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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (b) to any person entitled to require the issue of the securities following their initial allotment to the Secretary of State.

• (2) The Secretary of State shall not give a direction under subsection (1) above at a time when the successor company has ceased to be wholly owned by the Crown.

• (3) Securities required to be issued in pursuance of this section shall be issued or allotted at such time or times and on such terms (as to allotment) as the Secretary of State may direct.

• (4) Shares issued in pursuance of this section—

• (a) shall be of such nominal value as the Secretary of State may direct; and

• (b) shall be issued as fully paid and treated for the purposes of the Companies Act 1985 as if they had been paid up by virtue of the payment to the successor company of their nominal value in cash.

• (5) The Secretary of State may not exercise any power conferred on him by this section, or dispose of any securities issued or of any rights to securities initially allotted to him in pursuance of this section, without the consent of the Treasury.

• (6) Any dividends or other sums received by the Treasury or the Secretary of State in right of or on the disposal of any securities or rights acquired by virtue of this section shall be paid into the Consolidated Fund.

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

Conversion of certain loans transferred to the successor company

62

Government investment in securities of the successor company

63

• (1) The Treasury or, with the consent of the Treasury, the Secretary of State may at any time, acquire—

• (a) securities of the successor company or of any subsidiary of the successor company; or

• (b) rights to subscribe for any such securities.

• (2) The Secretary of State may not dispose of any securities or rights acquired under this section without the consent of the Treasury.

• (3) Any expenses incurred by the Treasury or the Secretary of State in consequence of the provisions of this section shall be paid out of money provided by Parliament.

• (4) Any dividends or other sums received by the Treasury or the Secretary of State in right of, or on the disposal of, any securities or rights acquired under this section shall be paid into the Consolidated Fund.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of Secretary of State's functions through nominees

64

Target investment limit for Government shareholding

65

Financial structure of successor company

66

Temporary restrictions on successor company's borrowings etc.

67

Liability of Secretary of State in respect of liabilities vesting in successor company

68

• (1) This section applies where—

• (a) a resolution has been passed, in accordance with the Insolvency Act 1986, for the voluntary winding up of the successor company, otherwise than merely for the purpose of reconstruction or amalgamation with another company; or

• (b) without any such resolution having been passed beforehand, an order has been made for the winding up of the successor company by the court under that Act.

• (2) The Secretary of State shall become liable on the commencement of the winding up to discharge any outstanding liability of the successor company for the payment of pensions which vested in that company by virtue of section 60 above.

• (3) Any sums required by the Secretary of State for discharging any liability imposed on him by this section shall be paid out of money provided by Parliament.

• (4) Where the Secretary of State makes a payment to any person in discharge of what appears to him to be a liability imposed on him by this section, he shall thereupon become a creditor of the successor company to the extent of the amount paid, his claim being treated for the purposes of the winding up as a claim in respect of the original liability.

• (5) Any sums received by the Secretary of State in respect of any claim made by virtue of subsection (4) above in the winding up of the successor company shall be paid into the Consolidated Fund.

• (6) The reference in subsection (2) above to the commencement of the winding up is a reference—

• (a) in a case within subsection (1)(a) above, to the passing of the resolution; and

• (b) in a case within subsection (1)(b) above, to the making of the order.

Dissolution of British Telecommunications

69

Miscellaneous and supplemental

Application of law in relation to offer of shares or debentures of the successor company

70

Application of Trustee Investments Act 1961 in relation to investment in the successor company

71

Tax provisions

72

• (1) Subject to subsection (2) below and paragraph 39 of Schedule 5 to this Act, the successor company shall be treated for all purposes of corporation tax and development land tax as if it were the same person as British Telecommunications.

• (2) The successor company shall not by virtue of subsection (1) above be regarded as a body falling within section 170(12) of the Taxation of Chargeable Gains Act 1992 (bodies established for carrying on industries or undertakings under national ownership or control) or subsection (10) of section 23 of the Development Land Tax Act 1976 (statutory undertakers); and subsection (1) above shall not be regarded as preventing the vesting in the successor company of an interest of British Telecommunications constituting a disposal for the purposes of the said section 23.

• (3) Where, in the discharge of any liability which is vested in the successor company by this Act, the successor company makes payments—

• (a) to an occupational pension scheme,

• (b) with a view to the provision of benefits authorised under Chapter 3 of Part 4 of the Finance Act 2004, and

• (c) for persons who are employees of the Post Office,

the Taxes Acts shall have effect in relation to those payments as if those persons were employees of the successor company and in this subsection expressions which are used in Part 4 of the Finance Act 2004 have the same meanings as in that Part.

• (4) The vesting in the successor company by virtue of section 60 above of liability for any loan made to British Telecommunications shall not affect any direction in respect of the loan which has been given by the Treasury under section 581 of the Income and Corporation Taxes Act 1988 (income tax exemption for interest on foreign currency securities).

• (5) If the transfer date falls before the end of the period of three years beginning with 1st October 1981, then, for the purposes of section 29 of the Value Added Tax Act 1983 (value added tax: group registration) the successor company, the Post Office and any bodies corporate resident in the United Kingdom which are subsidiaries of either of those bodies shall be eligible to be treated as members of a group from that date until the end of that period; and where, by virtue of this subsection, two or more bodies are so treated, the Commissioners of Customs and Excise shall, as soon as practicable after the end of that period, terminate that treatment from such date as may be specified in the notice.

Interpretation of Part V

73

Part VI

Amendment and enforcement of Wireless Telegraphy Acts

Restriction on revocation or variation of certain wireless telegraphy licences

74

Alteration of penalties and mode of trial for certain offences under the 1949 Act

75

• (1) The following offences under the 1949 Act shall be triable on indictment as well as summarily, that is to say—

• (a) any offence under section 5(a) of that Act (sending false or misleading messages likely to prejudice the efficiency of any safety of life service, etc.); and

• (b) any offence under section 13 of that Act (using any apparatus for the purpose of interfering with wireless telegraphy).

• (2) Schedule 3 to this Act shall have effect for the purpose of—

• (a) incorporating the amendment made by subsection (1) above and certain other amendments made as respects Great Britain by the Criminal Justice Act 1982 in the text of section 14 of the 1949 Act (which gives the penalties for offences under that Act) as that section has effect both in Great Britain and in Northern Ireland; and

• (b) making certain other amendments of that section as it so has effect;

and for other connected purposes.

• (3) Nothing in this section or in any provision of Schedule 3 to this Act—

• (a) shall affect the mode of trial in proceedings for an offence commenced before the date on which this section comes into force; or

• (b) shall render a person liable in respect of an offence committed before that date to a punishment more severe than the punishment applicable in the case of that offence immediately before that date;

but except as provided above in this subsection the provisions of section 14 of the 1949 Act, as amended by Schedule 3 to this Act and by section 82 below, shall have effect in relation to any conviction on or after that date of an offence under that Act.

Arrest without warrant for certain offences under the 1949 Act

76

• (1) This section applies to—

• (a) any indictable offence under the 1949 Act; and

• (b) any offence under section 1(1) of that Act other than one consisting in the installation or use, otherwise than under and in accordance with a wireless telegraphy licence, of any apparatus not designed or adapted for emission (as opposed to reception).

• (2) A constable may arrest without warrant a person who has committed, or whom the constable with reasonable cause suspects to have committed, an offence to which this section applies, if the name and address of that person are unknown to, and cannot be ascertained by, the constable or the constable has reasonable grounds for doubting—

• (a) whether a name and address furnished by that person as his name and address are his real name and address; or

• (b) whether that person will be at an address furnished by him for a sufficiently long period for it to be possible to serve him with a summons.

• (3) The preceding provisions of this section do not apply to Scotland.

• (4) This section shall not prejudice any power of arrest conferred by law apart from this section.

Substitution of new section for section 7 of the 1967 Act

77

• (1) The following section shall be substituted for section 7 of the 1967 Act (restriction on manufacture or importation of certain apparatus)—

(7) (1) This section applies to wireless telegraphy apparatus and to any apparatus designed or adapted for use in connection with wireless telegraphy apparatus. (2) Where it appears to the Secretary of State to be expedient to do so for the purpose of preventing or reducing the risk of interference with wireless telegraphy, he may make an order applying restrictions under this section in relation to apparatus to which this section applies of any class or description specified in the order. (3) Any of the following actions in relation to any such apparatus is subject to restriction under this section— (a) manufacture (whether or not for sale); (b) selling or offering for sale, letting on hire or offering to let on hire, or indicating (whether by display of the apparatus or by any form of advertisement) one’s willingness to sell or let on hire; (c) having in one’s custody or control; and (d) importation. (4) An order under this section shall specify such of the actions subject to restriction under this section as are restricted by the order in the case of apparatus of any class or description specified in the order. (5) Any action for the time being restricted by an order under this section in the case of any apparatus is prohibited by this section— (a) save with the authority of the Secretary of State and subject to compliance with any terms and conditions attached by the Secretary of State to that authority; or (b) in the case of action within subsection (3)(c) above, save as mentioned in paragraph (a) above or as otherwise authorised by law apart from this section. (6) An authority given by the Secretary of State for the purposes of this section in the case of apparatus of any class or description specified in an order under this section may be limited— (a) to such of the actions restricted by the order; and (b) to such subsidiary class or description of apparatus within the class or description specified in the order; as may be specified in the authority. (7) Any terms or conditions attached by the Secretary of State to any authority under this section for manufacture or importation may relate to a period after, as well as to the time of, or a period before, the manufacture or importation. (8) The Secretary of State’s authority may be given, and any terms or conditions may be attached to it, either generally by means of a notice in the London Gazette or by an instrument in writing issued to each person authorised to do, in relation to apparatus of any class or description to which an order under this section relates, anything for the time being restricted by the order; and any such notice published in the London Gazette shall also be published in the Edinburgh Gazette and the Belfast Gazette. (9) The Secretary of State shall not make any order under this section or give any authority for the purposes of this section or attach any term or condition to any such authority, unless the Secretary of State is satisfied that the order, authority, term or condition in question is compatible with the international obligations of the United Kingdom; and where any statutory instrument containing such an order or any notice or instrument in writing giving such an authority or attaching any term or condition to such an authority contains a statement that the Secretary of State is so satisfied, that statement shall be evidence (and, in Scotland, sufficient evidence) of that fact. (10) Where the importation of apparatus of any class or description to which this section applies is for the time being restricted by an order under this section, a person commissioned by the Commissioners of Customs and Excise may require any person having custody or control of any apparatus of that class or description which is being or has been imported to furnish proof that the importation of the apparatus is or was not unlawful by virtue of this section; and if such proof is not furnished to the satisfaction of those Commissioners the apparatus shall be deemed, unless the contrary is proved, to be prohibited goods, and shall be liable to forfeiture under the Customs and Excise Management Act 1979. (11) Any person who— (a) takes any action within subsection (3)(a) or (b) above in relation to any apparatus in contravention of subsection (5) above; or (b) without reasonable excuse has any apparatus in his custody or control in contravention of that subsection; or (c) contravenes or fails to comply with any terms or conditions attached to any authority given by the Secretary of State for the purposes of this section (whatever the action to which that authority relates); shall, without prejudice to any liability to a penalty which he may have incurred under the Act of 1979 mentioned above, be guilty of an offence under the principal Act. (12) For the avoidance of doubt, it is hereby declared that in this section “manufacture” includes construction by any method and the assembly of component parts.

.

• (2) Any order made under section 7 of the 1967 Act which is in force immediately before this section comes into force shall have effect—

• (a) as if made under the new section 7 substituted by subsection (1) above; and

• (b) as if it restricted, in the case of wireless telegraphy apparatus of any class or description specified in the order, the actions mentioned in subsection (3)(a) and (d) of the new section;

(and any such order may accordingly be varied or revoked by an order made under the new section).

Regulations with respect to resistance to interference

78

Seizure of apparatus and other property used in committing certain offences under the 1949 Act

79

• (1) This section applies to—

• (a) any indictable offence under the 1949 Act;

• (b) any offence under section 1(1) of that Act other than one consisting in the installation or use, otherwise than under and in accordance with a wireless telegraphy licence, of any apparatus not designed or adapted for emission (as opposed to reception);

• (bza) any offence under section 1A of that Act other than one where the relevant contravention of section 1 of that Act would constitute an offence so consisting;

• (ba) any offence under section 5(b) of that Act;

• (bb) any offence under the Marine, &c., Broadcasting (Offences) Act 1967; and

• (c) any offence under section 7 of the 1967 Act.

• (2) Where—

• (a) a search warrant is granted under section 15(1) of the 1949 Act (entry and search of premises, etc.); and

• (b) the suspected offence (or any of the suspected offences) is an offence to which this section applies;

the warrant may authorise any person authorised by OFCOM to exercise the power conferred by this subsection to seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing found in the course of the search carried out in pursuance of the warrant which appears to him . . . to have been used in connection with or to be evidence of the commission of any such offence.

• (3) If a constable or any person authorised by OFCOM to exercise the power conferred by this subsection has reasonable grounds to suspect that an offence to which this section applies has been or is being committed, he may seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing which appears to him to have been used in connection with or to be evidence of the commission of any such offence.

• (4) Nothing in this section shall prejudice any power to seize or detain property which is exercisable by a constable apart from this section.

• (4A) Without prejudice to any power exercisable by him apart from this subsection, a person authorised by OFCOM to exercise any power conferred by this section may use reasonable force, if necessary, in the exercise of that power.

• (5) Any person who intentionally obstructs any person in the exercise of the power conferred on him under subsection (3) above shall be guilty of an offence under the 1949 Act.

• (6) References in this section to relevant proceedings are references to—

• (a) any proceedings for an offence to which this section applies; and

• (b) any proceedings for forfeiture under Schedule 7 to the Communications Act 2003 .

Proceedings in England and Wales or Northern Ireland for forfeiture of restricted apparatus

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings in Scotland for forfeiture of restricted apparatus

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments with respect to forfeiture on conviction

82

The following subsections shall be substituted for subsection (3) of section 14 of the 1949 Act (forfeiture of wireless telegraphy apparatus used in commission of certain offences)—

(3) Where a person is convicted of— (a) an offence under this Act consisting in any contravention of any of the provisions of Part I of this Act in relation to any station for wireless telegraphy or any wireless telegraphy apparatus or in the use of any apparatus for the purpose of interfering with any wireless telegraphy; or (b) any offence under section 12A of this Act; or (c) any offence under this Act which is an offence under section 7 of the Wireless Telegraphy Act 1967 (whether as originally enacted or as substituted by section 77 of the Telecommunications Act 1984); the court may, in addition to any other penalty, order all or any of the apparatus of the station, or (as the case may be) of the apparatus in connection with which the offence was committed, to be forfeited to the Secretary of State. The power conferred by virtue of paragraph (a) or (c) above does not apply to wireless telegraphy apparatus not designed or adapted for emission (as opposed to reception). (3A) Without prejudice to the operation of subsection (3) of this section in relation to any other apparatus, where a person is convicted of an offence under this Act involving restricted apparatus, the court shall order the apparatus to be forfeited to the Secretary of State unless the accused or any person claiming to be the owner of or otherwise interested in the apparatus shows cause why the apparatus should not be forfeited. Apparatus is restricted apparatus for the purposes of this subsection if custody or control of apparatus of any class or description to which it belongs is for the time being restricted by an order under section 7 of the Wireless Telegraphy Act 1967. (3B) Apparatus may be ordered to be forfeited under this section notwithstanding that it is not the property of the person by whom the offence giving rise to the forfeiture was committed, and any apparatus ordered to be forfeited under this section may be disposed of by the Secretary of State in such manner as he thinks fit. (3C) Subsections (3) to (3B) of this section have effect notwithstanding anything in section 140 of the Magistrates’ Courts Act 1980 or Article 58 of the Magistrates’ Courts (Northern Ireland) Order 1981. (3D) The court by whom any apparatus is ordered to be forfeited under this section may also order the person by whom the offence giving rise to the forfeiture was committed not to dispose of that apparatus except by delivering it up to the Secretary of State within forty-eight hours of being so required by him. (3E) If a person against whom an order is made under subsection (3D) of this section contravenes that order or fails to deliver up the apparatus to the Secretary of State as required he shall be guilty of a further offence under this Act which, for the purpose of determining the appropriate penalty in accordance with the provisions of this section relating to penalties (whether as originally enacted or as substituted by paragraph 1 of Schedule 3 to the Telecommunications Act 1984), shall be treated as an offence under the same provision as the offence for which the forfeiture was ordered.

.

Disposal of apparatus and other property seized by virtue of section 79

83

• (1) Any property seized by a person authorised by the OFCOM in pursuance of a warrant under section 15(1) of the 1949 Act or in exercise of the power conferred by section 79(3) above may be detained—

• (a) until the end of the period of six months beginning with the date of the seizure; or

• (b) if proceedings for an offence to which section 79 above applies involving that property or proceedings for forfeiture of that property under Schedule 7 to the Communications Act 2003 are instituted within that period, until the conclusion of those proceedings.

• (2) After the end of the period for which its detention is authorised by virtue of subsection (1) above, any such property which—

• (a) remains in the possession of OFCOM; and

• (b) has not been ordered to be forfeited under section 14 of the 1949 Act (which includes provision for forfeiture of wireless telegraphy apparatus used in the commission of certain offences) or under Schedule 7 to the Communications Act 2003;

shall be dealt with in accordance with the following provisions of this section (and references in those provisions to the relevant property are references to any property to which this subsection applies).

• (3) OFCOM shall take reasonable steps to deliver the relevant property to any person appearing to them to be its owner.

• (4) Where the relevant property remains in the possession of OFCOM after the end of the period of one year immediately following the end of the period for which its detention is authorised by subsection (1) above, OFCOM may dispose of it in such manner as they think fit.

• (5) The delivery of the relevant property in accordance with subsection (3) above to any person appearing to OFCOM to be its owner shall not affect the right of any other person to take legal proceedings against the person to whom it is delivered or against anyone subsequently in possession of the property for the recovery of the property.

Approvals

Approval of wireless telegraphy apparatus etc.

84

• (1) Where any of the following instruments, namely—

• (a) any licence granted under section 1 of the 1949 Act (licensing of wireless telegraphy),

• (b) any regulations made under that section,

• (c) any regulations made under section 10 of that Act (regulations as to radiation of electro-magnetic energy etc.),

• (d) any order made under section 7 of the 1967 Act (restriction on dealings in and custody of certain apparatus), or

• (e) any authority given for the purposes of that section,

contains any provision which is framed by reference to relevant apparatus for the time being approved under this section for the purposes of that instrument, such apparatus may be approved for those purposes by the relevant authority.

In this subsection “relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus.

• (2) A person applying for an approval under this section may be required by the relevant authority to comply with such requirements as the relevant authority may think appropriate; and those requirements may include a requirement to satisfy some other person with respect to any matter.

• (3) An approval under this section may apply either to particular apparatus or to any apparatus of a description specified in the approval, and may so apply either for the purposes of a particular instrument falling within any of paragraphs (a) to (e) of subsection (1) above or for the purposes of instruments falling within any of those paragraphs of a description so specified.

• (4) An approval under this section may specify conditions which must be complied with if the approval is to apply, for any purposes specified in the approval, to any apparatus which is so specified or is of a description so specified, and any such condition may impose on the person to whom the approval is given a requirement from time to time to satisfy any person with respect to any matter.

• (5) The relevant authority may at any time vary or withdraw any approval given by the relevant authority under this section.

• (6) A person appointed by the relevant authority may exercise any function conferred on the relevant authority by the preceding provisions of this section to such extent and subject to such conditions as may be specified in the appointment.

• (7) The relevant authority may by order provide for the charging of fees in respect of the exercise of any function in pursuance of this section by or on behalf of the relevant authority; and an appointment under subsection (6) above may authorise the person appointed to retain any fees received by him in pursuance of any such order.

• (8) Nothing in subsection (7) above shall preclude a person (not being the relevant authority or a person acting on the relevant authority's behalf) by whom any matter falls to be determined for the purposes of any requirement imposed in pursuance of subsection (2) or (4) above from charging any fee in respect of the carrying out of any test or other assessment made by him.

• (8A) Subject to subsection (8B), in this section “the relevant authority” means—

• (a) in such cases as may be specified in an order made by the Secretary of State, the Secretary of State; and

• (b) in any other case, OFCOM.

• (8B) Where an application for the purposes of this section is made to the Secretary of State or OFCOM and it appears to the person to whom it is made that it should have been made to the other—

• (a) that person shall refer the application to the other; and

• (b) the application shall be proceeded with as if made to the person to whom it is referred.

• (9) Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.

Marking etc. of apparatus

Information etc. to be marked on or to accompany apparatus

85

• (1) Where it appears to OFCOM expedient that any description of relevant apparatus should be marked with or accompanied by any information or instruction relating to the apparatus or its installation or use, OFCOM may by order—

• (a) impose requirements for securing that relevant apparatus of that description is so marked or accompanied, and

• (b) regulate or prohibit the supply of any such apparatus with respect to which the requirements are not complied with;

and the requirements may extend to the form and manner in which the information or instruction is given.

• (2) An order under this section may, in the case of apparatus supplied in circumstances where the information or instruction required by the order would not be conveyed until after delivery, require the whole or part thereof to be also displayed near the apparatus.

• (3) Where an order under this section is in force with respect to relevant apparatus of any description, any person who, in the course of any trade or business, supplies or offers to supply relevant apparatus of that description in contravention of the order shall, subject to section 87 below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (4) For the purposes of this section a person exposing relevant apparatus for supply or having such apparatus in his possession for supply shall be deemed to offer to supply it.

• (5) In this section and section 86 below—

• (a) “relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus; and

• (b) “supply” shall have the same meaning as it has in Part II of the Consumer Protection Act 1987.

Information etc. to be given in advertisements

86

• (1) Where it appears to OFCOM expedient that any description of advertisements of relevant apparatus should contain or refer to any information relating to the apparatus or its installation or use, OFCOM may by order impose requirements as to the inclusion of the information, or an indication of the means by which it may be obtained, in advertisements of that description.

• (2) An order under this section may specify the form and manner in which any information or indication required by the order is to be included in advertisements of any description.

• (3) Where an advertisement of any relevant apparatus which is to be supplied in the course of any trade or business fails to comply with any requirement imposed under this section, any person who publishes the advertisement shall, subject to section 87 below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (4) Section 85(5) above applies for the purposes of this section; and in this section “advertisement” includes a catalogue, a circular and a price list.

Offences under section 85 or 86 due to default of third person

87

• (1) Where the commission by any person of an offence under section 85 or 86 above is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.

• (2) In any proceedings for an offence under either of those sections it shall, subject to subsection (3) below, be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

• (3) Where the defence provided by subsection (2) above involves an allegation that the commission of the offence was due to the act of default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

• (4) In any proceedings for an offence under section 86 above it shall be a defence for the person charged to prove that he is a person whose business it is to publish or arrange for the publication of advertisements and that he received the advertisement for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under that section.

Miscellaneous and supplemental

Wireless telegraphy functions of Director

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of advisory committee

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Radio interference service

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Construction of references to conclusion of proceedings

91

• (1) Where proceedings for an offence to which section 79 above applies or for the forfeiture of any apparatus under Schedule 7 to the Communications Act 2003 have been terminated by any decision of a description against which an appeal will lie (whether by way of case stated or otherwise and whether with or without leave), those proceedings shall not be regarded as concluded for the purposes of section 83(1)(b) above—

• (a) until the end of the ordinary time for appeal against that decision, if no appeal proceedings in respect of it are brought within that time; or

• (b) if any such proceedings are so brought, until the conclusion of the appeal proceedings.

• (2) Subsection (1) above shall apply for determining, for the purposes of paragraph (b) of that subsection . . . , when any appeal proceedings are concluded as it applies for determining when original proceedings . . . are concluded.

• (3) References in subsection (1) above, as it applies in relation to any proceedings, to a decision terminating those proceedings, include references to any verdict, sentence, finding or order which puts an end to those proceedings.

• (4) References in this section . . . to appeal proceedings include references to an application for leave to appeal.

Interpretation of Part VI and minor amendments

92

• (1) In this Part—

• “the 1949 Act” means the Wireless Telegraphy Act 1949;

• “the 1967 Act” means the Wireless Telegraphy Act 1967; and

• “wireless telegraphy”, “wireless telegraphy apparatus”, “emission” and “interference” have the same meanings as in the 1949 Act.

• (2) In section 15(4) of the 1949 Act (obstruction of search and seizure powers, etc.)—

• (a) in paragraph (a) the word “ intentionally ” shall be inserted before the word “obstructs”; and

• (b) in paragraph (b) the words “ without reasonable excuse ” shall be inserted before the words “fails or refuses”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In paragraph 6 of Schedule 2 to the 1949 Act (rules of procedure for appeal tribunal to be made by tribunal) for the words from “by the tribunal” to the end of the paragraph there shall be substituted the words “ by the Secretary of State by statutory instrument. ”.

Part VII — Miscellaneous and Supplemental

Miscellaneous

Grants to promote interests of disabled persons

93

Directions in the interests of national security etc.

94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders under the 1973 and 1980 Acts

95

Prohibitions and restrictions applying to lessees with respect to telecommunications

96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contributions by local authorities towards provision of facilities

97

Use of certain conduits for telecommunication purposes

98

• (1) The functions of an authority with control of a relevant conduit shall include the power—

• (a) to carry out, or to authorise another person to carry out, any works in relation to that conduit for or in connection with the installation, maintenance, adjustment, repair or alteration of electronic communications apparatus;

• (b) to keep electronic communications apparatus installed in that conduit or to authorise any other person to keep electronic communications apparatus so installed;

• (c) to authorise any person to enter that conduit to inspect electronic communications apparatus kept installed there;

• (d) to enter into agreements, on such terms (including terms as to the payments to be made to the authority) as it thinks fit, in connection with the doing of anything authorised by or under this section; and

• (e) to carry on an ancillary business consisting in the making and carrying out of such agreements.

• (2) Where any enactment or subordinate legislation expressly or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or under this section.

• (3) Where the doing by an authority with control of a public sewer of anything authorised by this section would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or keeping of apparatus, wholly inside a public sewer.

• (4) Subject to subsections (2) and (3) above, subsection (1) above is without prejudice to the rights of any person with an interest in land on, under or over which a relevant conduit is situated.

• (5) Without prejudice to subsections (1) to (4) above, the Secretary of State may by order provide for any local Act under or in accordance with which any conduits (whether or not relevant conduits) are kept installed in streetsroads to be amended in such manner as appears to him requisite or expedient for securing—

• (a) that there is power for those conduits to be used for the purposes of any electronic communications network or of any electronic communications service;

• (b) that the terms (including terms as to payment) on which those conduits are used for those purposes are reasonable; and

• (c) that the use of those conduits for those purposes is not unreasonably inhibited (whether directly or indirectly) by reason of the terms of any consent, licence or agreement which has been given, granted or made in relation to any of those conduits for the purposes of that Act.

• (6) In this section “relevant conduit” means—

• (a) any conduit which, whether or not it is itself an electric line, is maintained by an electricity authority for the purpose of enclosing, surrounding or supporting such a line, including where such a conduit is connected to any box, chamber or other structure (including a building) maintained by an electricity authority for purposes connected with the conveyance, transmission or distribution of electricity, that box, chamber or structure; or

• (b) a water main or any other conduit maintained by a water authority for the purpose of conveying water from one place to another; or

• (c) a public sewer; or

• (d) a culvert which is a designated watercourse within the meaning of the Drainage (Northern Ireland) Order 2006.

• (7) In this section a reference to the authority with control of a relevant conduit—

• (a) in relation to a conduit or structure falling within paragraph (a) or (b) of subsection (6) above, shall be construed as a reference to the authority by whom the conduit or structure is maintained;

• (b) in relation to a public sewer, shall be construed, subject to subsection (8) below, as a reference to the person in whom the sewer is vested; and

• (c) in relation to a culvert falling within paragraph (d) of subsection (6) above, shall be construed as a reference to the Department of Agriculture for Northern Ireland.

• (8) Where—

• (a) the functions of an authority with control of a public sewer are, in pursuance of any enactment, discharged on its behalf by another person, and

• (b) the other person is authorised by the authority with control of the sewer to act on its behalf for the purposes of the matters referred to in subsection (1) above,

this section shall have effect in relation to that sewer as if any reference to the authority with control of the sewer included, to such extent as may be necessary for the other person so to act, a reference to the other person.

• (9) In this section—

• “alteration”, “street road” and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;

• “conduit” includes a tunnel or subway;

• “electric line”—in Great Britain, has the same meaning as in the Electricity Act 1989; andin Northern Ireland, has the same meaning as in the Electricity (Northern Ireland) Order 1992;

• “electricity authority” means a person authorised by a licence under Part I of the Electricity Act 1989 to supply or participate in the transmission of electricity or a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity;

• “public sewer”—in England and Wales, has the same meaning as in the Public Health Act 1936;in Scotland, means any sewer which is vested in Scottish Water; andin Northern Ireland, means a sewer as defined in the Water and Sewerage Services (Northern Ireland) Order 2006;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “subordinate legislation” means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the Interpretation Act (Northern Ireland) 1954;

• “water authority”—in England and Wales, means the Environment Agency, the Natural Resources Body for Wales or a water undertaker;in Scotland, means Scottish Water; andin Northern Ireland, means the a water undertaker (within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006);

• “water main”—in England and Wales, means a water main or resource main within the meaning of the Water Industry Act 1991;in Scotland, means a main within the meaning of the Water (Scotland) Act 1980; andin Northern Ireland, means a water main or resource main within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006.

Power of Post Office to provide telecommunication services etc.

99

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Membership of British Telecommunications

100

Supplemental

General restrictions on disclosure of information

101

• (1) Subject to the following provisions of this section, no information with respect to any particular business which—

• (a) has been obtained under or by virtue of the provisions of this Act ... ; and

• (b) relates to the private affairs of any individual or to any particular business,

shall during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

• (2) Subsection (1) above does not apply to any disclosure of information which is made—

• (a) for the purpose of facilitating the performance of any functions assigned ... to the Secretary of State, or OFCOM by or under this Act ... ;

• (b) for the purpose of facilitating the performance of any functions of any Minister, any Northern Ireland department, the head of any such department, the Competition and Markets Authority ; the Water Services Regulation Authority the Director General of Electricity Supply the Director General of Electricity Supply for Northern Ireland or the Director General of Gas for Northern Ireland the Office of Rail and Road , OFCOM , the Civil Aviation Authority or a local weights and measures authority in Great Britain under any of the enactments or subordinate legislation specified in subsection (3) below;

• (bb) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

• (c) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings; or

• (d) for the purpose of any civil proceedings brought under or by virtue of this Act or any of the enactments or subordinate legislation specified in subsection (3) below; ...

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The enactments and subordinate legislation referred to in subsection (2) above are—

• (a) the Trade Descriptions Act 1968;

• (b) the 1973 Act;

• (c) the Consumer Credit Act 1974;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) the Estate Agents Act 1979;

• (g) the 1980 Act.

• (h) the Consumer Protection Act 1987.

• (i) the Consumer Protection (Northern Ireland) Order 1987.

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) the Water Act 1989 , or the Water Act 2003 or the Water Act 2014.

• (k) the Electricity Act 1989.

• (l) the Electricity (Northern Ireland) Order 1992.

• (ll) The Gas (Northern Ireland) Order 1996;

• (m) the Railways Act 1993

• (n) the Competition Act 1998

• (o) Part I of the Transport Act 2000.

• (p) the Enterprise Act 2002

• (q) the Communications Act 2003 ...

• (r) the Railways Act 2005.

• (s) the Energy (Northern Ireland Order 2003;

• (t) the Water and Sewerage Services (Northern Ireland) Order 2006.

• (u) the Business Protection from Misleading Marketing Regulations 2008;

• (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (w) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;

• (x) the following provisions of the Digital Markets, Competition and Consumers Act 2024—

• (i) Part 3;

• (ii) Chapter 1 of Part 4;

• (iii) Chapter 2 of Part 5.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any person who discloses any information in contravention of this section 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.

• (6) Information obtained by OFCOM in the exercise of functions which are exercisable concurrently with the Competition and Markets Authority under Part I of the Competition Act 1998 is subject to Part 9 of the Enterprise Act 2002 (Information) and not to subsections (1) to (5) of this section.

Offences by bodies corporate

102

Summary proceedings

103

• (1) Proceedings for any offence under this Act which is punishable on summary conviction may be commenced at any time within twelve months next after the commission of the offence.

• (2) Subsection (1) above shall not apply for the purposes of an offence under any provision of the Enterprise Act 2002 as applied by virtue of section 13B above.

Orders and schemes

104

• (1) Any power of the Secretary of State to make an order or a scheme under this Act shall be exercisable by statutory instrument subject, except in the case of an order under section . . . 110(5), . . . to annulment in pursuance of a resolution of either House of Parliament.

• (1A) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to every power of OFCOM to make an order under a provision of this Act.

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

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

• (2) Any order or scheme under this Act may make different provision with respect to different cases or descriptions of case.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisions

105

There shall be paid out of money provided by Parliament any administrative expenses incurred by the Secretary of State in consequence of the provisions of this Act and any increase attributable to this Act in the sums payable out of money so provided under any other Act.

General interpretation

106

• (1) In this Act, unless the context otherwise requires—

• “the 1973 Act” means the Fair Trading Act 1973;

• “the 1980 Act” means the Competition Act 1980;

• “the 1981 Act” means the British Telecommunications Act 1981;

• “the appointed day” has the meaning given by section 2 above;

• ...

• ...

• ...

• ...

• ...

• ...

• “the excepted liabilities” has the meaning given by section 60(2) above;

• “modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;

• “OFCOM” means the Office of Communications;

• ...

• ...

• “the successor company” and “the transfer date” have the meanings given by section 60(1) above;

• ...

• ...

• ...

• ...

• ...

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Any power conferred on the Secretary of State by this Act to give a direction if it appears to him to be requisite or expedient to do so in the interests of national security or relations with the government of a country or territory outside the United Kingdom includes power to give the direction if it appears to him to be requisite or expedient to do so in order—

• (a) to discharge, or facilitate the discharge of, an obligation binding on Her Majesty’s Government in the United Kingdom by virtue of it being a member of an international organisation or a party to an international agreement;

• (b) to attain, or facilitate the attainment of, any other objects the attainment of which is, in the Secretary of State’s opinion, requisite or expedient in view of Her Majesty’s Government in the United Kingdom being a member of such an organisation or a party to such an agreement; or

• (c) to enable Her Majesty’s Government in the United Kingdom to become a member of such an organisation or a party to such an agreement.

• (5) For the purposes of any licence granted, approval given or order made under this Act any description or class may be framed by reference to any circumstances whatsoever.

Application to territorial waters and the continental shelf etc.

107

• (1) An Order in Council under section 11 of the Petroleum Act 1998 (application of civil law) may make provision for treating for the purposes of this Act and subordinate legislation made under it—

• (a) any installation in waters to which that section applies and with respect to which provision is made under that section; and

• (b) any waters within five hundred metres of such an installation,

as if they were situated in such part of the United Kingdom as may be specified in the Order; and different provision may be so made for different purposes.

• (2) In section 6 of the Continental Shelf Act 1964 (which makes, in relation to the Wireless Telegraphy Act 1949 and regulations made under it, provision corresponding to that made by subsection (1) above) for the words “an area or part” there shall be substituted the words “ waters to which that section applies and ”.

• (3) In relation to any time before the coming into force of the said section 23, subsection (1) above shall have effect as if—

• (a) for the words “section 23 of the Oil and Gas (Enterprise) Act 1982” there were substituted the words “ section 3 of the Continental Shelf Act 1964 ”; and

• (b) for the words “waters to which that section applies and” there were substituted the words “ an area or part ”.

• (4) In this section—