Part 6Miscellaneous and Supplemental

Supplemental

409Modifications consequential on regulations implementing Directives

1

This section applies if it appears to the Secretary of State that regulations under section 2 of the European Communities Act 1972 (c. 68) for giving effect to F1EU obligations imposed by the Communications Directives have come into force before the passing of this Act.

2

The Secretary of State may by order—

a

repeal any relevant provision of this Act which appears to him to be unnecessary, or to have become spent, in consequence of the regulations;

b

make such other modifications of the relevant provisions of this Act as he considers appropriate in consequence of the regulations;

c

revoke provision made by the regulations; and

d

make transitory or transitional provision in relation to anything done by or under the regulations.

3

The Secretary of State’s power under this section includes power to make consequential amendments of enactments not contained in this Act.

4

In this section—

  • “the Communications Directives” means—

    1. a

      the Access Directive, that is to say, Directive 2002/19/EC of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities;

    2. b

      the Authorisation Directive, that is to say, Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services;

    3. c

      the Framework Directive, that is to say, Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services;

    4. d

      the Universal Service Directive, that is to say, Directive 2002/22/EC of the European Parliament and of the Council on universal service and users' rights relating to electronic communications networks and services;

  • “relevant provision of this Act” means a provision contained in—

    1. a

      Part 1, 2 or 6; or

    2. b

      Chapter 1 of Part 5.

5

No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.