Marine and Coastal Access Act 2009

Electronic Communications Code: Scotland

12 (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) “Scottish transitional date” means the date on which the repeals made in paragraph 11 of the Code by this Act take effect in relation to Scotland.

(2) Sub-paragraphs (3) to (5) apply to any communications approval (a “qualifying Scottish approval”)—

(a) which is in effect immediately before the Scottish 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 needs a licence under section 5 or 6 of FEPA.

(3) A qualifying Scottish approval has effect on and after the Scottish transitional date as if it were a licence granted under section 5 or 6 (as the case may be) of FEPA by the licensing authority in relation to the activity (a “deemed FEPA licence”).

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

(5) If, by virtue of paragraph 11(5) of the Code, the qualifying Scottish approval was given subject to a condition, the deemed FEPA licence has effect as if the condition were a condition attached to the deemed FEPA 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, needs a licence under section 5 or 6 of FEPA,

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