SCHEDULES
SCHEDULE 17Minor and Consequential Amendments
Telecommunications Act 1984
I10I263
1
Sections 44 to 46 of the Telecommunications Act 1984 (c. 12) (offences relating to modification and interception of messages and to assaults on the persons engaged on the business of a telecommunications operator) shall cease to have effect.
2
No proceedings shall be capable of being begun at any time after the commencement of this paragraph for any offence under any of those sections which was committed before the commencement of this paragraph.
3
Any proceedings for an offence under any of those sections which have been begun before the commencement of this paragraph but in which there has not yet been a conviction must be discontinued immediately.
F2I1564
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F2I2065
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F2I1466
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F2I1867
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F2I1668
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F2I1769
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I8I670
1
Section 94 of that Act (directions in the interests of national security) shall be amended as follows.
2
In subsection (1), for “requisite or expedient” there shall be substituted “
necessary
”
.
3
In subsection (2), for “requisite or expedient” there shall be substituted “
necessary
”
.
4
After subsection (2), there shall be inserted—
2A
The Secretary of State shall not give a direction under subsection (1) or (2) unless he believes that the conduct required by the direction is proportionate to what is sought to be achieved by that conduct.
5
In subsection (3), for “this Act” there shall be substituted “
Part 1 or Chapter 1 of Part 2 of the Communications Act 2003 and, in the case of a direction to a provider of a public electronic communications network, notwithstanding that it relates to him in a capacity other than as the provider of such a network
”
.
6
In subsection (6), for “public telecommunications operators” there shall be substituted “
providers of public electronic communications networks
”
.
7
In subsection (8), for the words from “the Director” onwards there shall be substituted “
OFCOM and to providers of public electronic communications networks.
”
I7I571
1
Section 98 of that Act (use of conduits for telecommunications purposes) shall be amended as follows.
2
In subsection (1), for the words “telecommunication apparatus”, wherever occurring, there shall be substituted “
electronic communications apparatus
”
.
3
In subsection (5)(a), for the words “telecommunication purposes” there shall be substituted “
the purposes of any electronic communications network or of any electronic communications service
”
.
72
I1I131
Section 101 of that Act (general restrictions on disclosure of information) shall be amended as follows.
F1I1I132
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I1I133
In subsection (2)(a)—
a
the words “or transferred”shall be omitted; and
b
for the words “, the Director or the Commission by or under this Act” there shall be substituted “
or OFCOM by or under this Act (except functions assigned by or under Part 6)
”
.
I94
In subsection (2)(b), after “the Rail Regulator” there shall be inserted “
, OFCOM
”
.
I1I135
In subsection (3), after paragraph (p) there shall be inserted—
q
the Communications Act 2003 (excluding the provisions of that Act which are enactments relating to the management of the radio spectrum within the meaning of that Act).
I1I136
Subsection (4) shall cease to have effect.
I97
In subsection (6), for “the Director” there shall be substituted “
OFCOM
”
.
I19I1273
In section 104 of that Act (orders and schemes), after subsection (1) there shall be inserted—
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
The approval of the Secretary of State is required for the making by OFCOM of an order under section 85 or 86 above.
1C
A statutory instrument containing an order made by OFCOM under section 85 or 86 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
I474
In section 106(1) of that Act (general interpretation), after the definition of “modifications” there shall be inserted—
“OFCOM” means the Office of Communications;
I3I1175
In paragraph 18(2) of Schedule 2 to that Act (notices affixed to overhead apparatus), for “paragraph 24(4)(a)” there shall be substituted “
paragraph 24(2A)(a)
”
.