SCHEDULES

SCHEDULE 17Minor and Consequential Amendments

Section 406

Interpretation

1

(1)

In any Act or instrument amended by this Schedule—

“communications service” means any of the following services—

(a)

an electronic communications service;

(b)

the provision of directory information by means of an electronic communications network for the purpose of facilitating the use of an electronic communications service provided by means of that network;

(c)

the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of apparatus which is or is to be connected to an electronic communications network;

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of this Act;

“electronic communications code network” means—

(a)

so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106; and

(b)

an electronic communications network which the Secretary of State or a Northern Ireland department is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106;

“electronic communications network” and “electronic communications service” each has the same meaning as in this Act;

“former PTO” means a person—

(a)

who is a provider of a public electronic communications network or a public electronic communications service which, immediately before the date on which the repeal by this Act of section 7 of the Telecommunications Act 1984 (c. 12) comes into force, was designated as a public telecommunication system under section 9 of that Act; and

(b)

who, immediately before that date, was authorised to provide that network or service by a licence to which section 8 of that Act applied;

“operator”, in relation to an electronic communications code network, means—

(a)

the electronic communications code operator providing that network; or

(b)

the Secretary of State or a Northern Ireland department, to the extent that they are providing or proposing to provide that network;

“provide” and cognate expressions, in relation to an electronic communications network, an electronic communications service or associated facilities, are to be construed in accordance with section 32(4) of this Act;

“public electronic communications network” and “public electronic communications service” each has the same meaning as in Chapter 1 of Part 2 of this Act.

(2)

In this paragraph—

(a)

“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system shall be construed in accordance with paragraph 1(3A) of that code;

(b)

“electronic communications code”, “electronic communications code network”, “electronic communications code operator”, “public electronic communications network” and “public electronic communications service” each has the meaning given in sub-paragraph (1).

Official Secrets Act 1911

2

For the purposes of the Official Secrets Act 1911 (c. 28), any electronic communications station or office belonging to, or occupied by, the provider of a public electronic communications service shall be a prohibited place.

Law of Property Act 1925

3

F1In section 194(4) of the Law of Property Act 1925 (c. 20) (exceptions from restrictions on inclosure of commons), for the words from “telecommunication apparatus” onwards there shall be substituted “ electronic communications apparatus installed for the purposes of an electronic communications code network. ”

Public Health Act 1925

4

In section 10 of the Public Health Act 1925 (c. 71) (Crown application), for the words from “telecommunication apparatus” to “system” there shall be substituted “ electronic communications apparatus kept installed for the purposes of an electronic communications code network ”.

London Overground Wires, etc Act 1933

5

(1)

The London Overground Wires, etc. Act 1933 (c. xliv) shall be amended as follows.

(2)

In section 11 (saving for safety regulations), for “any telecommunication apparatus made” there shall be substituted “ any electronic communications apparatus made ”.

(3)

In section 14 (savings in respect of telecommunications code system)—

(a)

for “telecommunication apparatus kept installed for the purposes of a telecommunications code system” there shall be substituted “ electronic communications apparatus kept installed for the purposes of an electronic communications code network ”;

(b)

for the words from “conferred by” onwards there shall be substituted “ conferred by or in accordance with the electronic communications code on the operator of any such network. ”

Wireless Telegraphy Act 1949

F26

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F27

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F28

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F29

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F210

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F211

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F212

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F213

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F214

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F215

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F216

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F217

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F218

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Coast Protection Act 1949

19

In section 47 of the Coast Protection Act 1949 (c. 74) (savings), in paragraph (b), for the words from “the telecommunications code” to “system” there shall be substituted “ the electronic communications code on the operator of an electronic communications code network ”.

National Parks and Access to the Countryside Act 1949

20

(1)

The National Parks and Access to the Countryside Act 1949 (c. 97) shall be amended as follows.

(2)

In section 20(2) (byelaws for protection of nature reserves not to interfere with certain rights)—

(a)

for “the running of a telecommunications code system” there shall be substituted “ the provision of an electronic communications code network ”;

(b)

for “the telecommunications code” there shall be substituted “ the electronic communications code ”;

(c)

for “such system” there shall be substituted “ such network ”.

(3)

In section 60(5)(f) (exceptions from rights of public where access agreement etc. in force), for “or a telecommunications code system” there shall be substituted “ or an electronic communications code network ”.

London County Council (General Powers) Act 1949

21

In section 7(6) of the London County Council (General Powers) Act 1949 (c. lv) (interference by works etc. for provision of heat), for “telecommunication apparatus kept installed for the purposes of a telecommunications code system” there shall be substituted “ electronic communications apparatus kept installed for the purposes of an electronic communications code network ”.

Local Government (Miscellaneous Provisions) Act 1953

22

(1)

Section 6 of the Local Government (Miscellaneous Provisions) Act 1953 (c. 26) (supplementary provisions as to omnibus shelters etc.) shall be amended as follows.

(2)

For “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”.

(3)

In subsection (1)—

(a)

for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;

(b)

for “that system” there shall be substituted “ that network ”.

(4)

In subsection (2), for “system” there shall be substituted “ network ”.

Army Act 1955

23

In section 44B(1)(b) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) (interference etc. with equipment, messages or signals), for “a telecommunication system” there shall be substituted “ an electronic communications network ”.

Air Force Act 1955

24

In section 44B(1)(b) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (interference etc. with equipment, messages or signals), for “a telecommunication system” there shall be substituted “ an electronic communications network ”.

Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955

25

In section 17(2) of the Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955 (c. 15 (N.I.)) (application of paragraph 23 of telecommunications code)—

(a)

for “the telecommunications code” there shall be substituted “ the electronic communications code ”;

(b)

for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.

Naval Discipline Act 1957

26

In section 29B(1)(b) of the Naval Discipline Act 1957 (c. 53) (interference etc. with equipment, messages or signals), for “a telecommunication system” there shall be substituted “ an electronic communications network ”.

Opencast Coal Act 1958

27

(1)

In section 45 of the Opencast Coal Act 1958 (c. 69) (saving for apparatus installed for the purposes of telecommunications code system)—

(a)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(b)

for “a telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(c)

for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;

(d)

for “that system” there shall be substituted “ that network ”.

Pipe-lines Act 1962

28

In section 40 of the Pipe-lines Act 1962 (c. 58) (avoidance of interference with telecommunications code systems)—

(a)

for “telecommunication apparatus”, in both places, there shall be substituted “ electronic communications apparatus ”;

(b)

for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;

(c)

for “such system” there shall be substituted “ such network ”;

(d)

for “the telecommunications code” there shall be substituted “ the electronic communications code ”.

London County Council (General Powers) Act 1963

29

In section 17(4)(a) of the London County Council (General Powers) Act 1963 (c. xvii) (interference from provision of illuminations, floodlighting, etc.), for “telecommunication apparatus kept installed for the purposes of a telecommunications code system” there shall be substituted “ electronic communications apparatus kept installed for the purposes of an electronic communications code network ”.

Harbours Act 1964

30

In section 53 of the Harbours Act 1964 (c. 40) (application of telecommunications code for certain works)—

(a)

for “telecommunications code” there shall be substituted “ electronic communications code ”;

(b)

for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.

New Towns Act (Northern Ireland) 1965

31

(1)

Section 25 of the New Towns Act (Northern Ireland) 1965 (c. 13 (N.I.)) shall be amended as follows.

(2)

In subsections (9A), (9C) and (9D)—

(a)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(b)

for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;

(c)

for “that system” there shall be substituted “ that network ”;

(d)

for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”.

(3)

In subsection (9B) for “any telecommunications code system” there shall be substituted “ any electronic communications code network ”.

Marine, &c., Broadcasting (Offences) Act 1967

F332

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F333

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F334

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F335

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F336

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Wireless Telegraphy Act 1967

F337

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F338

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39

In section 13(1) of that Act (regulations and order to be made by statutory instrument), for “or orders under” there shall be substituted “ under Part 1 of ”.

Countryside Act 1968

40

(1)

The Countryside Act 1968 (c. 41) shall be amended as follows.

(2)

In section 41 (exceptions from powers to make byelaws etc.), in subsections (4) and (12)—

(a)

for “the running of a telecommunications code system” there shall be substituted “ the provision of an electronic communications code network ”;

(b)

for “the telecommunications code” there shall be substituted “ the electronic communications code ”;

(c)

for “such system” there shall be substituted “ such network ”.

(3)

In paragraph 6 of Schedule 2 (exceptions from procedure for taking common land)—

(a)

for “the telecommunications code” there shall be substituted “ the electronic communications code ”;

(b)

for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”.

Greater London Council (General Powers) Act 1969

41

In section 7(6) of the Greater London Council (General Powers) Act 1969 (c. lii) (effect of exercise of power to stop up streets)—

(a)

for “the telecommunications code” there shall be substituted “ the electronic communications code ”;

(b)

for “telecommunications code system” there shall be substituted “ electronic communications code network ”.

Harbours Act (Northern Ireland) 1970

42

In section 37 of the Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.)) (application of telecommunications code for certain works)—

(a)

for “telecommunications code” there shall be substituted “ electronic communications code ”;

(b)

for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.

Thames Barrier and Flood Prevention Act 1972

43

In section 20(1)(a) of the Thames Barrier and Flood Prevention Act 1972 (c. xlv)(power to make subsidiary works etc.), for “telecommunication installations” there shall be substituted “ electronic communications installations ”.

Fair Trading Act 1973

44

In section 137(3) of the Fair Trading Act 1973 (c. 41) (meaning of “supply of services”), for paragraph (f) there shall be substituted—

“(f)

includes the making of arrangements, by means of such an agreement as is mentioned in paragraph 29 of Schedule 2 to the Telecommunications Act 1984, for the sharing of the use of any electronic communications apparatus, and”.

Drainage (Northern Ireland) Order 1973

45

In paragraph 3 of Schedule 9 to the Drainage (Northern Ireland) Order 1973 (S.I. 1973/69 (N.I. 1))—

(a)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(b)

for “a telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(c)

for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ electronic communications code ”;

(d)

for “any such system” and “that system” there shall be substituted, respectively, “ any such network ” and “ that network ”.

Water and Sewerage Services (Northern Ireland) Order 1973

46

F4(1)

In Article 57A(3)(b) of the Water and Sewerage Services (Northern Ireland) Order 1973 (S.I. 1973/70 (N.I. 2)) (civil liability of Department for escapes of water)—

(a)

for “telecommunications code” there shall be substituted “ electronic communications code ”;

(b)

for “a telecommunication system” there shall be substituted “ an electronic communications network ”.

(2)

In Article 58(1) of that Order (protection for telegraph and telephone lines), for “telecommunications” there shall be substituted “ electronic communications ”.

Consumer Credit Act 1974

47

In section 16(6) of the Consumer Credit Act 1974 (c. 39) (exempt agreements) for “public telecommunications operator specified in the order” there shall be substituted “ provider of a public electronic communications service who is specified in the order ”.

House of Commons Disqualification Act 1975

48

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), in the appropriate place, there shall be inserted— “ Seirbheis nam Meadhanan Gàidhlig ”.

Northern Ireland Assembly Disqualification Act 1975

49

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), in the appropriate place, there shall be inserted— “ Seirbheis nam Meadhanan Gàidhlig ”.

Welsh Development Agency Act 1975

50

(1)

Section 19 of the Welsh Development Agency Act 1975 (c. 70) (the Agency and the media) shall be amended as follows.

(2)

In subsection (9), for “the appropriate authority”, in both places, there shall be substituted “ the Office of Communications ”.

(3)

In subsection (11), in the definition of “relevant licence” for “the Independent Television Commission or the Radio Authority” there shall be substituted “ the Office of Communications ”.

Building Regulations (Northern Ireland) Order 1979

51

In paragraph 14 of Schedule 1 to the Building Regulations (Northern Ireland) Order 1979 (S.I. 1979/1709 (N.I. 16)) (building regulations), for “telecommunications services” there shall be substituted “ communications services ”.

Local Government, Planning and Land Act 1980

52

(1)

Part 3 of Schedule 28 to the Local Government, Planning and Land Act 1980 (c. 65) (provisions about land acquired by urban development corporations) shall be amended as follows.

(2)

In paragraphs 5, 6, 13, 14 and 16—

(a)

for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;

(b)

for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(c)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(d)

for “such system” and “the system”, wherever occurring, there shall be substituted, respectively, “ such network ” and “ the network ”.

Highways Act 1980

53

In section 35(11)(c) and (12) of the Highways Act 1980 (c. 66) (regulation of rights to maintain apparatus on walkways), for “telecommunications code systems” there shall be substituted “ electronic communications code networks ”.

54

In section 115D of that Act (limits on powers to restrict access to highways), for paragraph (d) there shall be substituted—

“(d)

as to prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.”

55

In section 142(5) of that Act (protection of telecommunications apparatus by conditions in licences to plant trees etc. in a highway), for “telecommunications code systems” there shall be substituted “ electronic communications code networks ”.

56

(1)

This paragraph applies to the following provisions of that Act—

(a)

the definition of “statutory undertakers” in section 144(6) (power to erect flagpoles etc. on highways);

(b)

the definition of “statutory undertakers” in section 169(4) (control of scaffolding on highways);

(c)

the definition of “statutory undertakers” in section 170(3) (control of mixing mortar etc. on highways);

(d)

section 177(4) and (12) (licence to build over highway not to interfere with telecommunications code systems);

(e)

section 178(5) (exceptions to restriction on placing rails etc. over highways);

(f)

section 329(4A) (interpretation);

(g)

section 334 (savings for operators of telecommunications code systems).

(2)

In the provisions to which this paragraph applies—

(a)

for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(b)

for “the telecommunications code system” there shall be substituted “ the electronic communications code network ”;

(c)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(d)

for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ electronic communications code ”;

(e)

for “system”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ network ”.

New Towns Act 1981

57

(1)

This paragraph applies to the following provisions of the New Towns Act 1981 (c. 64)—

(a)

section 16(2) (exception to extinguishment of rights over land compulsorily acquired);

(b)

section 19(2) (saving from the power to override certain rights);

(c)

section 24 (apparatus kept installed for purposes of telecommunications code system);

(d)

section 26(8) (extinguishment of rights of way and removal of apparatus);

(e)

section 39(7) (power of development corporation to transfer undertakings).

(2)

In the provisions to which this paragraph applies—

(a)

for “in accordance with the telecommunications code”, wherever occurring, there shall be substituted “ in accordance with the electronic communications code ”;

(b)

for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(c)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(d)

for “the running of the telecommunications code system” there shall be substituted “ the provision of the electronic communications code network ”;

(e)

for “the running of such a system” there shall be substituted “ the provision of such a network ”;

(f)

for “such system” and “the system”, wherever occurring, there shall be substituted, respectively, “ such network ” and “ the network ”.

Acquisition of Land Act 1981

58

(1)

The Acquisition of Land Act 1981 (c. 67) shall be amended as follows.

(2)

In section 28 (acquisition of land by the creation of new rights), after paragraph (h) there shall be inserted—

“(i)

paragraph 3(3) of Schedule 4 to the Communications Act 2003.”

(3)

In section 32(6A) (exception to power to extinguish certain public rights of way)—

(a)

for the words from “telecommunication apparatus” to “telecommunications code system” there shall be substituted “ electronic communications apparatus kept installed for the purposes of an electronic communications code network ”; and

(b)

in paragraph (a), for “system” there shall be substituted “ network ”.

Housing (Northern Ireland) Order 1981

59

In Article 159A of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)) (application of telecommunications code to the Northern Ireland Housing Executive)—

(a)

for “telecommunications code”, wherever occurring, there shall be substituted “ electronic communications code ”;

(b)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(c)

for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;

(d)

for “that system” there shall be substituted “ that network ”.

Civil Aviation Act 1982

60

In section 48(7)(b) of the Civil Aviation Act 1982 (c. 16) (Secretary of State to give notice of orders stopping up highways for civil aviation purposes), for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”.

Representation of the People Act 1983

61

In section 92(1)(c) of the Representation of the People Act 1983 (c. 2) (broadcasting from outside the United Kingdom), for “the Independent Television Commission or the Radio Authority” there shall be substituted “ the Office of Communications ”.

62

(1)

Section 93 of that Act (broadcasting of local items during election period) shall be amended as follows.

(2)

In subsection (4), for the words from the beginning to “each” there shall be substituted “ The Office of Communications shall ”.

(3)

In subsection (6)—

(a)

in the definition of “broadcasting authority”, for “the Independent Television Commission, the Radio Authority” there shall be substituted “ the Office of Communications ”;

(b)

in the definition of “relevant services”, for paragraphs (b) and (c) there shall be substituted—

“(b)

in relation to the Office of Communications, means services licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.”

Telecommunications Act 1984

63

(1)

Sections 44 to 46 of the Telecommunications Act 1984 (c. 12) (offences relating to modification and interception of messages and to assaults on the persons engaged on the business of a telecommunications operator) shall cease to have effect.

(2)

No proceedings shall be capable of being begun at any time after the commencement of this paragraph for any offence under any of those sections which was committed before the commencement of this paragraph.

(3)

Any proceedings for an offence under any of those sections which have been begun before the commencement of this paragraph but in which there has not yet been a conviction must be discontinued immediately.

F564

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F565

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F566

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F567

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F568

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F569

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70

(1)

Section 94 of that Act (directions in the interests of national security) shall be amended as follows.

(2)

In subsection (1), for “requisite or expedient” there shall be substituted “ necessary ”.

(3)

In subsection (2), for “requisite or expedient” there shall be substituted “ necessary ”.

(4)

After subsection (2), there shall be inserted—

“(2A)

The Secretary of State shall not give a direction under subsection (1) or (2) unless he believes that the conduct required by the direction is proportionate to what is sought to be achieved by that conduct.”

(5)

In subsection (3), for “this Act” there shall be substituted “ Part 1 or Chapter 1 of Part 2 of the Communications Act 2003 and, in the case of a direction to a provider of a public electronic communications network, notwithstanding that it relates to him in a capacity other than as the provider of such a network ”.

(6)

In subsection (6), for “public telecommunications operators” there shall be substituted “ providers of public electronic communications networks ”.

(7)

In subsection (8), for the words from “the Director” onwards there shall be substituted “ OFCOM and to providers of public electronic communications networks. ”

71

(1)

Section 98 of that Act (use of conduits for telecommunications purposes) shall be amended as follows.

(2)

In subsection (1), for the words “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”.

(3)

In subsection (5)(a), for the words “telecommunication purposes” there shall be substituted “ the purposes of any electronic communications network or of any electronic communications service ”.

72

(1)

Section 101 of that Act (general restrictions on disclosure of information) shall be amended as follows.

F6(2)

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

(3)

In subsection (2)(a)—

(a)

the words “or transferred”shall be omitted; and

(b)

for the words “, the Director or the Commission by or under this Act” there shall be substituted “ or OFCOM by or under this Act (except functions assigned by or under Part 6) ”.

(4)

In subsection (2)(b), after “the Rail Regulator” there shall be inserted “ , OFCOM ”.

(5)

In subsection (3), after paragraph (p) there shall be inserted—

“(q)

the Communications Act 2003 (excluding the provisions of that Act which are enactments relating to the management of the radio spectrum within the meaning of that Act).”

(6)

Subsection (4) shall cease to have effect.

(7)

In subsection (6), for “the Director” there shall be substituted “ OFCOM ”.

73

In section 104 of that Act (orders and schemes), after subsection (1) there shall be inserted—

“(1A)

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)

The approval of the Secretary of State is required for the making by OFCOM of an order under section 85 or 86 above.

(1C)

A statutory instrument containing an order made by OFCOM under section 85 or 86 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

74

In section 106(1) of that Act (general interpretation), after the definition of “modifications” there shall be inserted—

““OFCOM” means the Office of Communications;”.

75

In paragraph 18(2) of Schedule 2 to that Act (notices affixed to overhead apparatus), for “paragraph 24(4)(a)” there shall be substituted “ paragraph 24(2A)(a) ”.

Cinemas Act 1985

76

In section 21(1) of the Cinemas Act 1985 (c. 13) (interpretation), for the definition of “film exhibition” there shall be substituted—

““film exhibition” means any exhibition of moving pictures other than an exhibition of items included in a programme service (within the meaning of the Communications Act 2003) that is being simultaneously received (or virtually so) by the exhibitor”.

Surrogacy Arrangements Act 1985

77

In section 3 of the Surrogacy Arrangements Act 1985 (c. 49) (advertisements about surrogacy), for “a telecommunication system”, wherever occurring, there shall be substituted “ an electronic communications network ”.

Bankruptcy (Scotland) Act 1985

78

(1)

Section 70 of the Bankruptcy (Scotland) Act 1985 (c. 66) (supplies by utilities) shall be amended as follows.

(2)

In subsection (4), for paragraph (d) there shall be substituted—

“(d)

a supply of communications services by a provider of a public electronic communications service.”

(3)

For subsection (5) there shall be substituted—

“(5)

In subsection (4), “communications services” do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003).”

Housing Act 1985

79

(1)

The Housing Act 1985 (c. 68) shall be amended as follows.

(2)

In section 295(2)(b) (extinguishment of other rights over land acquired), for “telecommunications systems” there shall be substituted “ electronic communications networks ”.

(3)

In section 298(2) and (3) (telecommunications apparatus)—

(a)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(b)

for “a telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(c)

for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;

(d)

for “the system” and “a system” there shall be substituted, respectively, “ the network ” and “ a network ”.

Airports Act 1986

80

In section 62 of the Airports Act 1986 (c. 31) (provisions as to telecommunication apparatus)—

(a)

for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;

(b)

for “telecommunication apparatus” and “telecommunications apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(c)

for “a telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(d)

in subsection (3), for “that system” there shall be substituted “ that network ”.

Gas Act 1986

81

In section 4AA(4)(b) of the Gas Act 1986 (c. 44) (general duties of Secretary of State and Authority), for sub-paragraph (i) there shall be substituted—

“(i)

communications services and electronic communications apparatus, or”.

Insolvency Act 1986

82

(1)

The Insolvency Act 1986 (c. 45) shall be amended as follows.

(2)

In section 233 (supplies of telecommunications services etc. in cases of administration or liquidation)—

(a)

in subsection (3), for paragraph (d) there shall be substituted—

“(d)

a supply of communications services by a provider of a public electronic communications service.”;

(b)

in subsection (5), for paragraph (d) there shall be substituted—

“(d)

“communications services” do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003).”

(3)

In section 372 (supplies of telecommunications services etc. in cases of bankruptcy)—

(a)

in subsection (4), for paragraph (d) there shall be substituted—

“(d)

a supply of communications services by a provider of a public electronic communications service.”;

(b)

in subsection (5), for paragraph (c) there shall be substituted—

“(c)

“communications services” do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003).”

(4)

In Schedule 2A (exceptions to prohibition on appointment of administrative receiver), in paragraph 10, after sub-paragraph (2) there shall be inserted—

“(2A)

For the purposes of section 72D a business is also regulated to the extent that it consists in the provision of a public electronic communications network or a public electronic communications service.”

Company Directors Disqualification Act 1986

83

In section 9E(2) of the Company Directors Disqualification Act 1986 (c. 46) (interpretation), for paragraph (a) there shall be substituted—

“(a)

the Office of Communications;”.

Channel Tunnel Act 1987

84

For section 32 of the Channel Tunnel Act 1987 (c. 53), there shall be substituted—

“32Exclusion of rights under electronic communications code

No rights shall be exercisable by any person by virtue of the electronic communications code in relation to any land comprised in the tunnel system and lying in or under the bed of the sea.”

85

In paragraph 3(2)(b) of Schedule 2 to that Act (supplementary provisions as to scheduled works etc.), for “telecommunications” there shall be substituted “ electronic communications ”.

86

(1)

Part 10 of Schedule 7 to that Act (protection of telecommunications operators) shall be amended as follows.

(2)

In paragraph 1(1), for “a telecommunications operator” there shall be substituted “ an operator of an electronic communications code network ”.

(3)

In paragraphs 2 to 7—

(a)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(b)

for “a telecommunications code system”, “a telecommunication system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(c)

for “that telecommunications system” there shall be substituted “ that network ”;

(d)

for “the telecommunications operator”, wherever occurring, there shall be substituted “ the operator ”;

(e)

for “any telecommunications operator”, wherever occurring, there shall be substituted “ any operator of an electronic communications code network ”;

(f)

for “a system” and “that system”, wherever occurring, there shall be substituted, respectively, “ a network ” and “ that network ”;

(g)

for “the system”, wherever occurring, there shall be substituted “ the electronic communications code network ”.

Consumer Protection (Northern Ireland) Order 1987

87

(1)

Article 29 of the Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20)) (restrictions on disclosure of information) shall be amended as follows.

(2)

In paragraph (3), after sub-paragraph (n), there shall be inserted—

“(o)

the Communications Act 2003.”

(3)

In paragraph (6) for “the Director General of Telecommunications” there shall be substituted “ the Office of Communications ”.

Income and Corporation Taxes Act 1988

88

In section 567(2)(b) of the Income and Corporation Taxes Act 1988 (c. 1) (meaning of “construction operations”), for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.

Norfolk and Suffolk Broads Act 1988

89

In section 25(1) of the Norfolk and Suffolk Broads Act 1988 (c. 4) (interpretation), in the definition of “statutory undertaker”, for paragraph (d) there shall be substituted—

“(d)

any electronic communications code operator;”.

Malicious Communications Act 1988

90

In section 1(2A)(a) of the Malicious Communications Act 1988 (c. 27) (offence of sending electronic communications with intent to cause distress or anxiety), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.

Housing Act 1988

94

(1)

Part 2 of Schedule 10 to the Housing Act 1988 (c. 50) (provisions about land acquired by a housing action trust) shall be amended as follows.

(2)

In paragraphs 4, 5, 11, 12 and 14—

(a)

for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;

(b)

for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(c)

for “telecommunications apparatus” and “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(d)

for “such system” and “the system”, wherever occurring, there shall be substituted, respectively, “ such network ” and “ the network ”.

Road Traffic Act 1988

95

In section 21(3)(b) of the Road Traffic Act 1988 (c. 52) (exception from prohibition of driving etc on cycle tracks for statutory undertakers), for the words from “a telecommunications code system” to “1984)” there shall be substituted “ an electronic communications code network ”.

Water Act 1989

96

(1)

Section 174 of the Water Act 1989 (c. 15) (general restrictions on disclosure of information) be amended as follows.

(2)

In subsection (2)(d), for sub-paragraph (iv) there shall be substituted—

“(iv)

the Office of Communications;”.

(3)

In subsection (3), after paragraph (ln) there shall be inserted—

“(lo)

the Communications Act 2003;”.

Road Traffic (Driver Licensing and Information Systems) Act 1989

97

(1)

The Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22) shall be amended as follows.

(2)

For section 9(3) (requirement for licence to operate driver information systems) there shall be substituted—

“(3)

The holding by a person of a licence under this section shall not relieve him of—

(a)

any liability in respect of a failure to hold a licence under section 1 of the Wireless Telegraphy Act 1949; or

(b)

any obligation to comply with requirements imposed by or under Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and electronic communications services).”

(3)

In paragraph 4 of Schedule 4 (application of telecommunications code to licence holders), for the words “(application of telecommunications code)” there shall be substituted “ (procedure for works involving alteration of electronic communications apparatus) ”.

(4)

In paragraph 8 of Schedule 5 (undertakers' works affecting driver information systems)—

(a)

in the definition of “relevant undertaker”, for paragraph (b) there shall be substituted—

“(b)

any electronic communications code operator;”;

(b)

in the definition of “undertaker’s works”, in paragraph (b), for “a telecommunication system run by him” there shall be substituted “ an electronic communications code network provided by him ”.

Electricity Act 1989

98

In section 3A(4)(b) of the Electricity Act 1989 (c. 29) (general duties of Secretary of State and Authority), for sub-paragraph (i) there shall be substituted—

“(i)

communications services and electronic communications apparatus, or”.

99

(1)

Schedule 4 to that Act (other powers etc. of licence holders) shall be amended as follows.

(2)

In paragraphs 3(1)(d) and 5—

(a)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(b)

for “a telecommunication system” there shall be substituted “ an electronic communications code network ”; and

(c)

for “telecommunications code”, wherever occurring, there shall be substituted “ electronic communications code ”.

(3)

In paragraph 4(1), for paragraph (c) there shall be substituted—

“(c)

any electronic communications code operator or any former PTO; and”.

Local Government and Housing Act 1989

100

In section 88(1)(e)(i) of the Local Government and Housing Act 1989 (c. 42) (electronic communication), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.

Insolvency (Northern Ireland) Order 1989

101

(1)

The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) shall be amended as follows.

(2)

In Article 197(3) (supplies of water, electricity, etc.) for sub-paragraph (c) to the end there shall be substituted—

“(c)

a supply of communications services by a provider of a public electronic communications service,

and in this paragraph “communications services” do not include electronic communications services to the extent that they are used to broadcast or transmit programme services (within the meaning of the Communications Act 2003). ”

(3)

In Article 343(4) (supplies of water, electricity, etc.) for sub-paragraph (c) to the end there shall be substituted—

“(c)

a supply of communications services by a provider of a public telecommunications service,

and in this paragraph ‘communications services’ do not include electronic communications services to the extent that they are used to broadcast or transmit programme services (within the meaning of the Communications Act 2003). ”

Town and Country Planning Act 1990

102

In section 148(1) of the Town and Country Planning Act 1990 (c. 8) (interpretation of Chapter 1), in the definition of “statutory undertakers”, for “public telecommunications operators” there shall be substituted “ electronic communications code operators and former PTOs ”.

103

(1)

This paragraph applies to the following provisions of that Act—

(a)

section 236(2) (exception to extinguishment of rights over land compulsorily acquired);

(b)

section 237(3) (saving from power to override certain rights);

(c)

section 256 (Secretary of State’s orders affecting telecommunications apparatus);

(d)

section 260 (orders by other authorities affecting telecommunication apparatus);

(e)

section 272 (extinguishment of rights of telecommunications code system operators);

(f)

section 273(7) and (8) (notices given to developing authority);

(g)

section 274(2) (making of orders);

(h)

section 279(3) (right to compensation).

(2)

In each of the provisions to which this paragraph applies—

(a)

for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ electronic communications code ”;

(b)

for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(c)

for “telecommunications apparatus” and “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(d)

for “the telecommunications code system”, wherever occurring, there shall be substituted “ the electronic communications code network ”;

(e)

for “system”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ network ”.

104

In section 280 of that Act (measures of compensation)—

(a)

for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;

(b)

for “the running of the telecommunications code system”, wherever occurring, there shall be substituted “ the provision of the electronic communications code network ”.

105

In paragraph 1(a) of Schedule 13 to that Act (blighted land), for sub-paragraph (ii) there shall be substituted—

“(ii)

of the provision by an electronic communications code operator of an electronic communications code network or the provision by a former PTO of a public electronic communications network or a public electronic communications service, or”.

Planning (Listed Buildings and Conservation Areas) Act 1990

106

(1)

The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) shall be amended as follows.

(2)

In section 51(2) (saving for ending of rights over land compulsorily acquired), for paragraphs (b) and (c) there shall be substituted—

“(b)

to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, or

(c)

to any electronic communications apparatus kept installed for the purposes of any such network.”

(3)

In section 91(3) (meaning of “statutory undertakers” in certain sections), in paragraph (a) for “a public telecommunications operator” there shall be substituted “ an electronic communications code operator and to a former PTO ”.

London Local Authorities (No. 2) Act 1990

107

(1)

Section 5 of the London Local Authorities (No. 2) Act 1990 (c. xxx) (crime prevention) shall be amended as follows.

(2)

For subsection (1)(b) there shall be substituted—

“(b)

providing within their area an electronic communications service which is distributed—

(i)

only to persons on a single set of premises; and

(ii)

by an electronic communications network which is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises;”.

(3)

In subsection (1)(c), for “telecommunications system” there shall be substituted “ electronic communications network or electronic communications service ”.

(4)

After subsection (4), there shall be inserted—

“(4A)

For the purposes of subsection (1)(b)—

(a)

a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and

(b)

two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.”

(5)

For subsection (5), there shall be substituted—

“(5)

In this section—

“premises” includes a vehicle; and

“vehicle” includes a vessel, aircraft or hovercraft.”

New Roads and Street Works Act 1991

108

(1)

In the New Roads and Street Works Act 1991 (c. 22)—

(a)

paragraph 7 of Schedule 4 (streets with special engineering difficulties), and

(b)

paragraph 7 of Schedule 6 (roads with special engineering difficulties),

shall be amended as follows.

(2)

For “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”.

(3)

In sub-paragraph (3)(c)—

(a)

for “a telecommunication system” there shall be substituted “ an electronic communications network ”; and

(b)

for “a system” there shall be substituted “ a network ”.

Coal Mining Subsidence Act 1991

109

In section 52(1) of the Coal Mining Subsidence Act 1991 (c. 45) (interpretation) in the definition of “statutory undertakers”, in paragraph (b) for “any public telecommunications operator” there shall be substituted “ any electronic communications code operator, any former PTO ”.

Water Industry Act 1991

110

In section 219 of the Water Industry Act 1991 (c. 56) (general interpretation), in the definition of “accessories”, for “telecommunication apparatus (within the meaning of Schedule 2 to the Telecommunications Act 1984)” there shall be substituted “ electronic communications apparatus ”.

111

(1)

Schedule 13 to that Act (protective provisions in respect of certain undertakings) shall be amended as follows.

(2)

In paragraph 1(5), for paragraph (c) there shall be substituted—

“(c)

any undertaking consisting in the provision of an electronic communications network;”.

(3)

In paragraph 4, for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.

112

(1)

Schedule 15 to that Act (disclosure of information) shall be amended as follows.

(2)

In Part 1, for “The Director General of Telecommunications” there shall be substituted “ The Office of Communications ”.

(3)

In Part 2, after the entry relating to the Enterprise Act 2002, there shall be inserted— “ The Communications Act 2003. ”

Water Resources Act 1991

113

In section 221 of the Water Resources Act 1991 (c. 57) (general interpretation), in the definition of “accessories”, for “telecommunication apparatus (within the meaning of Schedule 2 to the Telecommunications Act 1984)” there shall be substituted “ electronic communications apparatus ”.

114

(1)

Schedule 22 to that Act (general provisions protecting undertakings) shall be amended as follows.

(2)

In paragraph 1(4), for paragraph (c) there shall be substituted—

“(c)

any undertaking consisting in the provision of an electronic communications network;”.

(3)

In paragraph 5, for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.

115

(1)

Schedule 24 to that Act (disclosure of information) shall be amended as follows.

(2)

In Part 1, for “The Director General of Telecommunications” there shall be substituted “ The Office of Communications ”.

(3)

In Part 2, after the entry relating to the Enterprise Act 2002, there shall be inserted— “ The Communications Act 2003. ”

Land Drainage Act 1991

116

In paragraph 1(1) of Schedule 6 to the Land Drainage Act 1991 (c. 59) (protection for particular undertakings), for paragraph (c) there shall be substituted—

“(c)

any undertaking consisting in the provision of an electronic communications code network;”.

Planning (Northern Ireland) Order 1991

117

In Articles 103 (making of orders) and 104 (telecommunication apparatus) of the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11))—

(a)

for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”) there shall be substituted “ electronic communications code ”;

(b)

for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(c)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(d)

for “system” (except in the expression “telecommunications code system”) there shall be substituted “ network ”.

Charities Act 1992

118

In section 60(6)(c) of the Charities Act 1992 (c. 41) (making of payments to professional fund-raisers etc.), for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.

Carriage of Goods by Sea Act 1992

119

In section 1(5) of the Carriage of Goods by Sea Act 1992 (c. 50), for “a telecommunication system” there shall be substituted “ an electronic communications network ”.

Electricity (Northern Ireland) Order 1992

120

The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) shall be amended as follows.

121

In Article 61 (restrictions on disclosure of information)—

(a)

for paragraph (2)(b)(vi) there shall be substituted—

“(vi)

the Office of Communications;”;

(b)

after paragraph (3)(u) there shall be inserted—

“(v)

the Communications Act 2003;”.

122

(1)

Schedule 4 (other powers etc. of licence holders) shall be amended as follows.

(2)

In paragraph 1(1)—

(a)

for “a public telecommunications operator” there shall be substituted “ an electronic communications code operator ”;

(b)

for “telecommunication system” there shall be substituted “ electronic communications network ”.

(3)

In paragraphs 4 and 6 for “public telecommunications operator” there shall be substituted “ electronic communications code operator ”.

(4)

In paragraphs 3(1) and (2), 5(1), (2), (3) and (4), 6(1) and 9—

(a)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(b)

for “a telecommunication system”, wherever occurring, there shall be substituted “ an electronic communications network ”;

(c)

for “telecommunications code”, wherever occurring, there shall be substituted “ electronic communications code ”.

Leasehold Reform, Housing and Urban Development Act 1993

123

(1)

Part 2 of Schedule 20 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (provisions about land acquired by the Urban Regeneration Agency) shall be amended as follows.

(2)

In paragraphs 4, 5, 11, 12 and 14—

(a)

for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;

(b)

for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(c)

for “telecommunications apparatus” and “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(d)

for “such system” and “the system”, wherever occurring, there shall be substituted, respectively, “ such network ” and “ the network ”.

Cardiff Bay Barrage Act 1993

124

In Schedule 2 to the Cardiff Bay Barrage Act 1993 (c. 42) (supplementary provisions about Development Corporation works)—

(a)

in paragraph 1(c), for “telecommunication” there shall be substituted “ electronic communications ”;

(b)

in paragraph 16, for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.

125

In paragraph 3(2)(c) of Schedule 4 to that Act (exception to extinguishment of rights over land compulsorily acquired)—

(a)

for “the telecommunications code” there shall be substituted “ the electronic communications code ”;

(b)

for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”;

(c)

for “such system;” there shall be substituted “ such network. ”

126

In paragraph 21 of Schedule 7 to that Act (powers of survey etc. in connection with groundwater damage)—

(a)

in sub-paragraphs (5)(b)(ii) and (7), for “a relevant telecommunications licenceholder” there shall be substituted “ a provider of a public electronic communications network ”;

(b)

in sub-paragraphs (6) and (7), for “or licenceholder” there shall be substituted “ or provider ”;

(c)

in sub-paragraph (6), for “running of the telecommunication system” there shall be substituted “ provision of the public electronic communications network ”.

Railways Act 1993

127

(1)

Section 145 of the Railways Act 1993 (c. 43) (general restrictions on disclosure of information) be amended as follows.

(2)

In subsection (2)(b), for sub-paragraph (iv) there shall be substituted—

“(iv)

the Office of Communications,”.

(3)

In subsection (3), after paragraph (qs) there shall be inserted—

“(qt)

the Communications Act 2003;”.

Roads (Northern Ireland) Order 1993

128

(1)

This paragraph applies to the following provisions of the Roads (Northern Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15))—

(a)

Article 12(2) (road bridges over railways);

(b)

Article 70(2) (consultation on exercise of power to erect structure on road);

(c)

Article 72(2) (control of scaffolding on roads);

(d)

Article 73(2) (restriction on placing rails etc. over roads);

(e)

Article 78(2) (excavations in a road);

(f)

Article 79(2) (placing of apparatus in or under roads);

(g)

Article 82(3) (excavations near a road);

(h)

Article 83(2) (alteration of wall, fence or drain at the side of a road);

(i)

Schedule 9 (savings for telecommunications apparatus).

(2)

In each of the provisions to which this paragraph applies—

(a)

for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(b)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(c)

for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “ electronic communications code ”;

(d)

for “that system”, “any such system” and “the system”, wherever occurring, there shall be substituted, respectively, “ that network ”, “ any such network ” and “ the network ”;

(e)

for “the telecommunications code system” there shall be substituted “ the electronic communications code network ”.

Value Added Tax Act 1994

129

(1)

The Value Added Tax Act 1994 (c. 23) shall be amended as follows.

(2)

In section 33 (refunds of VAT in certain cases)—

(a)

in subsection (3), for paragraph (j) there shall be substituted—

“(j)

the appointed news provider referred to in section 280 of the Communications Act 2003; and”;

(b)

in subsection (5), for “a nominated” there shall be substituted “ an appointed ”.

(3)

In Part 2 of Schedule 9 (exemptions), in Note (1) in Group 12 (fund-raising events by charities etc.), for “a telecommunications system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.

Criminal Justice and Public Order Act 1994

130

(1)

Section 163 of the Criminal Justice and Public Order Act 1994 (c. 33) (local authority powers to provide closed-circuit television) shall be amended as follows.

(2)

For subsection (1)(b) there shall be substituted—

“(b)

providing within their area an electronic communications service which is distributed—

(i)

only to persons on a single set of premises; and

(ii)

by an electronic communications network which is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises;”.

(3)

In subsection (1)(c), for “telecommunications system” there shall be substituted “ electronic communications network or electronic communications service ”.

(4)

After subsection (3), there shall be inserted—

“(3A)

For the purposes of subsection (1)(b)—

(a)

a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and

(b)

two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.”

(5)

In subsection (4), for the definition of “telecommunications system” there shall be substituted—

““premises” includes a vehicle; and

“vehicle” includes a vessel, aircraft or hovercraft.”

Airports (Northern Ireland) Order 1994

131

In Article 12 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) (provisions as to telecommunications apparatus)—

(a)

for “telecommunications apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(b)

for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;

(c)

for “a telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(d)

in paragraph (3), for “that system” there shall be substituted “ that network ”.

Merchant Shipping Act 1995

132

In section 91(7) of the Merchant Shipping Act 1995 (c. 21) (report of dangers to navigation), in the definition of “controlled station for wireless telegraphy”—

(a)

after “Secretary of State” there shall be inserted “ or by the Office of Communications ”; and

(b)

for “by him” there shall be substituted “ by the Office of Communications ”.

Criminal Procedure (Scotland) Act 1995

133

(1)

The Criminal Procedure (Scotland) Act 1995 (c. 46) shall be amended as follows.

(2)

In section 302(9)(a) (interpretation), at the end there shall be inserted “ nor an offence to which Schedule 6 to the Communications Act 2003 (fixed penalties for wireless telegraphy offences) applies. ”

(3)

In Schedule 9 (certificates as to proof of certain routine matters), at the end there shall be inserted—“

The Communications Act 2003

Section 363(1) and (2) (offence of unauthorised installation or use of a television receiver)

A person authorised to do so by the British Broadcasting Corporation

In relation to premises at an address specified in the certificate, whether on a date so specified any television licence (for the purposes of that section) was, in records maintained on behalf of the Corporation in relation to such licences, recorded as being in force; and, if so, particulars so specified of such record of that licence.”

British Waterways Act 1995

134

In section 3(1) of the British Waterways Act 1995 (c. i) (interpretation), in the definition of “relevant undertaker”, in paragraph (f), for the words from the beginning to “in that Act)” there shall be substituted “ any provider of an electronic communications network having any electronic communications apparatus ”.

Street Works (Northern Ireland) Order 1995

135

(1)

Paragraph 7 of Schedule 2 to the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) (streets with special engineering difficulties) shall be amended as follows.

(2)

For “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”.

(3)

In sub-paragraph (3)(c)—

(a)

for “a telecommunication system” there shall be substituted “ an electronic communications network ”;

(b)

for “a system” there shall be substituted “ a network ”.

Housing Act 1996

136

In section 16(7)(a) of the Housing Act 1996 (c. 52) (use of electronic communications by tenant in exercise of right to acquire dwelling), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.

Housing Grants, Construction and Regeneration Act 1996

137

In section 105(1)(b) of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (meaning of “construction operations”), for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.

Gas (Northern Ireland) Order 1996

140

The Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) shall be amended as follows.

141

In Article 44 (restrictions on disclosure of information)—

(a)

in paragraph (3)(b), for head (vi) there shall be substituted—

“(vi)

the Office of Communications;”;

(b)

in paragraph (4), after sub-paragraph (v) there shall be inserted—

“(w)

the Communications Act 2003.”

142

(1)

Schedule 3 (other powers etc. of licence holders) shall be amended as follows.

(2)

In paragraph 1(1)—

(a)

for “a public telecommunications operator” there shall be substituted “ an electronic communications code operator ”;

(b)

for “telecommunication system” there shall be substituted “ electronic communications network ”.

(3)

In paragraphs 4 and 6 for “public telecommunications operator” there shall be substituted “ electronic communications code operator ”.

(4)

In paragraphs 3(1), (2) and (3), 5(1) and (2), 6(1) and 8—

(a)

for “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(b)

for “a telecommunication system”, wherever occurring, there shall be substituted “ an electronic communications network ”;

(c)

for “telecommunications code”, wherever occurring, there shall be substituted “ electronic communications code ”.

Construction Contracts (Northern Ireland) Order 1997

143

In Article 4(1)(b) of the Construction Contracts (Northern Ireland) Order 1997 (S.I. 1997/274 (N.I. 1)) (meaning of “construction operations”), for “telecommunication apparatus” there shall be substituted “ electronic communications apparatus ”.

Waste and Contaminated Land (Northern Ireland) Order 1997

144

In Article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) (meaning of “industrial waste” for “telecommunication services”) there shall be substituted “ communications services ”.

Wireless Telegraphy Act 1998

F8145

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

F8146

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

F8147

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

F8148

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

F8149

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

F8150

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

F8151

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

Finance Act 1998

152

In section 118(1) of the Finance Act 1998 (c. 36) (claims for income tax purposes), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications service ”.

Competition Act 1998

153

(1)

Schedule 7 to the Competition Act 1998 (c. 41) (members of Commission appointed under certain enactments) shall be amended as follows.

(2)

In paragraph 2(1)(d), for sub-paragraph (iii) there shall be substituted—

“(iii)

section 194(1) of the Communications Act 2003;”.

(3)

In paragraph 19A(9), in the definition of “special reference group”, after paragraph (n) there shall be inserted“or

(o)

section 193 of the Communications Act 2003.”

154

In paragraph 1 of Schedule 7A to that Act (procedural rules), in the definition of “special investigation”, for “and (n)” there shall be substituted “ , (n) and (o) ”.

Regional Development Agencies Act 1998

155

(1)

Schedule 6 to the Regional Development Agencies Act 1998 (c. 45) (land acquired by regional development agencies) shall be amended as follows.

(2)

In paragraphs 1, 2, 8, 9 and 11—

(a)

for “the telecommunications code”, wherever occurring, there shall be substituted “ the electronic communications code ”;

(b)

for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “ an electronic communications code network ”;

(c)

for “telecommunications apparatus” and “telecommunication apparatus”, wherever occurring, there shall be substituted “ electronic communications apparatus ”;

(d)

for “such system” and “the system”, wherever occurring, there shall be substituted, respectively, “ such network ” and “ the network ”.

Finance Act 1999

156

In section 132(10) of the Finance Act 1999 (c. 16) (power to provide for use of electronic communications), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications service ”.

Greater London Authority Act 1999

157

(1)

Section 235 of the Greater London Authority Act 1999 (c. 29) (restrictions on disclosure of information) shall be amended as follows.

(2)

In subsection (2)(c), for sub-paragraph (iv) there shall be substituted—

“(iv)

the Office of Communications,”.

(3)

In subsection (3), after paragraph (rs) there shall be inserted—

“(rt)

the Communications Act 2003;”.

Electronic Communications Act 2000

158

In section 15(1) of the Electronic Communications Act 2000 (c. 7) (general interpretation), in the definition of “electronic communication”, for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.

Television Licences (Disclosure of Information) Act 2000

159

In section 5 of the Television Licences (Disclosure of Information) Act 2000 (c. 15) (interpretation)—

(a)

for the definitions of “the BBC” and “television licence” there shall be substituted—

““the BBC” means the British Broadcasting Corporation;”;

(b)

after the definition of “prescribed” there shall be inserted—

““television licence” means a licence for the purposes of section 363 of the Communications Act 2003;”.

Finance Act 2000M

160

In paragraph 8 of Schedule 38 to the Finance Act 2000 (c. 17) (regulations for providing incentives for electronic communications), in the definition of “electronic communications”, for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications service ”.

Regulation of Investigatory Powers Act 2000

161

(1)

The Regulation of Investigatory Powers Act 2000 (c. 23) shall be amended as follows.

(2)

In section 26(6)(a) (surveillance carried out for detecting unlicensed TV use), for “section 1 of the Wireless Telegraphy Act 1949)” there shall be substituted “ Part 4 of the Communications Act 2003) ”.

(3)

In Part 1 of Schedule 1 (relevant public authorities for the purposes of sections 28 and 29 of that Act), after paragraph 23 there shall be inserted—

“23A

The Office of Communications.”

Postal Services Act 2000

162

(1)

The Postal Services Act 2000 (c. 26) shall be amended as follows.

(2)

In section 125(2)(a) (communications delivered otherwise than electronically), for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.

(3)

In paragraph 3 of Schedule 7 (disclosure of information)—

(a)

in sub-paragraph (2), for paragraph (f) there shall be substituted—

“(f)

the Office of Communications,”;

(b)

in sub-paragraph (3), after paragraph (gh) there shall be inserted—

“(gi)

the Communications Act 2003,”.

Utilities Act 2000

163

(1)

Section 105 of the Utilities Act 2000 (c. 27) (general restrictions on disclosure of information) shall be amended as follows.

(2)

In subsection (5), for paragraph (d) there shall be substituted—

“(d)

the Office of Communications;”.

(3)

In subsection (6), after paragraph (s) there shall be inserted—

“(t)

the Communications Act 2003.”

Freedom of Information Act 2000

164

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), there shall be inserted at the appropriate place—

“The Consumer Panel established under section 16 of the Communications Act 2003.”

Countryside and Rights of Way Act 2000

165

(1)

The Countryside and Rights of Way Act 2000 (c. 37) shall be amended as follows.

(2)

In section 17(4) (byelaws not to interfere with certain rights), for paragraph (c) there shall be substituted—

“(c)

with the provision of an electronic communications code network or the exercise of any right conferred by or in accordance with the electronic communications code on the operator of any such network.”

(3)

In paragraph 8 of Schedule 1 (excepted land), for “a telecommunications code system” there shall be substituted “ an electronic communications code network ”.

Transport Act 2000

166

(1)

Paragraph 3 of Schedule 9 to the Transport Act 2000 (c. 38) (air traffic information) shall be amended as follows.

(2)

In sub-paragraph (2), for paragraph (d) there shall be substituted—

“(d)

the Office of Communications;”.

(3)

In sub-paragraph (3)—

(a)

after paragraph (q) there shall be inserted—

“(qa)

the Broadcasting Act 1996;”;

(b)

after paragraph (ra) there shall be inserted—

“(rb)

the Communications Act 2003;”.

Political Parties, Elections and Referendums Act 2000

167

(1)

The Political Parties, Elections and Referendums Act 2000 (c. 41) shall be amended as follows.

(2)

In section 11(3) (broadcasters to have regard to Electoral Commission’s views on political broadcasts), for the words from “and Sianel” to “regard” there shall be substituted “ shall have regard, in determining its policy with respect to party political broadcasts, ”.

(3)

In paragraph 4(6) of Schedule 12 (broadcasters to have regard to Electoral Commission’s views on referendum campaign broadcasts), for the words from “and Sianel” to “regard” there shall be substituted “ shall have regard, in determining its policy with respect to referendum campaign broadcasts by designated organisations, ”.

Vehicles (Crime) Act 2001

168

In sections 16(2)(a), 31(2)(a) and 40(6) of the Vehicles (Crime) Act 2001 (c. 3) (transmission of representations and service of notices etc.), for “a telecommunication system (within the meaning of the Telecommunications Act 1984 (c. 12))” there shall be substituted “ an electronic communications network ”.

Criminal Justice and Police Act 2001

169

In the table in section 1(1) of the Criminal Justice and Police Act 2001 (c. 16) (offences leading to penalties on the spot), after the entry relating to section 12 of that Act there shall be inserted—“

Section 127(2) of the Communications Act 2003

Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety”.

Electronic Communications Act (Northern Ireland) 2001

170

In section 4(1) of the Electronic Communications Act (Northern Ireland) 2001 (c. 9 (N.I.)) (interpretation), in the definition of “electronic communication”, for “a telecommunication system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “ an electronic communications network ”.

Office of Communications Act 2002

171

Sections 2, 4, 5 and 6 of the Office of Communications Act 2002 (c. 11) shall cease to have effect.

172

(1)

The Schedule to that Act shall be amended as follows.

(2)

The following shall cease to have effect—

(a)

paragraph 1(4);

(b)

paragraph 8(5);

(c)

paragraph 17(8) and (9); and

(d)

paragraph 20.

(3)

For paragraph 8(1) there shall be substituted—

“(1)

It shall be the duty of OFCOM so to conduct their affairs as to secure that their revenues so far as they —

(a)

derive from the exercise of powers to impose charges or fees in respect of the carrying out of particular functions, and

(b)

do not fall to be paid into the Consolidated Fund of the United Kingdom or of Northern Ireland,

are at least sufficient to enable OFCOM to meet the costs of carrying out the functions to which the revenues relate.”

(4)

After paragraph 14(3) (executive committees of OFCOM to include member or employee of OFCOM) there shall be inserted—

“(3A)

Sub-paragraph (3) has effect in the case of a committee of OFCOM which—

(a)

is not the Content Board, but

(b)

has functions that are confined to functions falling within section 13(2) of the Communications Act 2003 (functions within the Content Board’s remit),

as if the reference in that sub-paragraph to a member of OFCOM included a reference to a member of the Content Board who is not a member of OFCOM.”

Tobacco Advertising and Promotion Act 2002

173

(1)

Section 12 of the Tobacco Advertising and Promotion Act 2002 (c. 36) (exclusion from that Act of advertising on television and radio) shall be amended as follows.

(2)

For subsection (3) there shall be substituted—

“(3)

This subsection applies to —

(a)

a service falling within section 211(1) of the Communications Act 2003 (independent television services regulated by the Office of Communications) which is not an additional television service (within the meaning of Part 3 of that Act); and

(b)

an additional television service comprised in the public teletext service (within the meaning of that Part).”

(3)

For subsection (5) there shall be substituted—

“(5)

This subsection applies to a service which—

(a)

falls within section 245(1) of the Communications Act 2003 (independent radio services regulated by the Office of Communications); but

(b)

is not a digital additional sound service (within the meaning of Part 3 of that Act).”

Enterprise Act 2002

174

(1)

The Enterprise Act 2002 (c. 40) shall be amended as follows.

(2)

In section 126(6) (service of documents electronically), for “a telecommunication system (within the meaning of the Telecommunications Act 1984 (c. 12))” there shall be substituted “ an electronic communications network ”.

(3)

In section 128(5) (supply of services and market for services etc.), for “section 189(2) of the Broadcasting Act 1990 (c. 42)” there shall be substituted “ paragraph 29 of Schedule 2 to the Telecommunications Act 1984 ”.

(4)

In section 136 (investigations and reports on market investigation references)—

(a)

in subsection (7), after paragraph (g) there shall be inserted—

“(h)

in relation to the Office of Communications, sections 370 and 371 of the Communications Act 2003.”;

(b)

in subsection (8), for “or the Civil Aviation Authority” there shall be substituted “ , the Civil Aviation Authority or the Office of Communications ”.

(5)

In section 168 (regulated markets)—

(a)

in subsection (3)(e), for “section 39(1) of the Broadcasting Act 1990 (c. 42)” there shall be substituted “ section 290 of the Communications Act 2003 ”;

(b)

for subsection (4)(e), there shall be substituted—

“(e)

in relation to any networking arrangements (within the meaning given by section 290 of the Communications Act 2003), the duty of the Office of Communications under subsection (1) of section 3 of that Act to secure the matters mentioned in subsection (2)(c) of that section;”;

(c)

for subsection (5)(g), there shall be substituted—

“(g)

the Office of Communications;”.

(6)

In section 234(5) (supply of services), for “section 189(2) of the Broadcasting Act 1990 (c. 42)” there shall be substituted “ paragraph 29 of Schedule 2 to the Telecommunications Act 1984 ”.

(7)

In Schedule 15 (enactments conferring functions), in the appropriate place, there shall be inserted— “ Communications Act 2003. ”

Income Tax (Earnings and Pensions) Act 2003

175

(1)

The Income Tax (Earnings and Pensions) Act 2003 (c. 1) shall be amended as follows.

F9(2)

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

F10(3)

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