6(1)Section 9 of the Food and Environment Protection Act 1985 (offences relating to the licensing system) is amended as follows.
(2)In subsection (1) (which is expressed to be subject to certain later subsections) in the words preceding paragraph (a), before “below” insert “and (8)”.
(3)After subsection (7) insert—
“(8)It shall be a defence for a person charged with an offence under subsection (1) in relation to any operation to prove that—
(a)for the purposes of paragraph 23 of the electronic communications code (undertaker’s works), the person is the operator or a relevant undertaker, and
(b)the activity was carried out for the purpose of executing emergency works, within the meaning of that code.
In this subsection “the electronic communications code” means the code set out in Schedule 2 to the Telecommunications Act 1984.”.