Telecommunications Act 1984

Part I — Introductory

Entry, for exploratory purposes, on land in England and Wales.

1

• (1) The Secretary of State shall appoint an officer to be known as the Director General of Telecommunications (in this Act referred to as “the Director”) for the purpose of performing the functions assigned or transferred to the Director by or under this Act.

• (2) An appointment of a person to hold office as the Director shall not be for a term exceeding five years; but previous appointment to that office shall not affect eligibility for re-appointment.

• (3) The Director may at any time resign his office as the Director by notice in writing addressed to the Secretary of State; and the Secretary of State may remove any person from that office on the ground of incapacity or misbehaviour.

• (4) Subject to subsections (2) and (3) above, the Director shall hold and vacate office as such in accordance with the terms of his appointment.

• (5) The Director may appoint such staff as he may think fit, subject to the approval of the Treasury as to numbers and as to terms and conditions of service.

• (6) There shall be paid out of money provided by Parliament the remuneration of, and any travelling or other allowances payable under this Act to, the Director and any staff of the Director, any sums payable under this Act to or in respect of the Director and any expenses duly incurred by the Director or by any of his staff 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) Regulations 1999.

• (7) The provisions of Schedule 1 to this Act shall have effect with respect to the Director.

Abolition of British Telecommunications' exclusive privilege

2

General duties of Secretary of State and Director

3

Meaning of " telecommunication system" and related expressions

4

Part II — Provision of Telecommunication Services

Licensing etc. of telecommunication systems

Prohibition on running unlicensed systems

5

Exceptions to section 5

6

Power to license systems

7

Special provisions applicable to certain licences

8

Public telecommunication systems

9

The telecommunications code

10

Provisions supplementary to section 10

11

Modification of licences

Modification of licence conditions by agreement

12

Licence modification references to Commission

13

Reports on licence modification references

14

Modification of licence conditions following report

15

Enforcement of licences

Securing compliance with licence conditions

16

Procedural requirements

17

Validity and effect of orders

18

Register of licences and orders

19

Approvals etc. for the purposes of licences

Approval of contractors

20

Register of approved contractors

21

Approval etc. of apparatus

22

Register of approved apparatus etc.

23

Approval etc. of meters

24

Delegation of functions under sections 22 and 24

25

Grants and loans to persons exercising certain functions

26

Recognition of bodies representing consumers etc.

27

Marking etc. of telecommunication apparatus

Information etc. to be marked on or to accompany telecommunication apparatus

28

Information etc. to be given in advertisements

29

Enforcement provisions

30

Rating of telecommunications operators

Rating in England and Wales

31

• (1) In Schedule 3 to the Local Government Act 1974 (hereditaments to which section 19(1) of that Act applies) for paragraph 5A (hereditaments occupied by British Telecommunications by certain property used for the purposes of telecommunication services) there shall be substituted the following paragraph—

(5A) Any hereditament occupied by a telecommunications operator (within the meaning of the Telecommunications Act 1984) by any such property as follows, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment being property used for the purpose of providing telecommunication services.

• (2) Where an order made under the said section 19 applies to hereditaments occupied by a telecommunications operator by any such property as aforesaid, that operator shall be treated, for the purposes of the law relating to rating, as not being a public utility undertaking.

• (3) This section extends to England and Wales only.

Rating in Scotland

32

• (1) In paragraph 5 of Schedule 1 to the Local Government (Scotland) Act 1975 (lands and heritages to which section 6(1) of that Act applies and occupied by British Telecommunications by certain property used for the purposes of telecommunication services)—

• (a) for the words “British Telecommunications” there shall be substituted the words “ a telecommunications operator (within the meaning of the Telecommunications Act 1984) ”; and

• (b) for the words from “not within” to “purposes of” there shall be substituted the words “ , being property used for the purpose of providing ”.

• (2) This section extends to Scotland only.

Rating in Northern Ireland

33

Acquisition etc. of land by public telecommunications operators

Compulsory purchase of land in England and Wales

34

Compulsory purchase of land in Scotland

35

Compulsory purchase of land in Northern Ireland

36

Entry, for exploratory purposes, on land in England and Wales

37

Entry, for exploratory purposes, on land in Scotland

38

Entry, for exploratory purposes, on land in Northern Ireland

39

Acquisition of land by agreement

40

Purchase of Duchy of Lancaster land

41

Offences

Fraudulent use of telecommunication system

42

Improper use of public telecommunication system

43

Modification etc. of messages 45. Interception and disclosure of messages etc.

44

Interception and disclosure of messages etc.

45

Assaults etc. on persons engaged in the business of public telecommunications operator

46

Part III — Other Functions of Director

General functions

47

Publication of information and advice

48

Investigation of complaints

49

Functions under 1973 and 1980 Acts

50

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The functions to which subsection (2A) below applies shall be concurrent functions of the Director and the Office of Fair Trading.

• (2A) This subsection applies to the functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to commercial activities connected with telecommunications.

• (2B) So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the Act of 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) shall be construed as including references to the Director (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).

• (3) The Director shall be entitled to exercise, concurrently with the Office of Fair Trading, the functions of the Office of Fair Tradingunder the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

• (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

• (b) conduct of the kind mentioned in section 18(1) of that Act,

which relate to commercial activities connected with telecommunications.

• (3A) So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Office of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

• (4) Before the Office of Fair Trading or the Director first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.

• (4A) Neither the Office of Fair Trading nor the Director shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.

• (5) It shall be the duty of the Director, for the purpose of assisting the Commission in carrying out an investigation on a reference made to them by the Director by virtue of subsection (2) . . . above, to give to the Commission—

• (a) any information which is in his possession and which relates to matters falling within the scope of the investigation, and which is either requested by the Commission for that purpose or is information which in his opinion it would be appropriate for that purpose to give to the Commission without any such request; and

• (b) any other assistance which the Commission may require, and which it is within his power to give, in relation to any such matters,

and the Commission, for the purposes of carrying out any such investigation, shall take into account any information given to them for that purpose under this subsection.

• (6) If any question arises in any particular case as to the jurisdiction of the Director under any of the provisions mentioned insubsection (2A) or (3) above . . . . . ., that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—

• (a) Part 4 of the Enterprise Act 2002; or

• (b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),

by or in relation to the Director on the ground that it should have been done by or in relation to the Office of Fair Trading.

• (6A) Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Director by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to the Director.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-ordination of functions under Part II and wireless telegraphy functions

51

Power to give assistance in relation to certain proceedings

52

Power to require information etc.

53

Power to establish advisory bodies

54

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Annual and other reports

55

• (1) The Director shall, as soon as practicable after the end of the year 1984 and of each subsequent calendar year, make to the Secretary of State a report on—

• (a) his activities during that year; and

• (b) the Commission’s activities during that year so far as relating to references made by him.

• (2) Every such report shall include—

• (a) a general survey of developments, during the year to which it relates, in respect of matters falling within the scope of the Director’s functions (including, in particular, those affecting small businesses or persons who are disabled or of pensionable age); and

• (b) the reports which the advisory bodies established under section 54(1) or (4) above make to him on their activities during that year.

• (3) The Secretary of State shall lay a copy of every report made by the Director under subsection (1) above before each House of Parliament, and shall arrange for every such report to be published in such manner as he may consider appropriate.

• (4) The Director may also prepare such other reports as appear to him to be expedient with respect to such matters as are mentioned in subsection (2) above and may arrange for any such report to be published in such manner as he may consider appropriate.

• (5) In making any report under this section the Director shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 48(2)(a) and (b) above.

Part IV — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cable programme services

56–59

Prohibition on unlicensed cable programme services

57

• (1) Subject to any exceptions for which provision is made by order of the Secretary of State, a person who provides a cable programme service shall be guilty of an offence unless he is authorised to provide the service by a licence granted under section 58 below.

• (2) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine.

• (3) No proceedings in respect of an offence under this section shall be instituted—

• (a) in England and Wales, except by or with the consent of the Director of Public Prosecutions ;

• (b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

• (4) Without prejudice to subsection (2) above, compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.

Power to license cable programme services

58

• (1) A licence may be granted by the Secretary of State, subject to such terms, provisions and limitations as he may think fit, for the provision of such cable programme services as are specified in the licence or are of a description so specified.

• (2) A licence granted under this section shall be in writing and, unless previously revoked by the Secretary of State, shall continue in force for such period as may be specified in the licence.

• (3) A licence granted under this section may be revoked, or the terms, provisions or limitations thereof varied, by a notice in writing of the Secretary of State served on the holder of the licence or by a general notice applicable to licences of the class to which the licence in question belongs published in such manner as may be specified in the licence.

• (4) At such times and in such circumstances as may be prescribed by or determined under regulations made by the Secretary of State with the consent of the Treasury, such sums as may be so prescribed or determined shall be paid to the Secretary of State by the person to whom a licence under this section is granted.

• (5) Different provision may be made by regulations under subsection (4) above in relation to different licences, according to the nature, terms, provisions, limitations and duration thereof.

• (6) The Secretary of State shall have power to make, in such cases or classes of cases as the Treasury may determine, refunds of sums received by him under subsection (4) above.

• (7) A payment made in exercise of the power conferred by subsection (6) above shall be defrayed out of sums received by the Secretary of State under subsection (4) above.

• (8) The surplus of sums received under subsection (4) above over sums paid in exercise of the power conferred by subsection (6) above shall from time to time be paid into the Consolidated Fund.

• (9) Regulations under subsection (4) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Entry and search of premises

59

• (1) If a justice of the peace is satisfied by information on oath—

• (a) that there is reasonable ground for suspecting that an offence under section 57 above has been, or is being, committed; and

• (b) that evidence of the commission of the offence is to be found on any premises specified in the information,

he may grant a search warrant conferring power on any person or persons authorised in that behalf by the Secretary of State and named in the warrant to enter and search the premises specified in the information at any time within one month from the date of the warrant.

• (2) A person who intentionally obstructs a person in the exercise of powers conferred on him under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (3) A person who discloses, otherwise than for the purposes of this Part or of a report of proceedings under it, any information obtained by means of an exercise of powers conferred by this section, being information relating to a manufacturing process or trade secret, shall be guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

• (4) In the application of this section to Scotland, for the reference to a justice of the peace there shall be substituted a reference to the sheriff and for any reference to information on oath there shall be substituted a reference to evidence on oath.

• (5) In the application of this section to Northern Ireland, for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate and for any reference to information on oath there shall be substituted a reference to complaint on oath.

Part V — Transfer of Undertaking of British Telecommunications

Vesting of property etc. of British Telecommunications in a company nominated by the Secretary of State

Vesting of property etc. of British Telecommunications in a company nominated by the Secretary of State

60

Initial Government holding in the successor company

61

• (1) As a consequence of the vesting in the successor company by virtue of section 60 above of property, rights and liabilities of British Telecommunications, the successor company shall issue such securities of the company as the Secretary of State may from time to time direct—

• (a) to the Secretary of State; or