ukpga/1984/12 — Telecommunications Act 1984

Telecommunications Act 1984 1984 c. 12 An Act to provide for the appointment and functions of a Director General of Telecommunications; to abolish British Telecommunications’ exclusive privilege with respect to telecommunications and to make new provision with respect to the provision of telecommunication services and certain related services; to make provision, in substitution for the Telegraph Acts 1863 to 1916 and Part IV of the Post Office Act 1969, for the matters there dealt with and related matters; to provide for the vesting of property, rights and liabilities of British Telecommunications in a company nominated by the Secretary of State and the subsequent dissolution of British Telecommunications; to make provision with respect to the finances of that company; to amend the Wireless Telegraphy Acts 1949 to 1967, to make further provision for facilitating enforcement of those Acts and otherwise to make provision with respect to wireless telegraphy apparatus and certain related apparatus; to give statutory authority for the payment out of money provided by Parliament of expenses incurred by the Secretary of State in providing a radio interference service; to increase the maximum number of members of British Telecommunications pending its dissolution; and for connected purposes. [12th April 1984] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part I Introductory The Director General of Telecommunications. 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 As from such day as the Secretary of State may by order appoint for the purposes of Parts II to IV of this Act (in this Act referred to as “ the appointed day ”), the exclusive privilege of running telecommunication systems conferred on British Telecommunications by section 12 of the British Telecommunications Act 1981 (in this Act referred to as “ the 1981 Act ”) shall cease to exist. General duties of Secretary of State and Director. 3 1 The Secretary of State and the Director shall each have a duty to exercise the functions assigned or transferred to him by or under Part II or Part III of this Act in the manner which he considers is best calculated— a to secure that there are provided throughout the United Kingdom, save in so far as the provision thereof is impracticable or not reasonably practicable, such telecommunication services as satisfy all reasonable demands for them including, in particular, emergency services, public call box services, directory information services, maritime services and services in rural areas; and b without prejudice to the generality of paragraph (a) above, to secure that any person by whom any such services fall to be provided is able to finance the provision of those services. 2 Subject to subsection (1) above, the Secretary of State and the Director shall each have a duty to exercise the functions assigned or transferred to him by or under Part II or Part III of this Act in the manner which he considers is best calculated— a to promote the interests of consumers, purchasers and other users in the United Kingdom (including, in particular, those who are disabled or of pensionable age) in respect of the prices charged for, and the quality and variety of, telecommunication services provided and telecommunication apparatus supplied; b to maintain and promote effective competition between persons engaged in commercial activities connected with telecommunications in the United Kingdom; c to promote efficiency and economy on the part of such persons; d to promote research into and the development and use of new techniques by such persons; e to encourage major users of telecommunication services whose places of business are outside the United Kingdom to establish places of business in the United Kingdom; f to promote the provision of international transit services by persons providing telecommunication services in the United Kingdom; g to enable persons providing telecommunications services in the United Kingdom to compete effectively in the provision of such services outside the United Kingdom; h to enable persons producing telecommunication apparatus in the United Kingdom to compete effectively in the supply of such apparatus both in and outside the United Kingdom. 3 Subsections (1) and (2) above do not apply in relation to anything done— a by the Secretary of State in the interests of national security or relations with the government of a country or territory outside the United Kingdom; or b in the exercise of functions assigned or transferred by or under section 50(1) or (2) below; and subsection (2) above does not apply in relation to anything done in the exercise of functions assigned by section 10(3) or (8) or 52 below. 3A Subsections (1) and (2) above do not apply in relation to the determination of disputes by the Director under or by virtue of section 27A, 27F, 27G or 27I below. 3B Subsections (1) and (2) above do not apply in relation to anything done by the Director in the exercise of functions assigned to him by section 50(3) below (“ Competition Act functions ”). 3C The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by subsection (1) or (2) above (“ a general matter ”), if it is a matter to which the Office of Fair Trading could have regard when exercising that function; but that is not to be taken as implying that, in relation to any of the matters mentioned in subsection (3) or (3A) above, regard may not be had to any general matter. 4 In this section “ international transit service ” means a telecommunications service consisting in the conveyance of sounds, visual images or signals which have been conveyed from, and are to be conveyed to, places outside the United Kingdom. Meaning of “telecommunication system” and related expressions. 4 1 In this Act “ telecommunication system ” means a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of— a speech, music and other sounds; b visual images; c signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images; or d signals serving for the actuation or control of machinery or apparatus. 2 For the purposes of this Act telecommunication apparatus which is situated in the United Kingdom and— a is connected to and comprised in a telecommunication system; or b is connected to but not comprised in a telecommunication system which extends beyond the United Kingdom, shall be regarded as a telecommunication system and any person who controls the apparatus shall be regarded as running the system. 3 In this Act— “ commercial activities connected with telecommunications ” means any of the following, that is to say, the provision of telecommunication services, the supply or export of telecommunication apparatus and the production or acquisition of such apparatus for supply or export; “ telecommunication apparatus ” means (except where the extended definition in Schedule 2 to this Act applies) apparatus constructed or adapted for use— in transmitting or receiving anything falling within paragraphs (a) to (d) of subsection (1) above which is to be or has been conveyed by means of a telecommunication system; or in conveying, for the purposes of such a system, anything falling within those paragraphs; “ telecommunication service ” means any of the following, that is to say— a service consisting in the conveyance by means of a telecommunication system of anything falling within paragraphs (a) to (d) of subsection (1) above; a directory information service, that is to say, a service consisting in the provision by means of a telecommunication system of directory information for the purpose of facilitating the use of a service falling within paragraph (a) above and provided by means of that system; and a service consisting in the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of apparatus which is or is to be connected to a telecommunication system. 4 Subject to subsection (6) below, a telecommunication system is connected to another telecommunication system for the purposes of this Act if it is being used, or is installed or connected for use, in conveying anything falling within paragraphs (a) to (d) of subsection (1) above which is to be or has been conveyed by means of that other system. 5 Subject to subsection (6) below, apparatus is connected to a telecommunication system for the purposes of this Act if it is being used, or is installed or connected for use— a in transmitting or receiving anything falling within paragraphs (a) to (d) of subsection (1) above which is to be or has been conveyed by means of that system; or b in conveying, for the purposes of that system, anything falling within those paragraphs; and references in this subsection to anything falling within those paragraphs shall include references to energy of any kind mentioned in that subsection. 6 The connection to a telecommunication system of any other telecommunication system or any apparatus shall not be regarded as a connection for the purposes of this Act if that other telecommunication system or that apparatus would not be so connected but for its connection to another telecommunication system. 7 In this section, except subsection (1) above, “ convey ” includes transmit, switch and receive and cognate expressions shall be construed accordingly. Part II Provision of Telecommunication Services Licensing etc. of telecommunication systems Prohibition on running unlicensed systems. 5 1 Subject to the provisions of this section and section 6 below, a person who runs a telecommunication system within the United Kingdom shall be guilty of an offence unless he is authorised to run the system by a licence granted under section 7 below. 2 Subject to the provisions of this section, a person who runs within the United Kingdom a telecommunication system which he is authorised to run by a licence granted under section 7 below shall be guilty of an offence if— a there is connected to the system— i any other telecommunication system; or ii any apparatus, which is not authorised by the licence to be so connected; or b there are provided by means of the system any telecommunication services which are not authorised by the licence to be so provided. 3 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. 4 Where the commission by any person of an offence under this section 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. 5 In any proceedings for an offence under this section it shall, subject to subsection (6) 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. 6 Where the defence provided by subsection (5) above involves an allegation that the commission of the offence was due to the act or 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. 7 No proceedings shall be instituted in England and Wales or Northern Ireland in respect of an offence under this section except by or on behalf of the Secretary of State or the Director. Exceptions to section 5. 6 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 5(1) above is not contravened by— a the running of a telecommunication system in the case of which the only agency involved in the conveyance of things thereby conveyed is light and the things thereby conveyed are so conveyed as to be capable of being received or perceived by the eye and without more; b the running by a person of a telecommunication system which is not connected to another telecommunication system and in the case of which all the apparatus comprised therein is situated either— i on a single set of premises in single occupation; or ii in a vehicle, vessel, aircraft or hovercraft or in two or more vehicles, vessels, aircraft or hovercraft mechanically coupled together; or c the running by a single individual of a telecommunication system which is not connected to another telecommunication system and in the case of which— i all the apparatus comprised therein is under his control; and ii everything conveyed by it that falls within paragraphs (a) to (d) of section 4(1) above is conveyed solely for domestic purposes of his; and references in paragraphs (b) and (c) above to another telecommunication system do not include references to a telecommunication system to which subsection (2A) below applies (whether run by a broadcasting authority or by any other person). 2A This subsection applies to a telecommunication system in the case of which every conveyance made by it is either— a a transmission, by wireless telegraphy, from a transmitting station for general reception of sounds, visual images or such signals as are mentioned in paragraph (c) of section 4(1) above; or b a conveyance within a single set of premises of sounds, visual images or such signals which are to be or have been so transmitted. 3 In the case of a business carried on by a person, section 5(1) above is not contravened by the running, for the purposes of that business, of a telecommunication system which is not connected to another telecommunication system and with respect to which the conditions specified in subsection (4) below are satisfied. 4 The said conditions are— a that no person except the person carrying on the business is concerned in the control of the apparatus comprised in the system; b that nothing falling within paragraphs (a) to (d) of section 4(1) above is conveyed by the system by way of rendering a service to another; c that, in so far as sounds or visual images are conveyed by the system, they are not conveyed for the purpose of their being heard or seen by persons other than the person carrying on the business or any employees of his engaged in the conduct thereof; d that in so far as such signals are mentioned in paragraph (c) of section 4(1) above are conveyed by the system, they are not conveyed for the purpose of imparting matter otherwise than to the person carrying on the business, any employees of his engaged in the conduct thereof or things used in the course of the business and controlled by him; and e that, in so far as such signals as are mentioned in paragraph (d) of section 4(1) above are conveyed by the system, they are not conveyed for the purpose of actuating or controlling machinery or apparatus used otherwise than in the course of the business. 5 In this section— “ broadcasting authority ” means a person licensed under the Wireless Telegraphy Act 1949 to broadcast programmes for general reception; “ business ” includes a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporate; “ vessel ” means a vessel of any description used in navigation; “ wireless telegraphy ” has the same meaning as in the said Act of 1949. Power to license systems. 7 1 A licence may be granted— a by the Secretary of State after consultation with the Director; or b with the consent of, or in accordance with a general authorisation given by, the Secretary of State, by the Director, for the running of any such telecommunication system as is specified in the licence or is of a description so specified. 2 A licence granted under this section shall be in writing and, unless previously revoked in accordance with any term in that behalf contained in the licence, shall continue in force for such period as may be specified in or determined by or under the licence. 3 A licence granted under this section may be granted either to all persons, to persons of a class or to a particular person. 3A In granting a licence under this section for the running of a telecommunication system to which the Licensing Directive applies the Secretary of State and the Director shall ensure that the requirements of Article 7 of the Licensing Directive are complied with. 4 A licence granted under this section may authorise— a the connection to any telecommunication system to which the licence relates of— i any other telecommunication system specified in the licence or of a description so specified; and ii any apparatus so specified or of a description so specified; and b the provision by means of any telecommunication system to which the licence relates of any telecommunication services specified in the licence or of a description so specified. 5 A licence granted under this section may include— a such conditions (whether relating to the running of a telecommunication system to which the licence relates or otherwise) as appear to the Secretary of State or the Director to be requisite or expedient having regard to the duties imposed on him by section 3 above the provisions of Articles 4(1), 8(1) and 8(2) of the Licensing Directive and the obligations imposed on him in pursuance of the Telecommunications (Interconnection) Regulations 1997 or by regulation 30 of the Telecommunications (Data Protection and Privacy) Regulations 1999 ; b conditions requiring the rendering to the Secretary of State of a payment on the grant of the licence or payments during the currency of the licence or both of such amount or amounts as may be determined by or under the licence; and c in the case of a licence granted to persons of a class, conditions requiring any person who falls within the class of persons to which the licence relates to notify the Secretary of State or the Director of his intention to run a telecommunication system under that licence. 6 Without prejudice to the generality of paragraph (a) of subsection (5) above, conditions included by virtue of that paragraph in a licence granted under this section to a particular person may require that person— a to comply with any direction given by the Director as to such matters as are specified in the licence or are of a description so specified; b except in so far as the Director consents to his doing or not doing them, not to do or to do such things as are specified in the licence or are of a description so specified; and c to refer for determination by the Director such questions arising under the licence as are specified in the licence or are of a description so specified. 6A Where the Secretary of State or the Director receives an application for a licence to run a telecommunication system which cannot be run in accordance with the terms of a current licence which has been granted to persons of a class, he shall, subject to any time limits for the grant of licences specified in the procedures referred to in subsection (2) of section 7A below— a grant a temporary licence containing such conditions as he considers appropriate to enable the applicant to commence running that system; or b reject the application. 6B Where the Secretary of State or the Director grants a temporary licence under subsection (6A) above he shall, as soon as possible thereafter, either replace it with another licence granted under this section containing such conditions as he considers appropriate, or revoke it. 7 A licence granted under this section otherwise than to a particular person, and the details of the procedures applying to the grant of such a licence, shall be published in such manner as the Secretary of State or the Director considers appropriate for bringing the licence or procedures to the attention of such persons who may be interested and a reference to such publication shall also be published in the London, Edinburgh and Belfast Gazettes. 8 A copy of every licence granted under this section by the Secretary of State shall be sent to the Director. 9 Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund. 10 Neither the requirement to consult with the Director imposed by subsection (1)(a) above nor sections 8(5) and 10(6) below shall apply to the granting by the Secretary of State of the licence or licences which, having regard to the provisions of this Act, require to be granted (whether to British Telecommunications or to any other person) before the appointed day. 10A Before the Secretary of State or the Director decides whether to grant or revoke a licence under this section which authorises the running of a telecommunication system to which subsection (10B) below applies, he shall consult with the Independent Television Commission 10B A telecommunication system is one to which this subsection applies if— a any person proposes to provide or is providing, by means of the system, a local delivery service (within the meaning of Part II of the Broadcasting Act 1990) ; and b notice of that fact has been given to the Secretary of State or the Director. 11 Where a licence granted under this section to a particular person includes a provision requiring that person to run any telecommunication system to which the licence relates through the agency of some other person, that other person, as well as the first mentioned person, shall be taken for the purposes of this section and the following provisions of this Part to be authorised by that licence to run that system. 12 Where the Secretary of State or the Director proposes— a to revoke a licence granted to persons of a class; or b to refuse to grant a licence to, or to revoke a licence, granted to a particular person, including a temporary licence granted under subsection (6A) above, he shall give notice of his proposal in accordance with subsection (13) below and shall consider any representations or objections which are duly made and not withdrawn. 13 The Secretary of State or the Director shall— a in the case of a licence referred to in subsection (12)(a) above, publish in such manner as he thinks appropriate a notice stating the reasons why he proposes to revoke the licence and specifying the time (not being less than 28 days from the date of publication) within which representations or objections with respect to the revocation may be made; b in the case of a licence referred to in subsection (12)(b) above, give to the person applying for or holding the licence a notice stating the reasons why he proposes to refuse to grant, or to revoke, the licence and specifying the time (not being less than 28 days from the date of the notice) within which representations or objections with respect to the refusal or revocation may be made. 14 After the Secretary of State or the Director has confirmed or withdrawn a proposal published or notified under subsection (13) above he shall— a in the case of a licence referred to in subsection (12)(a) above, publish in such manner as he thinks appropriate; b in the case of a licence referred to in subsection (12)(b) above, give to the person applying for or holding the licence, a notice in accordance with subsection (15) below. 15 The notice required by subsection (14) above shall— a state whether the proposal has been confirmed or withdrawn; b give reasons for that decision; c in the case of a decision to revoke the licence, specify the date on which the licence ceases to have effect. 16 In this section— “ Licensing Directive ” means Directive 97/13/ EC of the European Parliament and of the Council on a common framework for general authorisations and individual licences in the field of telecommunication services. . Licensing procedures 7A 1 Licences granted under section 7 above to particular persons shall be granted on the basis of procedures established by the Secretary of State or the Director, details of which shall be contained in a notice given by him. 2 The details given in a notice under subsection (1) above in relation to any licences shall include— a time limits for dealing with applications for the grant of a licence; b requirements which must be met for the grant of a licence; c information about the conditions to be included in a licence; d details of the fees or the method of calculating the fees payable in respect of a licence. 3 Where the person applying for a licence fails to provide any information which the Secretary of State or the Director reasonably requires in order to satisfy himself that the applicant is able to comply with the conditions in the licence the Secretary of State or the Director may refuse to grant the licence. 4 A notice under this section shall be published in such manner as the Secretary of State or the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of those likely to be affected by them, and a reference to such notice shall also be published in the London, Edinburgh and Belfast Gazettes. Special provisions applicable to certain licences. 8 1 This section applies to any licence granted under section 7 above to a particular person which includes conditions requiring that person— a to provide such telecommunication services as are specified in the licence or are of a description so specified; b to connect to any telecommunication system to which the licence relates, or permit the connection to any such system of, such other telecommunication systems and such apparatus as are specified in the licence or are of a description so specified; c to permit the provision by means of any telecommunication system to which the licence relates of such services as are specified in the licence or are of a description so specified; d not to show undue preference to, or to exercise undue discrimination against, particular persons or persons of any class or description (including, in particular, persons in rural areas) as respects any service provided, connection made or permission given in pursuance of such conditions as are mentioned in the foregoing paragraphs (whether in respect of the charges or other terms or conditions applied or otherwise); and e to publish, in such manner and at such times as are specified in the licence, a notice specifying, or specifying the method that is to be adopted for determining, the charges and other terms and conditions that are to be applicable to such services so provided, such connections so made and such permissions so given as are specified in the licence or are of a description so specified. 2 Where a licence granted under section 7 above to a particular person includes a condition requiring that person to provide such directory information services to which this subsection applies as are specified in the licence or are of a description so specified, subsection (1) above shall have effect as if the conditions there mentioned included a condition requiring that person to provide without charge for subscribers who are blind or otherwise disabled such directory information services to which this subsection applies as are appropriate to meet the needs of those subscribers and are specified in the licence or are of a description so specified. 3 Subsection (2) above applies to any directory information service which is provided for the purpose of facilitating the use of a voice telephony service and in that subsection “ blind or otherwise disabled ” means so blind or otherwise disabled as to be unable to use a telephone directory. 4 It is immaterial for the purposes of subsections (1) and (2) above whether the person to whom the licence is granted is required to refer for determination by the Director such questions arising under the conditions mentioned in those subsections as are specified in the licence or are of a description so specified. 5 Before granting a licence to which this section applies, the Secretary of State or the Director shall give notice— a stating that he proposes to grant the licence and setting out its effect; b stating the reasons why be proposes to grant the licence; and c specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed licence may be made, and shall consider any representations or objections which are duly made and not withdrawn. 6 A notice under subsection (5) above shall be given by publication in such manner as the Secretary of State or the Director considers appropriate for bringing the matters to which the notice relates to the attention of persons likely to be affected by them. Public telecommunication systems. 9 1 The Secretary of State may by order designate as a public telecommunication system any telecommunication system the running of which is authorised by a licence to which section 8 above applies; and any reference in this Act to a public telecommunication system is a reference to a telecommunication system which is so designed and the running of which is so authorised. 2 An order under subsection (1) above shall not come into operation until after the end of the period of 28 days beginning with— a the day on which copies of the order, and of the licence to which section 8 above applies, are laid before each House of Parliament; or b if such copies are so laid on different days, the last of those days. 3 In this Act “ public telecommunications operator ” means a person authorised by a licence to which section 8 above applies to run a public telecommunication system. 4 In any case where it appears to the Secretary of State that it is expedient for transitional provision to be made in connection with a telecommunication system ceasing to be a public telecommunication system, or a person ceasing to be a public telecommunications operator, the Secretary of State may make a scheme giving effect to such transitional provision as he thinks fit. The telecommunications code. 10 1 Subject to the following provisions of this section, the code (to be known as “ the telecommunications code ”) which is contained in Schedule 2 to this Act shall have effect— a where it is applied to a particular person by a licence granted by the Secretary of State under section 7 above authorising that person to run a telecommunication system; and b where the Secretary of State or a Northern Ireland department is running or is proposing to run a telecommunication system. 2 The telecommunications code shall not be applied to a person authorised by a licence under section 7 above to run a telecommunication system unless— a that licence is a licence to which section 8 above applies; or b it appears to the Secretary of State— i that the running of the system will benefit the public; and ii that it is not practicable for the system to be run without the application of that code to that person. 3 Where the telecommunications code is applied to any person by a licence under section 7 above it shall have effect subject to such exceptions and conditions as may be included in the licence for the purpose of qualifying the rights exercisable by that person by virtue of the code. 3A Where— a the telecommunications code expressly or impliedly imposes any limitation on the use to which any telecommunication apparatus installed by a person authorised by a licence under section 7 above may be put, and b that person is a party to a relevant agreement, that limitation shall not have effect so as to preclude the doing of anything which is done in relation to that apparatus in pursuance of that agreement; and anything which is so done shall be disregarded in determining, for the purposes of the telecommunications code as it applies in relation to that person, the purposes for which the apparatus is used. 3B Subsection (3A) above shall not be construed, in relation to a person who is authorised by a relevant agreement to share the use of any apparatus installed by another party to the agreement, as affecting any requirement on him (whether imposed by any statutory provision or otherwise) to obtain any consent or permission in connection with the installation by him of any apparatus, or the doing by him of any other thing, in pursuance of the agreement. 3C In subsections (3A) and (3B) above “ relevant agreement ”, in relation to any telecommunication apparatus, means an agreement in writing— a to which the parties are two or more persons to whom the telecommunications code has been applied by a licence granted under section 7 above; and b which relates to the sharing by those persons of the use of that apparatus, and in subsection (3B) above “ statutory provision ” means any provision of an enactment or of an instrument having effect under an enactment. 4 Without prejudice to the generality of subsection (3) above, the exceptions and conditions there mentioned shall include such exceptions and conditions as appear to the Secretary of State to be requisite or expedient for the purpose of securing— a that the physical environment is protected and, in particular, that the natural beauty and amenity of the countryside is conserved; b that there is no greater damage to streets roads or interference with traffic than is reasonably necessary; c that funds are available for meeting any liabilities which may arise from the exercise of rights conferred by or in accordance with the code; and any condition falling within this subsection may impose on the person to whom the code is applied a requirement to comply with directions given in a manner specified in the condition and by a person so specified or of a description so specified. 5 A licence under section 7 above which applies the telecommunications code to any person in relation to any part or locality of the United Kingdom shall include a condition requiring that person to cause copies of— a the exceptions and conditions subject to which the telecommunications code has effect as so applied; and b every direction given in a manner specified in any such condition by a person so specified or of a description so specified, to be open for inspection by members of the public free of charge at such premises in that part or locality as are specified in the licence or are of a description so specified. 6 Before granting under section 7 above a licence which applies the telecommunications code to a particular person in relation to any part or locality of the United Kingdom, the Secretary of State shall publish a notice— a stating that he proposes to apply the code to that person in relation to that part or locality and setting out the effect of the exceptions and conditions subject to which he proposes that the code should have effect as so applied; b stating the reasons why he proposes to apply the code to that person in relation to that part or locality and why he proposes that the code as so applied should have effect subject to those exceptions and conditions; and c specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed application of the code to that person in relation to that part or locality and with respect to the proposed exceptions and conditions may be made, and shall reconsider his proposals in the light of any representations or objections which are duly made and not withdrawn. 7 If the Secretary of State, on reconsidering in pursuance of subsection (6) above any proposals specified in a notice under that subsection, grants a licence under section 7 above applying the telecommunications code to any person in relation to any part or locality of the United Kingdom, he shall on granting that licence publish a further notice— a stating that the code has been applied to that person in relation to that part or locality and setting out the effect of the exceptions and conditions subject to which the code has effect as so applied; and b stating the reasons why the code has been applied to that person in relation to that part or locality and why the code as so applied has effect subject to those exceptions and conditions. 8 Where the Secretary of State has granted a licence under section 7 above which applies the telecommunications code to a particular person in relation to any part or locality of the United Kingdom, he may— a with the consent of that person; or b if it appears to him requisite or expedient to do so for the purpose mentioned in subsection (4) above, modify the exceptions and conditions subject to which the code has effect as so applied. 9 Before modifying the exceptions and conditions subject to which the telecommunications code has effect as applied to any person in relation to any part or locality of the United Kingdom by a licence granted under section 7 above, the Secretary of State shall publish a notice— a stating that he proposes to make the modifications and setting out their effect; b stating the reasons why he proposes to make the modifications; and c specifying the time (not being less than 28 days from the date of publication of this notice) within which representations or objections with respect to the proposed modifications may be made, and shall reconsider his proposals in the light of any representations or objections which are duly made and not withdrawn. 10 If the Secretary of State, on reconsidering in pursuance of subsection (9) above any proposals specified in a notice under that subsection, modifies the exceptions and conditions subject to which the telecommunications code has effect as applied to any person in relation to any part or locality of the United Kingdom by a licence granted under section 7 above, he shall on making the modifications publish a further notice— a stating that the modifications have been made and setting out their effect; and b stating the reasons why the modifications have been made. 11 A notice under this section shall be published in such manner as the Secretary of State considers appropriate for bringing the matters to which the notice relates to the attention of persons likely to be affected by them. Provisions supplementary to section 10. 11 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The Secretary of State may from time to time by order provide that the telecommunications code shall have effect for all purposes as if an amount specified in the order were substituted for the amount specified, or for the time being having effect as if specified, in sub-paragraph (3) of paragraph 16 of the code as the minimum amount of compensation payable under that paragraph; and an order under this subsection may contain such transitional provisions as the Secretary of State considers appropriate. 4 In any case where it appears to the Secretary of State that it is expedient for transitional provision to be made in connection with the telecommunications code ceasing to apply to any person by reason of the expiry or revocation of a person’s licence under section 7 above, the Secretary of State may make a scheme giving effect to such transitional provision as the Secretary of State thinks fit. 5 Without prejudice to the generality of subsection (4) above, a scheme under that subsection may— a impose obligations on a person to whom the telecommunications code has ceased to apply as mentioned in subsection (4) above to remove anything installed in pursuance of any right conferred by or in accordance with the telecommunications code, to restore land to its condition before anything was done in pursuance of any such right or to pay the expenses of any such removal or restoration; b provide for those obligations to be enforceable in such manner (otherwise than by criminal penalties) and by such persons as may be specified in the scheme; c authorise the retention of apparatus on any land pending the grant of a licence under section 7 above authorising the running by any person of a telecommunication system for the purposes of which that apparatus may be used; d provide for the purposes of any provision contained in the scheme by virtue of paragraph (a), (b) or (c) above for such questions arising under the scheme as are specified in the scheme, or are of a description so specified, to be referred to, and determined by, the Director. Modification of licences Modification of licence conditions by agreement. 12 1 Subject to the following provisions of this section, the Director may modify the conditions of a licence granted under section 7 above. 2 Before making modifications under this section, the Director shall give notice— a stating that he proposes to make the modifications and setting out their effect; b stating the reasons why he proposes to make the modifications; and c specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made, . . . 3 A notice under subsection (2) above shall be given by publication in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them and, in the case of a licence granted to a particular person, by sending a copy of the notice to every relevant licensee . 4A In the case of a licence granted to all persons, or to all persons of a particular class, the Director shall not make any modification unless— a he has considered every representation made to him about the modification; and b there has not been any objection by a person running a telecommunication system under the authority of the licence to the making of the modification. 4B In the case of a licence granted to a particular person, the Director shall not make any modification unless— a he has considered every representation made to him about the modification or any modification in the same or similar terms that he is at the same time proposing to make in the case of other licences; and b the requirements of section 12A below are satisfied in the case of the modification and also in the case of every such modification in the same or similar terms. 5 The Director shall also send a copy of a notice under subsection (2) above to the Secretary of State; and if, within the time specified in the notice, the Secretary of State directs the Director not to make any modification, the Director shall comply with the direction. 6 The Secretary of State shall not give a direction under subsection (5) above unless— a it appears to him that the modification should be made, if at all, under section 15 below; or b 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. 6A Where the Director makes a modification under this section, he shall, as soon as reasonably practicable after making the modification, give notice of his reasons for doing so. 6B Subsection (3) above shall apply in the case of a notice under subsection (6A) above as it applies in the case of a notice under subsection (2) above. 6C Where the Director has given notice under subsection (2) above of a proposal to modify the conditions of a licence, he may in such manner and at such time as he considers appropriate publish— a the identities of any or all of the persons who objected to the making of the modification; and b to the extent that confidentiality for representations or objections in relation to the proposal for the modification has not been claimed by the persons making them, such other particulars of the representations or objections as he thinks fit. 6D In this section and section 12A below (except in subsection (6C) above), a reference to a representation or objection, in relation to a modification, is a reference only to a representation or objection which— a was duly made to the Director within a time limit specified in the case of that modification under subsection (2)(c) above or section 12A(5)(d) below; and b has not subsequently been withdrawn; and for the purposes of this section and section 12A below representations against a modification shall be taken to constitute an objection only if they are accompanied by a written statement that they are to be so taken. 6E In this section and section 12A below “ relevant licensee ”, in relation to a modification, means— a in a case where the same or a similar modification is being proposed at the same time in relation to different licences granted to different persons, each of the persons who, at the time when notice of the proposals is given, is authorised by one or more of those licences to run a telecommunication system; and b in any other case, the person authorised by the licence in question to run such a system. 6F In this section references to a modification of the conditions of a licence do not include references to any modification to which effect is given by the exercise of a power under the terms of any licence to revoke it and by the grant of a new licence. 7 References in this section and in sections 12A to 15 below to modifications of the conditions of a licence do not include references to modifications of conditions relating to the application of the telecommunications code. Agreement required for the purposes of section 12. 12A 1 The requirements of this section are satisfied in the case of a modification if any of subsections (2) to (4) below applies. 2 This subsection applies if— a it appears to the Director that the relevant licensee or, as the case may be, each of the relevant licensees has been given a reminder, at least seven days before the making of the modification, of the Director’s powers in the absence of objections; and b there has not been an objection by a relevant licensee to the making of the modification. 3 This subsection applies if— a the modification is one which in the opinion of the Director is deregulatory; and b the notice given under section 12(2) above in the case of the proposal for the modification contained a statement of that opinion and of the Director’s reasons for it. 4 This subsection applies if— a the modification is in the same or similar terms as modifications that the Director has already proposed but not yet made in the case of other licences; b the licence in question is one issued since the making of the proposal for the modification of the conditions of the other licences; c subsection (2) or (3) above applies in the case of the modifications of the conditions of the other licences; d it appears to the Director that the person holding the licence in question has been given a reasonable opportunity of stating whether he objects to the modification; and e that person has not objected. 5 A reminder for the purposes of subsection (2)(a) above— a must be contained in a notice given by the Director and, in the case of a relevant licensee which is a company with a registered office in the United Kingdom, must have been given to that company by being sent to that office; b must remind the licensee of the contents of the notice which was copied to the licensee under section 12(3) above in the case of the modification in question; c must state that the Director will be able to make the modification if no relevant licensee objects; and d must specify a time (not being less than seven days from the date of the giving of the notice) at the end of which the final opportunity for the making of representations and objections will expire. 6 Nothing in subsection (2) above shall require a reminder to be sent to a person who has consented to the making of the modification in question. 7 For the purposes of this section a modification is deregulatory if— a the effect of the conditions to be modified is to impose a burden affecting the holder of the licence in which those conditions are included; b the modification would remove or reduce the burden without removing any necessary protection; c the modification is such that no person holding a licence granted under section 7 above to a particular person would be unduly disadvantaged by the modification in competing with the holder of the licence in which those conditions are included. Licence modification references to Commission. 13 1 The Director may make to the Competition Commission (in this Act referred to as “ the Commission ”) a reference which is so framed as to require the Commission to investigate and report on the questions— a whether any matters which relate to the provision of telecommunication services or the supply of telecommunication apparatus by a person authorised by a licence under section 7 above to run a telecommunication system and which are specified in the reference operate, or may be expected to operate, against the public interest; and b if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of that licence. 2 The Director may, at any time, by notice given to the Commission vary a reference under this section by adding to the matters specified in the reference or by excluding from the reference some or all of the matters so specified; and, subject to subsection (5) below, on receipt of such notice the Commission shall give effect to the variation. 3 The Director may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the Commission in carrying out the investigation on the reference— a any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and b any modifications of the conditions of the licence by which, in his opinion, those effects could be remedied or prevented. 4 The Director shall publish particulars of a reference under this section, or of a variation of such a reference, in such manner as he considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it and, in the case of a licence granted to a particular person, shall send a copy of the reference or variation to that person. 5 The Director shall also send a copy of a reference under this section, or a variation of such a reference, to the Secretary of State; and if, before the end of the period of 14 days beginning with the day on which the Secretary of State receives the copy of the reference or variation, the Secretary of State directs the Commission not to proceed with the reference or, as the case may require, not to give effect to the variation, the Commission shall comply with the direction. 6 The Secretary of State shall not give a direction under subsection (5) above unless 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. 7 It shall be the duty of the Director, for the purpose of assisting the Commission in carrying out an investigation on a reference under this section, 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 purpose of carrying out any such investigation, shall take account of any information given to them for that purpose under this subsection. 8 In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the Commission shall have regard to the matters as respects which duties are imposed on the Secretary of State and the Director by section 3 above. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 For the purposes of references under this section, the Secretary of State is to appoint not less than three members of the Competition Commission. 10A In selecting a group to perform the Commission’s functions in relation to any such reference, the chairman of the Commission must select up to three of the members appointed under subsection (10) to be members of the group. References under section 13: time limits 13A 1 Every reference under section 13 above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made. 2 A report of the Commission on a reference under section 13 above shall not have effect (and no action shall be taken in relation to it under section 15 below) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Director under subsection (3) below. 3 The Director may, if he has received representations on the subject from the Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months. 4 No more than one extension is possible under subsection (3) above in relation to the same reference. 5 The Director shall, in the case of an extension made by him under subsection (3) above— a publish that extension in such manner as he considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and b in the case of a licence granted to a particular person, send to that person a copy of what has been published by him under paragraph (a) above. References under section 13: powers of investigation 13B 1 The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (2) and (3) below, for the purposes of references under section 13 above as they apply for the purposes of references under that Part— a section 109 (attendance of witnesses and production of documents etc.); b section 110 (enforcement of powers under section 109: general); c section 111 (penalties); d section 112 (penalties: main procedural requirements); e section 113 (payments and interest by instalments); f section 114 (appeals in relation to penalties); g section 115 (recovery of penalties); and h section 116 (statement of policy). 2 Section 110 shall, in its application by virtue of subsection (1) above, have effect as if— a subsection (2) were omitted; and b in subsection (9) the words from “or section” to “section 65(3))” were omitted. 3 Section 111(5)(b)(ii) shall, in its application by virtue of subsection (1) above, have effect as if— a for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “ made ” ; b for the words “published (or given)”, in both places where they appear, there were substituted “ made ” ; and c the words “by this Part” were omitted. 4 Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) above, have effect in relation to those sections as applied by virtue of that subsection. 5 Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of that subsection. Reports on licence modification references. 14 1 In making a report on a reference under section 13 above, the Commission— a shall include in the report definite conclusions on the questions comprised in the reference together with such an account of their reasons for those conclusions as in their opinion is expedient for facilitating proper understanding of those questions and of their conclusions; b where they conclude that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; and c where they conclude that any adverse effects so specified could be remedied or prevented by modifications of the conditions of the licence, shall specify in the report modifications by which those effects could be remedied or prevented. 1A For the purposes of section 15 below, a conclusion contained in a report of the Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998. 1B If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 13 above as the conclusions of the Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 For the purposes of the law relating to defamation,