Marine and Coastal Access Act 2009

Electronic Communications Code: England and Wales

11 (1) In this paragraph—

(a) “the Code” means the Electronic Communications Code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12);

(b) “communications approval” means an approval under paragraph 11 of the Code;

(c) “transitional date” means the date on which the repeals made in paragraph 11 of the Code by this Act take effect in relation to England and Wales.

(2) Subsections (3) to (5) apply to any communications approval (a “qualifying approval”)—

(a) which is in effect immediately before the transitional date, and

(b) which relates to any works, falling within sub-paragraph (3) or (4) of paragraph 11 of the Code, the execution of which on or after that date is a licensable marine activity.

(3) A qualifying approval has effect on and after the transitional date as if it were a marine licence granted by the appropriate licensing authority in relation to the licensable marine activity (a “deemed marine licence”).

(4) If the qualifying approval was given for a specified period, the deemed marine licence is to remain in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the transitional date.

(5) If, by virtue of paragraph 11(5) of the Code, the qualifying approval was given subject to a condition, the deemed marine licence has effect as if the condition were a condition attached to the deemed marine licence.

(6) Any application for a communications approval—

(a) which was submitted before the transitional date, and

(b) which relates to an activity which, on or after that date, is a licensable marine activity,

has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.