Communications Regulation (Amendment) Act 2007

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SCHEDULE 3

Savings and Transitional Provisions

Section 4 (4).

Interpretation: Schedule 3.

1. In this Schedule—

“ Commission ” has the same meaning as it has in the Principal Act;

“ Director ” means the Director of Telecommunications Regulation who was, immediately before the commencement of section 9 of the Principal Act, holding office as such under the Telecommunications (Miscellaneous Provisions) Act 1996 ;

“ relevant day ”—

(a) in relation to a function transferred to the Commission under section 9 of the Principal Act (as in force immediately before the commencement of section 4 of this Act), means the establishment day referred to in that section, or

(b) in relation to any other matter, means the day on which section 4 of this Act came into operation;

“ relevant Minister ” means the Minister for Public Enterprise or any Minister to whom the functions of that Minister have been subsequently transferred.

Orders made before relevant day.

2. If—

(a) an order made by a Minister under an Act or statutory instrument amended by this Act was in force immediately before the relevant day, and

(b) the Commission would have power to make such an order under that Act or statutory instrument as in force on and after that day,

the order continues in force on and after that day and may, subject to that Act or instrument, be amended or revoked by the Commission.

Appointments made before relevant day.

3. If—

(a) a person appointed to an office or position under an Act or statutory instrument amended by this Act was holding the office or position immediately before the relevant day, and

(b) the Commission could have appointed the person under the amended Act or statutory instrument as in force on and after that day,

the person continues to hold the office or position on and after that day for the remainder of the period for which, and subject to the same terms and conditions on which, the person was originally appointed.

Legal proceedings started before relevant day.

4. (1) If—

(a) civil proceedings brought or defended by the Director or the relevant Minister under an Act or statutory instrument amended by this Act were pending immediately before the relevant day, and

(b) the Commission could have brought or defended those proceedings under that Act or statutory instrument as in force on and after that commencement,

then, on that commencement, the Commission becomes the plaintiff or defendant in those proceedings and may pursue or defend them accordingly.

(2) If—

(a) immediately before the relevant day, criminal proceedings brought by or under the authority of the Director or the relevant Minister were pending under an Act or statutory instrument amended by this Act, and

(b) the Commission could have brought or defended those proceedings under that Act or statutory instrument as in force on and after that day,

then, on that day, the Commission becomes the plaintiff or prosecutor in those proceedings and the Commission may continue to prosecute those proceedings accordingly.

Documents created before relevant day.

5. (1) If—

(a) a document (such as a notice, record, certificate or licence) granted or made by the Director or the relevant Minister under an Act or statutory instrument amended by this Act was effective immediately before the relevant day, and

(b) the document could have been granted or made by the Commission under the Act or statutory instrument on or after that day,

the document continues to have effect on and after that day as if it had been granted or made by the Commission.

(2) If a document that continues to have effect because of subparagraph (1) was, immediately before the relevant day, in the possession of the Director or the relevant Minister and the document remained in the possession of a person other than the Commission on and after that day, the person shall deliver the document to the Commission as soon as practicable after the commencement of this paragraph.

Acts done and not completed before relevant commencement.

6. Without limiting paragraphs 2, 3 and 4 of this Schedule, if—

(a) an act done by the Director or the relevant Minister under an Act or statutory instrument amended by this Act was not completed before the relevant day, and

(b) the act could be lawfully done by or under the authority of the Commission under the Act or statutory instrument as in force on and after that day,

the act may be continued and completed by the Commission.