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Communications Act 2003

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This is the original version (as it was originally enacted).

117Transitional schemes on cessation of application of code
This section has no associated Explanatory Notes

(1)Where it appears to OFCOM

(a)that the electronic communications code has ceased or is to cease to apply, to any extent, in the case of any person (“the former operator”),

(b)that it has ceased or will cease so to apply for either of the reasons specified in subsection (2), and

(c)that it is appropriate for transitional provision to be made in connection with it ceasing to apply in the case of the former operator,

they may by order make a scheme containing any such transitional provision as they think fit in that case.

(2)Those reasons are—

(a)the suspension under section 113 of the application of the code in the former operator’s case;

(b)the revocation or modification under section 115 of the direction applying the code in his case.

(3)A scheme contained in an order under this section may, in particular—

(a)impose any one or more obligations falling within subsection (4) on the former operator;

(b)provide for those obligations to be enforceable in such manner (otherwise than by criminal penalties) and by such persons as may be specified in the scheme;

(c)authorise the retention of apparatus on any land pending its subsequent use for the purposes of an electronic communications network, electronic communications service or conduit system to be provided by any person;

(d)provide for the transfer to such persons as may be specified in, or determined in accordance with, the scheme of any rights or liabilities arising out of any agreement or other obligation entered into or incurred in pursuance of the code by the former operator;

(e)provide, for the purposes of any provision contained in the scheme by virtue of any of the preceding paragraphs, for such questions arising under the scheme as are specified in the scheme, or are of a description so specified, to be referred to, and determined by, OFCOM.

(4)The obligations referred to in subsection (3)(a) are—

(a)an obligation to remove anything installed in pursuance of any right conferred by or in accordance with the code;

(b)an obligation to restore land to its condition before anything was done in pursuance of any such right; or

(c)an obligation to pay the expenses of any such removal or restoration.

(5)Sections 110 to 112 apply in relation to the requirements imposed by virtue of a scheme contained in an order under this section as they apply in relation to a requirement imposed by virtue of restrictions or conditions under section 109.

(6)Section 403 applies to the power of OFCOM to make an order under this section.

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