Search Legislation

Digital Economy Act 2010

Status:

This is the original version (as it was originally enacted).

16Interpretation and consequential provision

This section has no associated Explanatory Notes

(1)After section 124M of the Communications Act 2003 insert—

124NInterpretation

In sections 124A to 124M and this section—

  • “apparent infringement”, in relation to a copyright infringement report, means the infringement of copyright that the report states appears to have taken place;

  • “copyright infringement list” has the meaning given in section 124B(2);

  • “copyright infringement provisions” means sections 124A to 124M and this section;

  • “copyright infringement report” has the meaning given in section 124A(3);

  • “copyright owner” means—

    (a)

    a copyright owner within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (see section 173 of that Act); or

    (b)

    someone authorised by that person to act on the person’s behalf;

  • “copyright work” has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988 (see section 1(2) of that Act);

  • “initial obligations” has the meaning given in section 124C(1);

  • “initial obligations code” has the meaning given in section 124A(2);

  • “internet access service” means an electronic communications service that—

    (a)

    is provided to a subscriber;

    (b)

    consists entirely or mainly of the provision of access to the internet; and

    (c)

    includes the allocation of an IP address or IP addresses to the subscriber to enable that access;

  • “internet service provider” means a person who provides an internet access service;

  • “IP address” means an internet protocol address;

  • “subscriber”, in relation to an internet access service, means a person who—

    (a)

    receives the service under an agreement between the person and the provider of the service; and

    (b)

    does not receive it as a communications provider;

  • “subscriber appeal” means—

    (a)

    in relation to an initial obligations code, an appeal by a subscriber on grounds specified in the code in relation to—

    (i)

    the making of a copyright infringement report;

    (ii)

    notification under section 124A(4);

    (iii)

    the inclusion or proposed inclusion of an entry in a copyright infringement list; or

    (iv)

    any other act or omission in relation to an initial obligation or an initial obligations code;

    (b)

    in relation to a technical obligations code, an appeal by a subscriber on grounds specified in the code in relation to—

    (i)

    the proposed taking of a technical measure; or

    (ii)

    any other act or omission in relation to a technical obligation or a technical obligations code;

  • “technical measure” has the meaning given in section 124G(3);

  • “technical obligation” has the meaning given in section 124G(2);

  • “technical obligations code” means a code in force under section 124I.

(2)In section 135(3) of that Act (information required for purposes of Chapter 1 functions), after paragraph (i) insert—

(ia)preparing a report under section 124F;

(ib)carrying out an assessment, taking steps or providing a report under section 124G;.

(3)In Schedule 8 to that Act (decisions not subject to appeal to the Competition Appeal Tribunal), after paragraph 9 insert—

9AA decision relating to any of sections 124A to 124N or to anything done under them.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources