The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017

Regulation 2(1)

SCHEDULE 1 AMENDMENT OF LEGISLATION MADE UNDER THE LIGHT RAILWAYS ACT 1896(1) AND THE TRANSPORT AND WORKS ACT 1992(2)

PART 1 AMENDMENT OF REFERENCES TO THE TELECOMMUNICATIONS ACT 1984

References to Schedule 2 to the Telecommunications Act 1984

1.  In the instruments set out in the first column of the Table below, in the provisions set out in the third column, for Schedule 2 to the Telecommunications Act 1984” substitute “Schedule 3A to the Communications Act 2003”(3).

Title of Instrument	Instrument number		Provision to be amended
Derwent Valley Railway (Transfer) Light Railway Order 1987	S.I. 1987/75		Article 5
North Norfolk (Extension and Amendment) Light Railway Order 1987	S.I. 1987/950		Article 6
Yorkshire Dales Light Railway Order 1987	S.I. 1987/1088		Article 9
Swanage Light Railway Order 1987	S.I. 1987/1443		Article 7
South Tynedale Railway (Light Railway) Order 1987	S.I. 1987/1984		Article 7
Kinneil and Manuel Light Railway Order 1988	S.I. 1988/725		Article 7
Peak Rail Light Railway Order 1990	S.I. 1990/2350		Article 6
Bitton Light Railway Order 1991	S.I. 1991/134		Article 7
North Tyneside Steam Railway Light Railway Order 1991	S.I. 1991/933		Article 9
Yorkshire Dales Light Railway Order 1991	S.I. 1991/1111		Article 8
Isle of Wight Light Railway Order 1991	S.I. 1991/1619		Article 8
Leicester North Station Light Railway Order 1991	S.I. 1991/1965		Article 7
Kirklees Light Railway Order 1991	S.I. 1991/2194	Article 8
Grimsby and Louth Light Railway Order 1991	S.I. 1991/2210	Article 7(b)
Saundersfoot Steam Railway (Light Railway) Order 1991	S.I. 1991/2682	Article 9
Chappel and Wakes Colne Light Railway Order 1994	S.I. 1994/84	Article 7
Northampton and Lamport Light Railway Order 1995	S.I. I995/1300	Article 5
Oswestry Light Railway Order 1995	S.I. 1995/2142	Article 8(3)
Great Central (Nottingham) Railway Order 1995	S.I. 1995/2143	Article 10(4)
Low Moor Tramway Light Railway Order 1995	S.I. 1995/2501	Article 7(2)
South Tynedale Railway (Light Railway) Order 1996	S.I. 1996/1829	Article 7(3)
Bodmin and Wenford Light Railway Order 1996	S.I. 1996/2867	Article 8(3)
Yorkshire Dales Light Railway Order 1997	S.I. 1997/102	Article 9(3)
Golden Valley Railway Order 1997	S.I. 1997/1688	Article 10(4)
Keith and Dufftown Light Railway Order 1999	S.I. 1999/2382	Article 6(3)
Great Central Railway (East Leake Branch, etc) Order 2000	S.I. 2000/2585	Article 10(4)
East Lancashire (Heywood Extension) Light Railway Order 2002	S.I. 2002/1384	Article 7(3)

PART 2 AMENDMENT OF NETWORK RAIL ORDERS

Network Rail (West Coast Main Line) Order 2003

2.—(1) The Network Rail (West Coast Main Line) Order 2003(4) is amended as follows.

(2) In Schedule 13 (protective provisions), in Part II (protection for operators of an electronic communications code network), in paragraph 15, for “paragraph 9” substitute “Part 8”.

Network Rail (West Coast Main Line) Order 2004

3.—(1) The Network Rail (West Coast Main Line) Order 2004(5) is amended as follows.

(2) In article 2(1) (interpretation)—

(a) omit the definition of “conduit system”;

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

(3) In Schedule 13 (protective provisions), in Part II (protection for operators of an electronic communications code network), in paragraph 15, for “paragraph 9” substitute “Part 8”.

Network Rail (Thameslink 2000) Order 2006

4.—(1) The Network Rail (Thameslink 2000) Order 2006(6) is amended as follows.

(2) In article 2(1) (interpretation)—

(a) omit the definition of “conduit system”;

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

(3) In Schedule 10 (protective provisions), in Part 2 (protection for operators of an electronic communications code network), in paragraph 15, for “paragraph 9” substitute “Part 8”.

Network Rail (Nuneaton North Chord) Order 2010

5.—(1) The Network Rail (Nuneaton North Chord) Order 2010(7) is amended as follows.

(2) In Schedule 10 (protection for operators of electronic communications code networks)—

(a) in paragraph 1—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b) in paragraph 2, for “paragraph 9” substitute “Part 8”.

Network Rail (Ipswich Chord) Order 2012

6.—(1) The Network Rail (Ipswich Chord) Order 2012(8) is amended as follows.

(2) In Schedule 7 (protective provisions), in Part 2 (for the protection of operators of electronic communications code networks)—

(a) in paragraph 11(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b) in paragraph 12, for “paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

Network Rail (North Doncaster Chord) Order 2012

7.—(1) The Network Rail (North Doncaster Chord) Order 2012(9) is amended as follows.

(2) In Schedule 12 (protective provisions), in Part 2 (for the protection of operators of electronic communications code networks)—

(a) in paragraph 12—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b) in paragraph 13, for “paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

Network Rail (Redditch Branch Enhancement) Order 2013

8.—(1) The Network Rail (Redditch Branch Enhancement) Order 2013(10) is amended as follows.

(2) In article 2(1) (interpretation), in the definition of “electronic communications code” for “section 137(8)” substitute “section 106(1)”.

(3) In Schedule 10 (protective provisions), in Part 2 (protection for operators of electronic communications code networks)—

(a) in paragraph 11(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”

(b) in paragraph 12 for “paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

Network Rail (Norton Bridge Area Improvements) Order 2014

9.—(1) The Network Rail (Norton Bridge Area Improvements) Order 2014(11) is amended as follows.

(2) In Schedule 10 (protective provisions), in Part 2 (for the protection of operators of electronic communications code networks)—

(a) in paragraph 11(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b) in paragraph 12, for “paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

Network Rail (Huyton) Order 2014

10.—(1) The Network Rail (Huyton) Order 2014(12) is amended as follows.

(2) In Schedule 8 (protection for operators of electronic communications code networks)—

(a) in paragraph 1(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b) in paragraph 2, for “paragraph 9” substitute “Part 8”.

Network Rail (Ordsall Chord) Order 2015

11.—(1) The Network Rail (Ordsall Chord) Order 2015(13) is amended as follows.

(2) In Schedule 12 (protective provisions), in Part 2 (for the protection of operators of electronic communications code networks), in paragraph 12(2)—

(a) omit the definition of “conduit system”;

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

Network Rail (Glasgow Queen Street Station) Order 2017

12.—(1) The Network Rail (Glasgow Queen Street Station) Order 2017(14) is amended as follows.

(2) In Schedule 8 (protective provisions), in Part 2 (protection for operators of electronic communications code networks)—

(a) in paragraph 16—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

(b) in paragraph 17, for “paragraph 9” substitute “Part 8”.

PART 3 OTHER AMENDMENTS

Bure Valley Light Railway Order 1989

13.—(1) The Bure Valley Light Railway Order 1989(15) is amended as follows.

(2) In article 2 (interpretation)—

(a) omit the definition of “telecommunications apparatus”;

(b) insert in the appropriate places the following definitions—

““electronic communications apparatus” has the meaning given in paragraph 5 of the electronic communications code;”;

““electronic communications code” means the code set out in Schedule 3A to the Communications Act 2003;”;

““operator of an electronic communications code network” has the meaning given in paragraph 1(1) of Schedule 17 to the Communications Act 2003;”.

(3) In article 6 (interference with roads and footpaths), in paragraph (6)—

(a) for “telecommunication operators” substitute “operators of an electronic communications code network”;

(b) for “telecommunications apparatus” substitute “electronic communications apparatus”.

Wirral Tramway Light Railway Order 1994

14.—(1) The Wirral Tramway Light Railway Order 1994(16) is amended as follows.

(2) In article 20—

(a) for the heading substitute “For protection of operators of electronic communications code networks”;

(b) in the words before paragraph (a)—

(i) for “telecommunications operators”, in the first place where those words occur, substitute “operators of electronic communications code networks”

(ii) omit “telecommunications” in the second place where that word occurs.

(c) for paragraph (a) substitute—

“(a) in this article—

“electronic communications code” means the code set out in Schedule 3A to the Communications Act 2003;

“operator of an electronic communications code network” has the meaning given in paragraph 1(1) of Schedule 17 to the Communications Act 2003;”;

(d) in paragraph (b) for “a telecommunications operator under paragraph 9 of the telecommunications code” substitute “an operator of an electronic communications code network under Part 8 of the electronic communications code”.

Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996

15.—(1) The Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996 (17) is amended as follows.

(2) In article 5 (power to construct and maintain works), in paragraph (6), for “Paragraph 23” substitute “Part 10”.

(3) In article 11 (temporary stopping up of streets), in paragraph (5), for “paragraph 9” substitute “Part 8”.

Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997

16.—(1) The Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997(18) is amended as follows.

(2) In article 6 (power to construct and maintain works), in paragraph (7), for “Paragraph 23” substitute “Part 10”.

(3) In article 12 (temporary stopping up of streets), in paragraph (5), for “paragraph 9” substitute “Part 8”.

Welsh Highland Railway Order 1999

17.—(1) The Welsh Highland Railway Order 1999(19) is amended as follows.

(2) In article 21 (for the protection of British Telecommunications PLC)—

(a) in paragraph (3)—

(i) for “paragraph 9” substitute “Part 8”;

(ii) for “Schedule 2 to the Telecommunications Act 1984” substitute “Schedule 3A to the Communications Act 2003”;

(b) in paragraph (9), for “Schedule 2 to the Telecommunications Act 1984” substitute “Schedule 3A to the Communications Act 2003”.

Leeds Supertram (Extension) Order 2001

18.—(1) The Leeds Supertram (Extension) Order 2001(20) is amended as follows.

(2) In Schedule 9 (provisions relating to statutory undertakers etc.), in paragraph 3—

(a) in the heading, for “telecommunications code” substitute “electronic communications code”;

(b) in sub-paragraph (1)—

(i) for “Paragraph 23 of the telecommunications code” substitute “Part 8 of the electronic communications code”;

(ii) in paragraph (b), for “telecommunications apparatus” substitute “electronic communications apparatus”.

Heathrow Express Railway Extension Order 2002

19.—(1) The Heathrow Express Railway Extension Order 2002(21) is amended as follows.

(2) In Schedule 4 (protection of fuel pipelines and facilities), in Part IV (protection of certain depots), in paragraph 14(2), for “telecommunications” substitute “electronic communications”.

Strand Road, Preston Railway Order 2002

20.—(1) The Strand Road, Preston Railway Order 2002 (22) is amended as follows.

(2) In article 5(4) (operation of railway), for “Schedule 2 to the Telecommunications Act 1984” substitute “paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003”.

Preston Dock Railway Order 2004

21.—(1) The Preston Dock Railway Order 2004(23) is amended as follows.

(2) In article 2 (interpretation), for the definition of “electronic communications apparatus” substitute—

““electronic communications apparatus” has the meaning given in paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003;”.

Docklands Light Railway (Capacity Enhancement) Order 2005

22.—(1) The Docklands Light Railway (Capacity Enhancement) Order 2005(24) is amended as follows.

(2) In article 2 (interpretation)—

(a) omit the definition of “conduit system”;

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

(3) In Schedule 9 (provisions relating to statutory undertakers, etc.), in paragraph 2(9), for “paragraph 9” substitute “Part 8”.

Felixstowe Dock and Railway Company (Land Acquisition) Order 2007

23.—(1) The Felixstowe Dock and Railway Company (Land Acquisition) Order 2007(25) is amended as follows.

(2) In Schedule 2 (provisions relating to statutory undertakers etc.), in Part 1 (apparatus of statutory undertakers etc.), in paragraph 6—

(a) omit the definition of “conduit system”;

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”

Felixstowe Branch Line and Ipswich Yard Improvement Order 2008

24.—(1) The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008(26) is amended as follows.

(2) In Schedule 10 (protective provisions), in Part 3 (protection of Cable and Wireless PLC), in paragraph 30, for the words from “paragraph 9” to “Schedule 3” substitute “Part 8 of the electronic communications code (“the Code”) set out in Schedule 3A”.

Leeds Railway Station (Southern Entrance) Order 2013

25.—(1) The Leeds Railway Station (Southern Entrance) Order 2013(27) is amended as follows.

(2) In Schedule 14 (for the protection of operators of electronic communications code networks)—

(a) in paragraph 1(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”

(b) in paragraph 2, for “paragraph 9” substitute “Part 8”.

Croxley Rail Link Order 2013

26.—(1) The Croxley Rail Link Order 2013(28) is amended as follows.

(2) In Schedule 9 (protective provisions), in Part 2 (protection for operators of electronic communications code networks), in paragraph 11(2)—

(a) omit the definition of “conduit system”;

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”

London Underground (Northern Line Extension) Order 2014

27.—(1) The London Underground (Northern Line Extension) Order 2014(29) is amended as follows.

(2) In Schedule 8 (protective provisions), in Part 5 (protection for operators of electronic communications code networks), in paragraph 55(2)—

(a) omit the definition of “conduit system”;

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

London Underground (Bank Station Capacity Upgrade) Order 2015

28.—(1) The London Underground (Bank Station Capacity Upgrade) Order 2015(30) is amended as follows.

(2) In Schedule 13 (for the protection of operators of electronic communications code network)—

(a) in paragraph 1(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b) in paragraph 2, for “paragraph 10” substitute “Part 8”.

(1)

1896 c.48 (59 & 60 Vict.). This Act is repealed by the Transport and Works Act 1992 (c.42). However, orders in force before 1st January 1993 were saved by S.I.1992/2784.

(2)

1992 c.42.

(3)

Relevant amendments to these instruments are made by paragraph 18 of Schedule 1 to S.I. 2003/2155.

(4)

S.I. 2003/1075.

(5)

S.I. 2004/389.

(6)

S.I. 2006/3117.

(7)

S.I. 2010/1721.

(8)

S.I. 2012/2284.

(9)

S.I. 2012/2635.

(10)

S.I. 2013/2809.

(11)

S.I. 2014/909.

(12)

S.I. 2014/2027.

(13)

S.I. 2015/780.

(14)

S.S.I. 2017/100.

(15)

S.I. 1989/835.

(16)

S.I. 1994/1761.

(17)

S.I. 1996/2714.

(18)

S.I. 1997/1266.

(19)

S.I. 1999/2129.

(20)

S.I. 2001/1347.

(21)

S.I. 2002/1064.

(22)

S.I. 2002/2398.

(23)

S.I. 2004/3126.

(24)

S.I. 2005/3105.

(25)

S.I.2007/3345.

(26)

S.I. 2008/2512.

(27)

S.I. 2013/1933.

(28)

S.I. 2013/1967.

(29)

S.I. 2014/3102.

(30)

S.I. 2015/2044.