Digital Economy Act 2010

16Interpretation and consequential provisionE+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

(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.

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Commencement Information

I1S. 16 wholly in force at 8.6.2010; s. 16(1) in force at Royal Assent and s. 16(2)(3) in force at 8.6.2010 see s. 47(1)(2)(a)