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1(1)In any Act or instrument amended by this Schedule—U.K.
“communications service” means any of the following services—
an electronic communications service;
the provision of directory information by means of an electronic communications network for the purpose of facilitating the use of an electronic communications service provided by means of that network;
the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of apparatus which is or is to be connected to an electronic communications network;
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of this Act;
“electronic communications code network” means—
so much of an electronic communications network or [F1infrastructure system] provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106; and
an electronic communications network which the Secretary of State or a Northern Ireland department is providing or proposing to provide;
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106;
“electronic communications network” and “electronic communications service” each has the same meaning as in this Act;
“former PTO” means a person—
who is a provider of a public electronic communications network or a public electronic communications service which, immediately before the date on which the repeal by this Act of section 7 of the Telecommunications Act 1984 (c. 12) comes into force, was designated as a public telecommunication system under section 9 of that Act; and
who, immediately before that date, was authorised to provide that network or service by a licence to which section 8 of that Act applied;
“operator”, in relation to an electronic communications code network, means—
the electronic communications code operator providing that network; or
the Secretary of State or a Northern Ireland department, to the extent that they are providing or proposing to provide that network;
“provide” and cognate expressions, in relation to an electronic communications network, an electronic communications service or associated facilities, are to be construed in accordance with section 32(4) of this Act;
“public electronic communications network” and “public electronic communications service” each has the same meaning as in Chapter 1 of Part 2 of this Act.
(2)In this paragraph—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)“electronic communications code”, “electronic communications code network”, “electronic communications code operator”, “public electronic communications network” and “public electronic communications service” each has the meaning given in sub-paragraph (1).
[F3(c)“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.]
Textual Amendments
F1Words in Sch. 17 para. 1(1) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 8(2)(a)
F2Sch. 17 para. 1(2)(a) omitted (28.12.2017) by virtue of The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 8(2)(b)(i)
F3Sch. 17 para. 1(2)(c) inserted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 8(2)(b)(ii)
Commencement Information
I1Sch. 17 para. 1 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, art. 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
I2Sch. 17 para. 1 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)