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Communications Act 2003
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- 2003 c. 21
- SCHEDULE 18
- Electronic communications code
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This version of this cross heading contains provisions that are prospective.
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- where the provision (Part, Chapter or section) has never come into force or;
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Communications Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act amendment to earlier affecting provision SI 2003/3195 by S.I. 2004/715 art. 3 Sch.
- Act amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 by S.I. 2004/1116 art. 2
- Act amendment to earlier affecting provision SI 2003/3197 by S.I. 2004/308 art. 6(3) Sch. 2
- Act amendment to earlier affecting provision SI 2003/3197 by S.I. 2004/716 art. 3
- Act amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 by S.I. 2004/1114 art. 2
- Act amendment to earlier affecting provision SI 2003/3198 by S.I. 2004/309 art. 2(2) Sch. Pt. 2
- Act amendment to earlier affecting provision SI 2003/3198 by S.I. 2004/718 art. 2
- Act amendment to earlier affecting provision SI 2003/3198 art. 6 Sch. 2 by S.I. 2007/278 art. 3 Sch. 2 Pt. 1
- Act amendment to earlier affecting provision SI 2003/3198 art. 6(1) by S.I. 2004/1115 art. 2
- Act applied (with modifications) by S.I. 2004/1944 art. 4 Sch.
- Act modified by S.I. 2007/1118 art. 7
- Act specified provisions extended (Guernsey) (with modifications) by S.I. 2003/3195 art. 6 Sch. 2 (This SI is amended by SI 2004/307, 2004/715, 2004/1116, 2005/856)
- Act specified provisions extended (Guernsey) (with modifications) by S.I. 2004/307 art. 4 Sch.
- Act specified provisions extended (Isle of Man) (with modifications) by S.I. 2003/3198 art. 6 Sch. 2 (This SI is amended by SI 2004/309, 2004/718, 2004/1115, 2007/278)
- Act specified provisions extended (Jersey) (with modifications) by S.I. 2003/3197 art. 6 Sch. 2 (This SI is amended by SI 2004/308, 2004/716, 2004/1114, 2005/855)
- Act specified provisions extended (Jersey) (with modifications) by S.I. 2004/308 art. 4 Sch. 1
- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 4A inserted by S.I. 2009/2979 reg. 2
- s. 4A inserted by S.I. 2011/1210 Sch. 1 para. 6
- s. 35A inserted by S.I. 2011/1210 Sch. 1 para. 11
- s. 48A-48C inserted by S.I. 2011/1210 Sch. 1 para. 23
- s. 49A-49C inserted by S.I. 2011/1210 Sch. 1 para. 25
- s. 56A inserted by S.I. 2011/1210 Sch. 1 para. 31
- s. 76A inserted by S.I. 2011/1210 Sch. 1 para. 41
- s. 80A 80B inserted by S.I. 2011/1210 Sch. 1 para. 43
- s. 84A inserted by S.I. 2011/1210 Sch. 1 para. 47
- s. 89A 89B 89C inserted by S.I. 2011/1210 Sch. 1 para. 50
- s. 96A-96C inserted by S.I. 2011/1210 Sch. 1 para. 55
- s. 100A inserted by S.I. 2011/1210 Sch. 1 para. 60
- s. 105A-105D inserted by S.I. 2011/1210 Sch. 1 para. 65
- s. 110A inserted by S.I. 2011/1210 Sch. 1 para. 69
- s. 111A 111B inserted by S.I. 2011/1210 Sch. 1 para. 71
- s. 120A inserted by S.I. 2011/1210 Sch. 1 para. 77
- s. 124A inserted by 2010 c. 24 s. 3
- s. 124B inserted by 2010 c. 24 s. 4
- s. 124C inserted by 2010 c. 24 s. 5
- s. 124D inserted by 2010 c. 24 s. 6
- s. 124E inserted by 2010 c. 24 s. 7
- s. 124F inserted by 2010 c. 24 s. 8
- s. 124G inserted by 2010 c. 24 s. 9
- s. 124H inserted by 2010 c. 24 s. 10
- s. 124I inserted by 2010 c. 24 s. 11
- s. 124J inserted by 2010 c. 24 s. 12
- s. 124K inserted by 2010 c. 24 s. 13
- s. 124L inserted by 2010 c. 24 s. 14
- s. 124M inserted by 2010 c. 24 s. 15
- s. 124N inserted by 2010 c. 24 s. 16(1)
- s. 124O inserted by 2010 c. 24 s. 19
- s. 124P 124Q inserted by 2010 c. 24 s. 20(1)
- s. 124R inserted by 2010 c. 24 s. 21
- s. 134A-134C inserted by 2010 c. 24 s. 1(1)
- s. 139A-139C inserted by S.I. 2011/1210 Sch. 1 para. 83
- s. 146A inserted by S.I. 2011/1210 Sch. 1 para. 88
- s. 150A inserted by S.I. 2011/1210 Sch. 1 para. 89
- s. 185A inserted by S.I. 2011/1210 Sch. 1 para. 92
- s. 198A inserted by 2010 c. 24 s. 22(1)
- s. 198B-198D inserted by 2010 c. 24 s. 23(1)
- s. 216A inserted by 2010 c. 24 s. 24(7)
- s. 218A inserted by 2010 c. 24 s. 27
- s. 264A inserted by 2010 c. 24 s. 2
- s. 271A inserted by 2010 c. 24 s. 23(2)
- s. 335A inserted by S.I. 2009/2979 reg. 7
- s. 335A(1)(a) text amended by S.I. 2010/1883 reg. 4
- s. 368B(1) text amended by S.I. 2010/419 reg. 3(1)
- s. 368B(6) text amended by S.I. 2010/419 reg. 3(2)
- s. 368D(3)(za)(zb) inserted by S.I. 2010/419 reg. 5(1)
- s. 368D(3A) inserted by S.I. 2010/419 reg. 5(2)
- s. 368G(2) text amended by S.I. 2010/419 reg. 6
- s. 368H(16) text amended by S.I. 2010/831 reg. 7
- s. 368J(1) text amended by S.I. 2010/419 reg. 7
- s. 368K(1)(a) text amended by S.I. 2010/419 reg. 8(2)
- s. 368K(1)(b) text amended by S.I. 2010/419 reg. 8(3)
- s. 368O(2)(a) text amended by S.I. 2010/419 reg. 10
- s. 368P(A1) inserted by S.I. 2010/419 reg. 11(a)
- s. 368P(1) substituted by S.I. 2010/419 reg. 11(b)
- s. 368P(2)(b)(c) omitted by S.I. 2010/419 reg. 11(c)
- s. 368Q(A1) inserted by S.I. 2010/419 reg. 12(1)
- s. 368Q(4) text amended by S.I. 2010/419 reg. 12(2)
- s. 368Q(5) text amended by S.I. 2010/419 reg. 12(3)
- s. 368R(1) text amended by S.I. 2010/831 reg. 8
- s. 368BA 368BB inserted by S.I. 2010/419 reg. 4
- s. 368NA inserted by S.I. 2010/419 reg. 9
- Sch. 11A inserted by S.I. 2010/831 reg. 9
- specified provision(s) amendment to earlier commencing SI 2003/3142 by S.I. 2004/545 art. 2
- specified provision(s) amendment to earlier commencing SI 2003/3142 by S.I. 2004/697 art. 2
- specified provision(s) amendment to earlier commencing SI 2003/3142 art. 4 by S.I. 2004/1492 art. 2
Commencement Orders yet to be applied to the Communications Act 2003:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/1900 art. 2 commences (2003 c. 21)
- S.I. 2004/3309 art. 2 3 commences (2003 c. 21)
- S.I. 2009/2130 art. 2 commences (2003 c. 21)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/2575 art. 2 Sch. 1 2 commences (2004 c. 20)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2007/2584 art. 2 commences (2006 c. 26)
- S.I. 2007/3546 art. 3 Sch. commences (2007 c. 17)
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
Prospective
Electronic communications codeE+W+S+N.I.
17(1)Sub-paragraph (2) applies where, immediately before the coming into force of section 106 of this Act, the telecommunications code set out in Schedule 2 to the 1984 Act applies to a person by virtue of the provisions of his licence under section 7 of that Act.E+W+S+N.I.
(2)That person shall be treated after the commencement of section 106 of this Act as a person in whose case the electronic communications code applies by virtue of a direction given by OFCOM.
(3)The deemed direction shall be assumed to be one given in relation to so much of any electronic communications network as—
(a)was included immediately before the commencement of section 106 of this Act in the telecommunication system which was the operator’s system for the purposes of the application of the code; or
(b)which would have been so included if it had been being provided at that time.
(4)So much of the code in Schedule 2 to the 1984 Act as has effect immediately before the commencement of Schedule 3 to this Act—
(a)in relation to telecommunication apparatus, or
(b)in relation a telecommunication system,
is to have effect after the commencement of that Schedule in relation to so much of the apparatus or system as is electronic communications apparatus or the operator’s network for the purposes of the application of that Schedule to this Act by virtue of this paragraph or section 106(3)(b) of this Act.
(5)A right which for the purposes of the code in Schedule 2 to the 1984 Act has effect immediately before the commencement of Schedule 3 to this Act as conferred for purposes connected with the provision of a telecommunication service is to have effect after the commencement of that Schedule as conferred for the purposes of the corresponding electronic communications service.
(6)Any agreement which, immediately before the repeal of the provisions contained in section 10(3A) and (3B) of the 1984 Act or section 189 of the 1990 Act, is a relevant agreement for the purposes of those provisions shall be deemed in relation to times after the coming into force of that repeal to be a relevant agreement for the purposes of paragraph 29 of the electronic communications code.
(7)In this paragraph “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of this Act.
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