ch0700c02A 25-05-00 21:43:22 c. 7 12 ACT STAGE Unit:OF pag1 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.

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