SCHEDULE 1INCIDENTAL AND CONSEQUENTIAL AMENDMENTS
The Telecommunications Act 1984
I11
In section 1(6) of the Telecommunications Act 19848 (payment out of money provided by Parliament) for the words following “by any of his staff” there shall be substituted the following words—
in consequence of the provisions of—
- a
this Act;
- b
the Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998; or
- c
the Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998.
The Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998
I22
Regulations 40(1) of the Telecommunications (Open Network Provision) (Voice Telephony) Regulations 19989 (amendment of section 1(6) of the Telecommunications Act 1984) is hereby revoked.
SCHEDULE 2MODIFICATIONS TO SECTIONS 10, 13, 14 AND 16 OF THE DATA PROTECTION ACT 1984 AND SCHEDULES 3 AND 4 THERETO AS EXTENDED BY REGULATION 13
I31
In section 10—
a
in subsection (1)—
i
the word “registered” shall be omitted;
ii
for the words “data protection principles” there shall be substituted the words “requirements of the Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998 (in this section and section 16 below referred to as “a relevant requirement”)”, and
iii
for the words “principle or principles” there shall be substituted the words “requirement or requirements”;
b
in subsection (2), the words “or distress” shall be omitted;
c
subsections (3) and (4) shall be omitted, and
d
in subsection (5)(a), for the words “principle or principles” there shall be substituted the words “relevant requirement or requirements”.
I42
In section 13—
a
in subsection (1), for paragraphs (a) and (b) there shall be substituted the words “any enforcement notice with which that person has been served.”;
b
subsection (2) shall be omitted, and
c
in subsection (3), the words “paragraph (b) of” and the words “11(5) or 12(7)” shall be omitted.
I53
In section 14—
a
in subsection (1), the words “refusal or” (in both places where they occur), “decision or” and “made or” shall be omitted;
b
in subsection (2), the words “refusal or” shall be omitted, and
c
subsections (3) and (6) shall be omitted.
I64
In section 16, for the words “data protection principles” there shall be substituted the words “relevant requirements”.
I75
In paragraph 3 of Schedule 3, for the words “13(2) or (3)” there shall be substituted the words “13(3)”.
I86
In paragraph 1 of Schedule 4, for sub-paragraph (b) there shall be substituted the following sub-paragraph—
b
that a person has contravened or is contravening any of the requirements of the Telecommunications (Data Protection and Privacy) (Direct Marketing) Regulations 1998 (in this Schedule referred to as “the 1998 Regulations”),
I97
In paragraph 9 of Schedule 4—
a
in sub-paragraph (1)(a), after the words “rights under” there shall be inserted the words “the 1998 Regulations or”, and
b
in sub-paragraph (1)(b), after the words “arising out of” there shall be inserted the words “the 1998 Regulations or”.