The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/3142 |
| Year | 2003 |
2003 No. 3142 (C. 125)
ELECTRONIC COMMUNICATIONS
BROADCASTING
The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003
Made 8th December 2003
The Secretary of State, in exercise of the powers conferred upon her by section 7(2) of the Office of Communications Act 20021and sections 408(6)(b) and 411(2) and (4) of the Communications Act 20032, hereby makes the following Order:
Citation, interpretation and revocation
1.—(1) This Order may be cited as the Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003.
(2) In this Order—
“the 1949 Act” means the Wireless Telegraphy Act 19493;
“the 1990 Act” means the Broadcasting Act 19904;
“the 1996 Act” means the Broadcasting Act 19965;
“BSC” means the Broadcasting Standards Commission;
“the first commencement order” means the Communications Act 2003 (Commencement No. 1) Order 20036;
“ITC” means the Independent Television Commission;
“the principal Act” means the Communications Act 2003;
“television licence” and “television receiver” have the meanings provided by section 1(7) of the 1949 Act; and
“the transitionally commenced provisions” has the same meaning as in the first commencement order.
(3) Article 3(2) of the first commencement order is revoked.
Commencement on 12th December 2003
2. Section 282 of and paragraphs 10 and 17 of Schedule 14 to the principal Act shall come into force on 12th December 2003.
Commencement on 29th December 2003
3.—(1) Paragraph 12 of the Schedule to the Office of Communications Act 2002 and the provisions of the principal Act set out in Schedule 1 hereto shall, subject to the exceptions set out therein and to paragraph (3) below, come into force on 29th December 2003.
(2) The transitionally commenced provisions are brought into force by this Order on 29th December 2003 for the purpose of conferring the networks and services functions and the spectrum functions on OFCOM.
(3) Section 2 of, and paragraph 1(1)(a) of Schedule 1 and paragraphs 6 and 15 of Schedule 17 to, the principal Act shall not come into force on 29th December 2003 to the extent that the 1949 Act applies in respect of television licences and television receivers; and until those provisions are further brought into force by article 4 below on 1st April 2004—
(a)
(a) the 1949 Act shall continue to apply in respect of television licences and television receivers as it applies immediately before 29th December 2003,
(b)
(b) the reference to section 1(7) of the 1949 Act in section 1(1) of the Wireless Telegraphy Act 19987shall be construed accordingly,
(c)
(c) the reference to the enactments relating to the management of the radio spectrum in section 394(2)(c) of the principal Act shall be construed in respect of television licences and television receivers as a reference to those enactments as they apply immediately before 29th December 2003, and
(d)
(d) section 15 of the 1949 Act shall apply in respect of television licences and television receivers as if references therein to the Secretary of State included references to OFCOM, save that in respect of television licences and television receivers, OFCOM may do under the said section 15 only those things which they will be able to do under section 366 of the principal Act when it comes into force on 1st April 2004.
Subsequent commencement
4.—(1) Section 253 of the principal Act shall come into force on 2nd January 2004.
(2) The provisions of the principal Act set out in Schedule 2 hereto shall come into force on 1st April 2004.
(3) Sections 299 (so far as not already in force) and 300 of the principal Act shall come into force on 30th June 2004.
Transitional provision: advisory bodies under Telecommunications Act 1984, section 54
5. If, upon the repeal of section 54 of the Telecommunications Act 19848on 29th December 2003, any of the advisory bodies established thereunder has not ceased to exist by virtue of an order under section 31(5) of the principal Act, subsections (7) and (8) of the said section 54 shall continue to have effect in respect of that body until it ceases to exist as if the reference to the Director9in subsection (7) were a reference to OFCOM and the reference thereto in subsection (8) were omitted.
Transitional provisions: Independent Television Commission, Radio Authority and Broadcasting Standards Commission
6.—(1) In any period between the repeal of section 1 of and Schedule 1 to the 1990 Act on 29th December 2003 and the day on which the ITC ceases to exist by virtue of an order under section 31(4) of the principal Act—
(a)
(a) the ITC—
(i) shall continue in existence only for one or more of the purposes specified in this paragraph or for any purpose connected with the making or coming into force of a scheme under section 30 of the principal Act, and
(ii) in that period shall consist of a chairman appointed by the Secretary of State and, if the Secretary of State thinks fit, such one or more other persons as he may appoint as members of the ITC;
(b)
(b) the said section 1 (except for subsection (2)(b)) and, subject to the following subparagraphs, Schedule 1 (except for paragraph 2(3) and in paragraph 9(1) the words “shall appoint a secretary and” and “other”) and any definitions relevant to their interpretation the repeal of which is brought into force on 29th December 2003 shall continue to have effect during that period for those purposes;
(c)
(c) the ITC shall prepare a statement of accounts and annual report for the period beginning on 1st January 2003 and ending with 28th December 2003;
(d)
(d) Schedule 1 to the 1990 Act shall have effect for the purposes of the accounts and report referred to in subparagraph (c) above as if any reference to “financial year” or “year” were a reference to the period referred to in that subparagraph;
(e)
(e) the ITC shall prepare a statement of accounts in respect of the period of twelve months beginning on 29th December in any year; and
(f)
(f) Schedule 1 to the 1990 Act shall have effect for the purposes of any accounts referred to in subparagraph (e) above as if any reference to the “financial year” or “year” were a reference to the period referred to in that subparagraph.
(2) In any period between the repeal of section 83 of and Schedule 8 to the 1990 Act on 29th December 2003 and the day on which the Radio Authority ceases to exist by virtue of an order under section 31(4) of the principal Act—
(a)
(a) the Authority—
(i) shall continue in existence only for one or more of the purposes specified in this paragraph or for any purpose connected with the making or coming into force of a scheme under section 30 of the principal Act, and
(ii) in that period shall consist of a chairman appointed by the Secretary of State and, if the Secretary of State thinks fit, such one or more other persons as he may appoint as members of the Authority;
(b)
(b) the said section 83 (except for subsection (2)(b)) and, subject to the following subparagraphs, Schedule 8 (except for the words “shall appoint a secretary and” and “other” in paragraph 9(1)) and any definitions relevant to their interpretation the repeal of which is brought into force on 29th December 2003 shall continue to have effect during that period for those purposes;
(c)
(c) the Authority shall prepare a statement of accounts and annual report for the period beginning on 1st January 2003 and ending with 28th December 2003;
(d)
(d) Schedule 8 to the 1990 Act shall have effect for the purposes of the accounts and report referred to in subparagraph (c) above as if any reference to “financial year” or “year” were a reference to the period referred to in that subparagraph;
(e)
(e) the Authority shall prepare a statement of accounts in respect of the period of twelve months beginning on 29th December in any year; and
(f)
(f) Schedule 8 to the 1990 Act shall have effect for the purposes of any accounts referred to in subparagraph (e) above as if any reference to the “financial year” or “year” were a reference to the period referred to in that subparagraph.
(3) In any period between the repeal of sections 106, 121 and 125 of and Schedule 3 to the 1996 Act on 29th December 2003 and the day on which the BSC ceases to exist by virtue of an order under section 31(4) of the principal Act—
(a)
(a) the BSC—
(i) shall continue in existence only for one or more of the purposes specified in this paragraph or for any purpose connected with the making or coming into force of a scheme under section 30 of the principal Act, and
(ii) in that period shall consist of a chairman appointed by the Secretary of State and, if the Secretary of State thinks fit, such one or more other persons as he may appoint as members of the BSC;
(b)
(b) the said sections 106 (except for the words from “or” in subsection (2)(b) to the end of subsection (2)), 121 and, subject to the following subparagraphs, 125 and Schedule 3 and any definitions relevant to their interpretation the repeal of which is brought into force on 29th December 2003 shall continue to have effect during that period for those purposes;
(c)
(c) the BSC shall prepare a statement of accounts and annual report for the period beginning on 1st April 2003 and ending with 28th December 2003;
(d)
(d) section 125 of and Schedule 3 to the 1996 Act shall have effect for the purposes of the accounts and report referred to in subparagraph (c) above as if—
(i) any reference to “financial year” or “year” were a reference to the period referred to in that subparagraph, and
(ii) any reference to a person providing a licensed...
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