20.—(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."

"(6A) Where the Director makes a modification under this section,
he shall, as soon as reasonably practicable after making the
modification, give notice of—

(a) his reasons for doing so; and

(b) where the modification is made by virtue of subsection (3) of
section 12A below, his reasons for determining that the
condition in paragraph (c) of that subsection is fulfilled.

(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

(4) After that section there shall be inserted the following section—

(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, in a case where there is more
than one relevant licensee, if—

(a) the notice given under section 12(2) above in the
case of the proposal for that modification contained a
statement describing the method proposed by the
Director for determining what would constitute
objections from a significant minority of the
relevant licensees;

(b) it appears to the Director that 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
representing objections from a significant minority
of the relevant licensees; and

(c) it appears to the Director that the objections made to
him by relevant licensees, taken together, do not
represent objections from at least a significant
minority of the relevant licensees.

(4) 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.

(5) 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), (3) or (4) 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 or is a person whose
objection would not have prevented subsection (3)
above from applying in the case of the other
licensees if—

(i) his licence had been issued earlier; and

(ii) the proposal to modify the conditions of
his licence had been made at the same time as
the proposals for the other modifications.

(10) The Secretary of State shall not make an order under
subsection (8) above unless—

(a) he has (whether before or after the coming into force
of this section) consulted about the terms of the
order with the persons appearing to him to be
likely to be affected by it; and

(b) a draft of the order has been laid before Parliament
and approved by a resolution of each House.

(11) 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."

(5) In section 12 of that Act—

(a) in subsection (2), the words after paragraph (c) (duty to consider
representations and objections) shall be omitted; and

(b) in subsection (7) (references to modification not to include
modifications relating to the telecommunications code), for
"sections 13 to 15" there shall be substituted "sections 12A to 15".

(b) an objection to the making of the modification, or a
representation against it, was made by the person
holding that licence,

an appeal shall lie to the High Court or, in Scotland, to the
Court of Session against the decision of the Director to make
the modification.

(2) The only grounds on which an appeal against such a
decision may be brought are—

(a) that a material error as to the facts was relied on in
the making of the decision;

(b) that there has been some material procedural error in
connection with the making of the decision;

(c) that the decision involves a material error of law;

(d) that the decision is one that could not reasonably
have been arrived at.

(3) The leave of the court, given in accordance with rules
of court, shall be required for the bringing of an appeal
under this section.

(4) The court shall not grant leave to bring an appeal
under this section except to the holder of the licence.

(5) Rules of court may regulate the period within which
an appeal may be brought under this section.

(6) On an appeal under this section the court’s powers to
dispose of the appeal shall be confined to power to do one or
more of the following—

(a) to dismiss the appeal;

(b) to quash the decision appealed against;

(c) to refer the matter back to be decided again;

(d) to give directions as to how the subject-matter of the
appeal should be decided on such a reference.

22. There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State for or in
connection with the carrying out of his functions under this Act;
and

23.—(1) In this Act, except in so far as the context otherwise requires—
"document" includes a map, plan, design, drawing, picture or other
image;

"electronic communication" means any communication (including one
by means of which a payment is effected) which is transmitted
from one person or device to another—

(a) by means of a telecommunication system (within the
meaning of the Telecommunications Act 1984); or

(b) by other means but while in an electronic form;
"enactment" includes—

(a) an enactment passed after the passing of this Act, and

(b) an enactment contained in Northern Ireland legislation,
but does not include an enactment contained in any of Parts I to III of
this Act;

"modification" includes any alteration, addition or omission, and cognate
expressions shall be construed accordingly; and

"subordinate legislation" means any subordinate legislation (within the
meaning of the Interpretation Act 1978) or any statutory rules
(within the meaning of the Statutory Rules (Northern Ireland) Order 1979).

(2) In this Act—

(a) references to the authenticity of any communication or data are
references to whether the communication or data comes from a
particular person or other source or is accurately timed and dated;
and

(b) references to the integrity of any communication or data are
references to whether there has been any tampering with or other
modification of the communication or data.

(2) Parts I and III of this Act and sections 7 and 20 shall come into force on
such day as the Secretary of State may by order made by statutory instrument
appoint; and different days may be appointed under this subsection for
different purposes.

(3) The day appointed under subsection (2) for the coming into force of so
much of this Act as authorises the Secretary of State to grant permission for
the purposes of Schedule 1 must be a day on which the Tribunal established
under section 18 will have jurisdiction—

(a) by virtue of an order under that subsection, and

(b) in accordance with rules made and in force under paragraph 3 of
Schedule 2,

to consider complaints relating to grants of permission made by the Secretary
of State for those purposes.

(4) This Act extends to Northern Ireland.