Explanatory Notes

Communications Act 2003

2003 CHAPTER 21

17 July 2003

Commentary on Sections

Part 2: Networks, Services and the Radio Spectrum

Chapter 1: Electronic Communications Networks and Services
Section 117: Transitional schemes on cessation of application of code

277.This section gives OFCOM a power to put in place a transitional scheme in cases where the code has ceased to apply to a provider by reason of the code being either suspended, revoked or modified in relation to that provider.

278.Subsection (3) gives a non-exhaustive list of the type of provision that might be contained in a transitional scheme. The examples given relate to the removal or retention of apparatus installed under the code, and the restoration of land affected by the code. Such a scheme may also provide for the transfer of rights and liabilities arising out of agreements made or obligations incurred under the code; authorise apparatus on code land to be retained for use by other providers; and provide for any issues arising from the scheme to be referred to OFCOM.