SCHEDULES

SCHEDULE 17Minor and Consequential Amendments

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. ”