Communications Act 2003

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

32 U.K. In each of sections 4 and 5 of the Marine, &c., Broadcasting (Offences) Act 1967 (c. 41) (prohibition of acts facilitating or otherwise relating to broadcasts from ships etc.), the following subsection shall be inserted after subsection (3)—

“(3A) Section 46 of the Consumer Protection Act 1987 (meaning of supply) shall have effect for construing references in this section to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of goods.”

Commencement Information

I1 Sch. 17 para. 32 in force at 18.9.2003 by S.I. 2003/1900, art. 2(2), Sch. 2

33 (1) Section 5 of that Act shall be further amended as follows. U.K.

(2) In subsection (3) (offences of doing things with intent that an unlawful broadcast may be made)—

(a) in paragraph (a), for “with intent that a broadcast of it may” there shall be substituted “ knowing, or having reasonable cause to believe, that a broadcast of it is to ”;

(b) in paragraph (b), for “with intent that a broadcast of the work may” there shall be substituted “ knowing, or having reasonable cause to believe, that a broadcast of the work is to ”;

(c) in paragraph (c), for “with intent that the work may” there shall be substituted “ knowing, or having reasonable cause to believe, that the work is to ”.

(3) For subsection (4) (presumption as to advertising) there shall be substituted—

“(4) The cases in which a person is to be taken for the purposes of this section as advertising by means of a broadcast include any case in which he causes or allows it to be stated, suggested or implied that entertainment included in the broadcast—

(a) has been supplied by him; or

(b) is provided wholly or partly at his expense.”

Commencement Information

I2 Sch. 17 para. 33 in force at 18.9.2003 by S.I. 2003/1900, art. 2(2), Sch. 2

34 U.K. In section 6(5) of that Act (restrictions on prosecutions), after the words “otherwise than”, wherever occurring, there shall be inserted “ by OFCOM or ”.

Commencement Information

I3 Sch. 17 para. 34 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

35 (1) Section 7A of that Act (powers of enforcement in relation to marine offences) shall be amended as follows. U.K.

(2) In subsection (1), after “the Secretary of State” there shall be inserted “ or OFCOM ”.

(3) In subsections (2) and (4), for “the Secretary of State has issued a written authorisation” there shall be substituted “ a written authorisation has been issued by the Secretary of State or OFCOM ”.

(4) In subsection (3)(a), for “the Secretary of State has issued an authorisation” there shall be substituted “ an authorisation has been issued by the Secretary of State or OFCOM ”.

(5) In subsection (7), after “powers” there shall be inserted “ except so far as exercisable by virtue of an authorisation issued by OFCOM ”.

Commencement Information

I4 Sch. 17 para. 35 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

36 U.K. In section 9(1) of that Act (interpretation), after the definition of “the high seas” there shall be inserted—

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

Commencement Information

I5 Sch. 17 para. 36 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)