ch0700c02A
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c. 7
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ACT STAGE
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THE ACT, DATE OF CREATION ON MILES
Electronic Communications Act 2000
Part II
1998 c. 38.
(7) Nothing in this section shall confer any power on the National
Assembly for Wales to modify any provision of the Government of Wales
Act 1998.
(8) The power of the Secretary of State to make an order under
subsection (4)(c)—
(a) shall include power to make any such incidental, supplemental,
consequential and transitional provision as he may think fit;
and
(b) shall be exercisable by statutory instrument subject to
annulment in pursuance of a resolution of either House of
Parliament.
Part III
Miscellaneous and Supplemental
Telecommunications licences
Modification of
licences by the
Director.
1984 c. 12.
11.—(1) In subsection (3) of section 12 of the Telecommunications Act
1984 (which requires notice of a proposed modification of the conditions
of a licence under section 7 of that Act to be served on the licensee), for
“that person” there shall be substituted “every relevant licensee”.
(2) For subsection (4) of that section (circumstances in which a
proposal by the Director General of Telecommunications for the
modification of the conditions of a licence is made by agreement) there
shall be substituted the following subsections—
“(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.”
(3) After subsection (6) of that section there shall be inserted the
following subsections—
“(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.