Section 408: Transitional provision for anticipatory carrying out of functions, Communications Act 2003

This section applies where an order under section 411 bringing into force—

a provision of Part 1, 2 or 6, or

a provision of Chapter 1 of Part 5,

states that that provision is brought into force at a particular time for the purpose only of enabling specified networks and services functions, or specified spectrum functions, to be carried out during the transitional period by the Director General of Telecommunications or the Secretary of State.

In relation to times falling in the transitional period, that provision is to have effect as if—

references in that provision to OFCOM, and

references to OFCOM inserted by that provision in any other enactment,

were references, in accordance with subsection (3), to the Director General of Telecommunications or to the Secretary of State.

The references have effect—

as references to the Director General of Telecommunications to the extent that the provision is brought into force for the purpose of enabling specified networks and services functions to be carried out; and

as references to the Secretary of State, to the extent that the provision is brought into force for the purpose of enabling specified spectrum functions to be carried out.

An order bringing a provision into force as mentioned in subsection (1) may include provision specifying the extent to which it is to be taken, for the purposes of subsection (3), to have been brought into force for the purpose of enabling particular functions to be carried out.

In relation to times after the end of the transitional period for a provision which has been brought into force for enabling specified functions to be carried out by the Director General of Telecommunications or the Secretary of State, anything which—

was done, during that period, by or in relation to that Director or the Secretary of State, and

was so done for the purposes of, or in connection with, the carrying out of those functions,

is to have effect as if had been done by or in relation to OFCOM.

In this section "the transitional period", in relation to a provision brought into force as mentioned in subsection (1) by an order under section 411, means the period which—

begins with the time when it is so brought into force; and

ends with the time from which that order, or a subsequent order under that section, brings the provision into force for the purpose of conferring on OFCOM the functions in question.

In this section "networks and services functions" means any of the following functions of OFCOM under this Act—

their functions under sections 24 and 25;

their functions under Chapter 1 of Part 2;

their functions under Chapter 3 of Part 2, except to the extent that those functions relate to—

disputes relating to rights or obligations conferred or imposed by or under the enactments relating to the management of the radio spectrum; or

decisions made under those enactments;

their functions under Chapter 1 of Part 5, except to the extent that those functions relate to broadcasting or related matters;

their functions under Schedule 18 to this Act in relation to the abolition of licensing (within the meaning of that Schedule).

In this section "spectrum functions" means—

the functions under the enactments relating to the management of the radio spectrum which by virtue of this Act are conferred on OFCOM; and

the functions conferred on OFCOM by so much of Chapter 3 of Part 2 as relates to the disputes and decisions mentioned in subsection (7)(c).

Section 408: Transitional provision for anticipatory carrying out of functions

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