Telecommunications Act 1984
(b)
c. 12
the provision made by the order (with any modifications) is requisite for the purpose of securing compliance
with that condition.
23
PART H
(5) The duties imposed by subsections (1) to (4) above shall
not apply where the Director gives notice that he is satisfied(a) that the duties imposed on him by section 3 above preclude the making of a final or provisional order or,
as the case may be, the confirmation of the provisional
order ; or
(b) that the contraventions or apprehended contraventions
are of a trivial nature ;
and a notice under this subsection shall be given by publication
in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the
attention of persons likely to be affected by them and by sending
a copy of the notice to the telecommunications operator.
A final or provisional order(a) shall require the telecommunications operator (according
to the circumstances of the case) to do, or not to do,
such things as are specified in the order or are of a
description so specified ;
(b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order ; and
(c) may be revoked at any time by the Director.
(6)
(7)
In this section and sections 17 to 19 belowcontravention ", in relation to any condition of a licence,
includes any failure to comply with that condition and
" contravene " shall be construed accordingly ;
" final order " means an order under this section other than
a provisional order ;
" provisional order " means an order under this section
which, if not previously confirmed under subsection (4)
above, will cease to have effect at the end of such
period (not exceeding three months) as is determined
by or under the order.
(8) References in this section to conditions of a licence do not
include references to conditions relating to the application of the
telecommunications code.
17.--(1) Before making a final order or confirming a pro- Procedural
requirements.
visional order, the Director shall give notice(a) stating that he proposes to make or confirm the order
and setting out its effect ;