The Communications Act 2003 (Commencement No. 1) Order 2003

Statutory Instrument 2003 No. 1900 (C. 77)

The Communications Act 2003 (Commencement No. 1) Order 2003

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STATUTORY INSTRUMENTS

2003 No. 1900 (C. 77)

ELECTRONIC COMMUNICATIONS BROADCASTING

The Communications Act 2003 (Commencement No. 1) Order 2003

Made

17th July 2003

Citation and interpretation

- (1) This Order may be cited as the Communications Act 2003 (Commencement No. 1) Order 2003.

(2) In this Order -

"the Act" means the Communications Act 2003;

"the transitionally commenced provisions" means -

"the transitional period" means the period provided for by section 408(6) of the Act.

Commencement
     2. - (1) The provisions of the Act set out in Schedule 1 hereto shall, subject to the exceptions set out therein, come into force on 25th July 2003.

    (2) The provisions of the Act set out in Schedule 2 hereto shall come into force on 18th September 2003.

Transitional provisions: the transitionally commenced provisions
     3. - (1) The transitionally commenced provisions are brought into force by this Order on 25th July 2003 or (as the case may be) 18th September 2003 for the purpose only of enabling the networks and services functions and the spectrum functions under those provisions to be carried out during the transitional period by the Director General of Telecommunications and the Secretary of State respectively.

    (2) Until the first coming into force of regulations made by the Secretary of State under section 109 of the Act -

(a) the references to restrictions or conditions under that section in sections 110(1), 113(4)(b) and 117(5) of the Act shall, in the case of a person who (by virtue of paragraph 17(2) of Schedule 18 to the Act) is treated as a person in whose case the electronic communications code applies by virtue of a direction given by OFCOM, be treated as references to the exceptions and conditions to which the application of the telecommunications code set out in Schedule 2 to the Telecommunications Act 1984[

Transitional provisions: section 264 of the Act
     4. - (1) This article shall have effect for the interpretation of section 264 of the Act.

    (2) In relation to times before the coming into force of section 207 of the Act, the reference to the television programme services that are public services of the Welsh Authority shall be taken to be a reference to S4C and S4C Digital.

    (3) In relation to times before the coming into force of section 266 of the Act, references to statements of programme policy shall be taken to include references to any statement made by the provider of a licensed public service channel for the purposes of his application for a licence under Part 1 of the 1990 Act for the channel or for any other purpose connected with the performance of his obligations under that licence.

    (4) In relation to times before the coming into force of section 268 of the Act, references to statements of service policy shall be taken to include references to any statement made by the public teletext provider for the purposes of his application for a licence under Part 1 of the 1990 Act for the public teletext service or for any other purpose connected with the performance of his obligations under that licence.

Transitional provisions: section 348 of, and Part 4 of Schedule 14 to, the Act
     5. - (1) In relation to times before the coming into force of section 350(2) of the Act, sections 5 and 88 of the 1990 Act and sections 5 and 44 of the 1996 Act (restrictions on holding licences) shall have effect as if, in paragraph (b) of subsection (1) of each of those sections, the reference to any requirements imposed by or under Parts 3 to 5 of Schedule 2 to the 1990 Act included a reference to any requirements imposed by or under Part 4 of Schedule 14 to the Act.

    (2) In relation to times before the coming into force of the relevant amending provision, each of sections 5(7)(c) and 88(7)(c) of the 1990 Act[3] and sections 5(8)(c) and 44(8)(c) of the 1996 Act shall have effect as if the reference to any requirement imposed by or under Schedule 2 to the 1990 Act included a reference to any requirement imposed by or under Part 4 of Schedule 14 to the Act.

    (3) In paragraph (2) above, in relation to each provision of the 1990 or 1996 Act mentioned there, "the relevant amending provision" means the following provision of Schedule 15 to the Act, that is to say -

Transitional provisions: section 362(1) of the Act
     6. - (1) This article shall have effect for the interpretation of section 362(1) of the Act.

    (2) In relation to times before the coming into force of section 241(1) of the Act, "television multiplex service" means a multiplex service within the meaning of Part 1 of the 1996 Act.

    (3) In relation to times before the coming into force of section 258(1) of the Act, "radio multiplex service" shall have the same meaning as it has in Part 2 of the 1996 Act.

    (4) In relation to times before the grant of the first licence under section 219 of the Act -

(a) "the public teletext provider" means the person who holds the additional services licence (within the meaning of Part 1 of the 1990 Act) which relates to the teletext service referred to in subsection (2) of section 49 of the 1990 Act;

(b) "the public teletext service" means the teletext service referred to in that subsection and the qualifying teletext service within the meaning of Part 1 of the 1996 Act; and

(c) "the digital public teletext service" means the qualifying teletext service within the meaning of Part 1 of the 1996 Act.

Stephen Timms
Minister of State for Energy, E-Commerce and Postal Services, Department of Trade and Industry

17th July 2003

SCHEDULE 1

Article 2(1)

Provisions coming into force on 25th July 2003

Section 1(3) (except for the words "including borrow money") and (5)(c) to the extent only that those provisions are to be taken for the purposes of section 408(3) of the Act to be brought into force for the purpose of enabling networks and services functions to be carried out.

Section 4.

Section 5 to the extent only that it is to be taken for the purposes of section 408(3) of the Act to be brought into force for the purpose of enabling networks and services functions to be carried out.

Sections 24 and 25.

Section 26, except for paragraph (d) of subsection (2).

Section 32 to 55.

Sections 56 to 63, except in respect of any number which is used as an internet domain name, an internet address or an address or identifier incorporating either an internet domain name or an internet address, including an email address.

Sections 64 to 119, 125 to 151, 153, 154, 164 to 166, 169, 172 to 174, 178, 183, 185 to 197 and 264.

Section 360(3) in respect of the provisions of Schedule 15 set out in this Schedule.

Section 361 and 362.

Section 369, except for paragraph (e) of subsection (1).

Sections 370 and 371.

Section 393, except for -

paragraphs (c) and (d) of subsection (1);

paragraphs (j) and (k) of subsection (5);

paragraph (a) of subsection (6) in its application to sections 15 and 390;

subsection (7).

Section 394, except for paragraphs (e) and (f) of subsection (2).

Sections 395 to 399 and 402 to 404.

Section 406, except for -

subsection (1) in respect of the provisions of Schedule 17 not set out in this Schedule;

subsection (6) in respect of the provisions of Schedule 18 not set out in this Schedule;

subsection (7) in respect of the provisions of Schedule 19 not set out in this Schedule.

Sections 408 and 410.

Schedules 3, 4 and 8.

In Schedule 15, paragraphs 20(1) and (2)(a) and 52(1) and (2)(a).

In Schedule 17 -

paragraphs 1 to 5, 8(1), (3), (6), (8) and (10), 10, 14(1), (2), (3)(b) and (4)(a), 16, 19 to 31, 38, 40 to 47, 51 to 60, 63, 71, 72(1) to (3), (5) and (6), 75, 77 to 82, 84 to 90, 94 to 128, 129(1) and (3), 130, 131, 134 to 144, 152 to 158, 160, 162, 163, 165, 166(1), (2) and (3)(b), 168 to 170, 174(1), (2), (4), (6) and (7) and 175;

paragraph 8(9), except in respect of the repeal of the words in section 1D(8) of the Wireless Telegraphy Act 1949[

paragraph 9, except in respect of the new subsection (2A) in subparagraph (3);

paragraph 11, except in respect of the new subsection (4A) in subparagraph (4);

paragraph 37, except in respect of the new subsection (11B) in subparagraph (5);

paragraph 70, except for the purpose of the giving of directions to any person to whom directions could not be given on 24th July 2003;

paragraph 73, except in respect of the new subsection (1B);

paragraph 147, except for the words "or of grant of recognised spectrum access" in subsection (1) of the new section 2, paragraph (b) of that subsection and the word "or" preceding that paragraph;

paragraph 150, except in respect of subsection (3) of the new section 6.

In Schedule 18, paragraphs 1 to 4, 7 to 19, 22 to 26, 30, 56 to 58, 63 and 64.

In Schedule 19 -

the entries for -