§ Amendments made: No. 85, in page 157, leave out lines 9 to 21.
§
No. 86, in page 157, line 33, at end insert—
'(2A) Any fee charged in respect of an approval which, by virtue of sub-paragraph (1) or (2) above, is to have effect as if issued under section 19(1) or (4) of this Act shall be deemed to have been validly charged.
(2B) Where immediately before the appointed day British Telecommunications has in its possession copies of approvals issued by it under section 16(2) of the 1981 Act, British Telecommunications shall, as soon as practicable after that day, send those copies to the Secretary of State.
(2C) Neither section 19(10) nor section 21(2) of this Act shall apply in relation to an approval issued by British Telecommunications under section 16(2) of the 1981 Act unless a copy of that approval is sent to the Secretary of State under subparagraph (2B) above.'.
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No. 87, in page 157, line 41 at end insert—
'(3A) An acknowledgement by the Secretary of State or a person appointed for the purposes of subsection (2) of section 16 of the 1981 Act that any apparatus conforms to a standard approved under subsection (1) of that section shall be treated for the purposes of this paragraph as an approval issued under the said subsection (2).'.
§
No. 88, in page 157, line 49 at end insert—
'3A.—(1) An order made, or having effect as if made, by the Secretary of State under section 37 of the 1981 Act which is effective on the appointed day shall have effect, as from that day, as if made by the Department of Finance and Personnel for Northern Ireland under section 27 of this Act.
(2) An order made, or having effect as if made, under section 27 of this Act which applies in relation to hereditaments occupied by British Telecommunications and is effective on the transfer date shall have effect, as from that date, as if it applied in relation to the corresponding hereditaments occupied by the successor company.
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3B.—(1) A compulsory purchase order made under section 38 or 39 of the 1981 Act which is effective on the appointed day shall have effect, as from that day, as if made with the consent of the Director, under section 28 or 29 of this Act; and the provisions of the said section 28 or 29 shall apply accordingly.
(2) A compulsory purchase order made, or having effect as if made, by British Telecommunications under section 28 or 29 of this Act which is effective on the transfer date shall have effect, as from that date, as if made by the successor company.
3C.—(1) An application for a vesting order made under section 40 of the 1981 Act which is effective on the appointed day shall have effect, as from that day, as if made with the consent of the Director under section 30 of this Act; and the provisions of the said section 30 shall apply accordingly.
(2) An application for a vesting order made, or having effect as if made, by British Telecommunications under section 30 of this act which is effective on the transfer date shall have effect, as from that date, as if made by the successor company.
3D.—(1) An authorisation given by British Telecommunications under section 41, 42 or 43 of the 1981 Act which is effective on the appointed day shall have effect, as from that day, as if given by the Secretary of State under section 31, 32 or 33 of this Act on the nomination of British Telecommunications; and the provisions of the said section 31, 32 or 33 shall apply accordingly.
(2) An authorisation given, or having effect as if given, by the Secretary of State under section 31, 32 or 33 of this Act on the nomination of British Telecommunications which is effective on the transfer date shall have effect, as from that date, as if given on the nomination of the successor company.'.
§ No. 89, in page 158, line 35, after 'are', insert `(a).
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No. 90, in page 158, line 35, after 'persons', insert
'or (b) supplying any apparatus to any persons'.
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No. 91, in page 158, line 38, leave out 'those services' and insert
`the services or the hire of the apparatus'.
§ No. 92, in page 159, line 1, after '(1)', insert (a)'.
§ No. 159, line 13, leave out (b).
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No. 94, in page 159, line 21, at end insert—
`10A. Nothing in this Act shall affect the operation of section 35(2) of the 1981 Act in relation to any order under section 19 of the Local Government Act 1974 which applies in relation to heriditaments occupied by British Telecommunications and is effective on the appointed day.'
§
No. 95, in page 160, leave out lines 29 to 34 and insert—
'14.—(1) It shall be the duty of British Telecommunications and of the successor company to take, as and when during the transitional period the successor company considers appropriate, all such steps as may be requisite to secure that the vesting in the successor company by virtue of section 54 of this Act of any foreign property, right or liability of British Telecommunications is effective under the relevant foreign law.
(2) Nothing in sub-paragraph (1) above shall be taken as prejudicing the effect under the law of the United Kingdom or of any part of the United Kingdom of the vesting in the successor company by virtue of section 54 of this Act of any property, right or liability of British Telecommunications (including any foreign property, right or liability).
(3) British Telecommunications shall have all such powers as may be requisite for the performance of its duty under this paragraph but,—
(4) References in this section to any foreign property, right or liability of British Telecommunications are references, respectively, to any property, right or liability of British Telecommunications as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.
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(5) In this paragraph and paragraphs 14A and 15 below "transitional period" means the period beginning with the transfer date and ending with the day on which British Telecommunications is dissolved in accordance with section 63(8) of this Act.
(6) Any expenses incurred by British Telecommunications in performing its duty under this paragraph shall be met by the successor company.
14A.—(1) It shall be the duty of British Telecommunications and of the successor company to take, as and when during the transitional period the successor company considers appropriate, all such steps as may be requisite to secure that anything which remains to be done under the provisions of sections 10 and 81(1) of and Schedule 2 to the 1981 Act is done.
(2) British Telecommunications shall have all such powers as may be requisite for the performance of its duty under this paragraph, but—
(3) Any expenses incurred by British Telecommunications in performing its duty under this paragraph shall be met by the successor company.'.
§ No. 96, in page 160, line 45, leave out from 'period' to 'in' in line 46.
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No. 97, in page 161, line 22, at end insert—
'18A.—(1) For the purposes of authorising the making, in relation to employees of the successor company or any of its subsidiaries, of provision corresponding to that authorised to be made, in relation to employees of British Telecommunications or any of its subsidiaries, by section 84 of the 1981 Act, that section shall have effect as if—
(2) Nothing in sub-paragraph (1) above shall he taken as prejudicing the operation of section 84 of the 1981 Act as originally enacted.
18B. Where by virtue of anything done on or after the appointed day, but before the transfer date, any enactment amended by Schedule 4 to this Act has effect in relation to British Telecommunications then, as from that date, that enactment shall have effect in relation to the successor company as if that company were the same person, in law, as British Telecommunications.'.
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No. 98, in page 162, line 25, at end insert—
'22. An order under section 19 of the Local Government Act 1974 (rating of certain public utilities and other bodies) which applies in relation to hereditaments occupied by British Telecommunications and is effective on the transfer date shall have effect, as from that date, as if it applied to the corresponding hereditaments occupied by the successor company.
23. An order under section 6 of the Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages) which applies in relation to lands and heritages occupied by British Telecommunications and is effective on the transfer date shall have effect, as from that date, as if it applied in relation to the corresponding lands and heritages occupied by the successor company.'.—[Mr. David Hunt.]