Fair Trading Act 1973;

  • “the 1980 Act” means the Competition Act 1980;

  • “the 1981 Act” means the British Telecommunications Act 1981;

  • “the appointed day” has the meaning given by section 2 above;

  • F91...

  • F96...

  • F91...

  • F80...

  • F91...

  • F91...

  • “the excepted liabilities” has the meaning given by section 60(2) above;

  • “modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;

  • F81“OFCOM” means the Office of Communications;

  • F91...

  • F91...

  • “the successor company” and “the transfer date” have the meanings given by section 60(1) above;

  • F91...

  • F91...

  • F91...

  • F91...

  • F91...

F822

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F823

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C7C84

Any power conferred on the Secretary of State by this Act to give a direction if it appears to him to be requisite or expedient to do so in the interests of national security or relations with the government of a country or territory outside the United Kingdom includes power to give the direction if it appears to him to be requisite or expedient to do so in order—

a

to discharge, or facilitate the discharge of, an obligation binding on Her Majesty’s Government in the United Kingdom by virtue of it being a member of an international organisation or a party to an international agreement;

b

to attain, or facilitate the attainment of, any other objects the attainment of which is, in the Secretary of State’s opinion, requisite or expedient in view of Her Majesty’s Government in the United Kingdom being a member of such an organisation or a party to such an agreement; or

c

to enable Her Majesty’s Government in the United Kingdom to become a member of such an organisation or a party to such an agreement.

C7C85

For the purposes of any licence granted, approval given or order made under this Act any description or class may be framed by reference to any circumstances whatsoever.

107 Application to territorial waters and the continental shelf etc.

1

F83An Order in Council under F84section 11 of the Petroleum Act 1998 (application of civil law) may make provision for treating for the purposes of this Act and subordinate legislation made under it—

a

any installation in waters to which that section applies and with respect to which provision is made under that section; and

b

any waters within five hundred metres of such an installation,

as if they were situated in such part of the United Kingdom as may be specified in the Order; and different provision may be so made for different purposes.

2

F83In section 6 of the M7Continental Shelf Act 1964 (which makes, in relation to the M8Wireless Telegraphy Act 1949 and regulations made under it, provision corresponding to that made by subsection (1) above) for the words “an area or part” there shall be substituted the words “ waters to which that section applies and ”.

F853

In relation to any time before the coming into force of the said section 23, subsection (1) above shall have effect as if—

a

for the words “section 23 of the Oil and Gas (Enterprise) Act 1982” there were substituted the words “ section 3 of the Continental Shelf Act 1964 ”; and

b

for the words “waters to which that section applies and” there were substituted the words “ an area or part ”.

4

F83In this section—

  • “installation” includes any floating structure or device maintained on a station by whatever means;

  • “subordinate legislation” has the same meaning as in the M9Interpretation Act 1978.

C9108 Extension to the Isle of Man and the Channel Islands.

Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall extend to the Isle of Man or any of the Channel Islands with such exceptions, adaptations and modifications as may be so specified.

109 Amendments, transitional provisions and repeals.

1

The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).

2

F86The Secretary of State may by order make such consequential modifications of any provision contained in any Act (whether public general or local) passed, or subordinate legislation made, before the coming into force of the relevant provision of this Act as appear to him necessary or expedient in respect of—

a

any reference in that Act or subordinate legislation to British Telecommunications;

b

any reference in that Act or subordinate legislation to an enactment contained in the Telegraph Acts 1863 to 1916; or

c

any use in that Act or subordinate legislation of terminology used in the Telegraph Acts 1863 to 1916 but not in the telecommunications code contained in Schedule 2 to this Act.

3

F86The Secretary of State may by order—

a

repeal or amend any enactment in a local Act which appears to him to be unnecessary having regard to the provisions of this Act or to be inconsistent with any provision of this Act; or

b

repeal any enactment in a local telegraph Act which appears to him to be spent or no longer of practical utility.

4

The general transitional provisions and savings contained in Schedule 5 to this Act F87and the special transitional provisions with respect to patents for inventions and registered designs contained in Schedule 6 to this Act shall have effect; but those provisions and savings are without prejudice to sections 16 and 17 of the M10Interpretation Act 1978 (effect of repeals).

5

F86If it appears to the Secretary of State requisite or expedient to do so in order to secure that telecommunication services provided before the appointed day by means of any existing apparatus continue to be available after the appointed day, he may by order make provision with respect to the terms on which existing apparatus is kept installed on any premises; and such an order may, in particular—

a

provide for the terms of agreements in pursuance of which existing apparatus is kept installed on any premises to have effect with such modifications as may be specified in the order;

b

impose obligations in relation to existing apparatus on persons who own or use such apparatus or who own interests in, or occupy, premises where such apparatus is kept installed; and

c

provide, for the purposes of any provision contained in such an order by virtue of paragraph (a) or (b) above, for such questions arising under the order as are specified in the order, or are of a description so specified, to be referred to, and determined by, the Director.

C10C116

F86The enactments mentioned in Schedule 7 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

7

F86In this section—

  • “existing apparatus” means any telecommunication apparatus (within the meaning of Schedule 2 to this Act) which—

    1. a

      was installed on any premises before the appointed day, and

    2. b

      cannot, after the appointed day, be kept installed there by virtue of any right which is or may be conferred by or in accordance with the telecommunications code;

  • “local telegraph Act” means a local Act which incorporated a telegraph company or the Bill for which was promoted by such a company; and

  • “subordinate legislation” has the same meaning as in the M11Interpretation Act 1978.

110 Short title, commencement and extent.

C12C131

This Act may be cited as the Telecommunications Act 1984.

P12

The following provisions of this Act, namely—

  • sections 2 to 4;

  • Parts II to IV;

  • sections 93 to 95;

  • sections 97 to 99;

  • sections 101 to 103;

  • section 106;

  • section 109(1) and Schedule 4;

  • section 109(2), (3) and (7);

  • Part I of Schedule 5 and section 109(4) so far as relating to that Part; and

  • Part I of Schedule 7 and section 109(6) so far as relating to that Part,

shall come into force on the appointed day.

P23

The following provisions of this Act, namely—

  • Part V;

  • Part II of Schedule 5 and Schedule 6 and section 109(4) so far as relating to that Part and that Schedule; and

  • Part II of Schedule 7 and section 109(6) so far as relating to that Part,

shall come into force on the transfer date.

P34

Part III of Schedule 7 and section 109(6) so far as relating to that Part shall come into force on the dissolution of British Telecommunications.

P45

Subject to subsections (2) to (4) above, this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.

6

This Act extends to Northern Ireland.