Digital Economy Act 2017

Section 4

SCHEDULE 3E+W+S+N.I.Electronic communications code: consequential amendments

This schedule has no associated Explanatory Notes

PART 1 E+W+S+N.I.General provision

InterpretationE+W+S+N.I.

1In this Part—E+W+S+N.I.

  • the commencement date” means the day on which Schedule 3A to the Communications Act 2003 comes into force;

  • enactment” includes—

    (a)

    an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978,

    (b)

    an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

    (c)

    an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and

    (d)

    an enactment comprised in, or in an instrument made under, Northern Ireland legislation;

  • the existing code” means Schedule 2 to the Telecommunications Act 1984;

  • the new code” means Schedule 3A to the Communications Act 2003.

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Commencement Information

I1Sch. 3 para. 1 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

References to the code or provisions of the codeE+W+S+N.I.

2(1)In any enactment passed or made before the commencement date, unless the context requires otherwise—E+W+S+N.I.

(a)a reference to the existing code is to be read as a reference to the new code;

(b)a reference to a provision of the existing code listed in column 1 of the table is to be read as a reference to the provision of the new code in the corresponding entry in column 2.

(2)This paragraph does not affect the amendments made by Part 2 of this Schedule or the power to make amendments by regulations under section 6.

(3)This paragraph does not affect section 17(2) of the Interpretation Act 1978 (effect of repeal and re-enactment) in relation to any reference to a provision of the existing code not listed in the table.

Existing codeNew code
Paragraph 9Part 8
Paragraph 21Part 6
Paragraph 23Part 10
Paragraph 29Paragraph 18
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Commencement Information

I2Sch. 3 para. 2 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

References to a conduit systemE+W+S+N.I.

3In any enactment passed or made before the commencement date, unless the context requires otherwise—E+W+S+N.I.

(a)a reference to a conduit system, where it is defined by reference to the existing code, is to be read as a reference to an infrastructure system as defined by paragraph 7(1) of the new code, and

(b)a reference to provision of such a system is to be read in accordance with paragraph 7(2) of the new code (reference to provision includes establishing or maintaining).

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Commencement Information

I3Sch. 3 para. 3 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

PART 2 E+W+S+N.I.Amendments of particular enactments

Landlord and Tenant Act 1954 (c. 56)E+W+S+N.I.

4In section 43 of the Landlord and Tenant Act 1954 (tenancies to which provisions on security of tenure for business etc tenants do not apply) after subsection (3) insert—E+W+S+N.I.

(4)This Part does not apply to a tenancy—

(a)the primary purpose of which is to grant code rights within the meaning of Schedule 3A to the Communications Act 2003 (the electronic communications code), and

(b)which is granted after that Schedule comes into force.

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Commencement Information

I4Sch. 3 para. 4 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Opencast Coal Act 1958 (c. 69)E+W+S+N.I.

5(1)Section 45 of the Opencast Coal Act 1958 (provisions as to telegraphic lines) is amended as follows.E+W+S+N.I.

(2)In subsection (2) for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(3)In section (4) for “Paragraph 1(2) of the electronic communications code” substitute “ Paragraph 103(2) of the electronic communications code ”.

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Commencement Information

I5Sch. 3 para. 5 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Land Drainage (Scotland) Act 1958 (c. 24)E+W+S+N.I.

6In section 17 of the Land Drainage Act (Scotland) Act 1958 (application of paragraph 23 of the code) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Commencement Information

I6Sch. 3 para. 6 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Pipe-lines Act 1962 (c. 58)E+W+S+N.I.

7In section 40(2) of the Pipe-lines Act 1962 (avoidance of interference with lines) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Commencement Information

I7Sch. 3 para. 7 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Harbours Act 1964 (c. 40)E+W+S+N.I.

8In section 53 of the Harbours Act 1964 (application of paragraph 23 of the code) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Commencement Information

I8Sch. 3 para. 8 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Fair Trading Act 1973 (c. 41)E+W+S+N.I.

9In section 137(3)(f) of the Fair Trading Act 1973 (general interpretation: services covered) for “paragraph 29 of Schedule 2 to the Telecommunications Act 1984” substitute “ paragraph 17 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Commencement Information

I9Sch. 3 para. 9 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Highways Act 1980 (c. 66)E+W+S+N.I.

10The Highways Act 1980 is amended as follows.E+W+S+N.I.

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Commencement Information

I10Sch. 3 para. 10 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

11In section 177(12) (restriction of construction over highways: application of paragraph 23 of code) for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Commencement Information

I11Sch. 3 para. 11 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

12(1)Section 334 (savings relating to electronic communications apparatus) is amended as follows.E+W+S+N.I.

(2)In subsection (8) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(3)In subsection (9) for “the said paragraph 23” substitute “ Part 10 of the electronic communications code ”.

(4)In subsection (11)—

(a)for “Sub-paragraph (8) of paragraph 23” substitute “ Paragraph 68 ”;

(b)for “that paragraph” substitute “ Part 10 of the code ”.

(5)In subsection (12) for “1(2)” “substitute “ 103(2) ”.

(6)In subsection (13) for “Paragraph 21 of the electronic communications code (restriction on removal of electronic communications apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) ”.

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Commencement Information

I12Sch. 3 para. 12 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Roads (Scotland) Act 1984 (c. 54)E+W+S+N.I.

13The Roads (Scotland) Act 1984 is amended as follows.E+W+S+N.I.

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Commencement Information

I13Sch. 3 para. 13 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

14(1)Section 50 (planting of trees etc by roads authority) is amended as follows.E+W+S+N.I.

(2)In subsection (3) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(3)In subsection (4)—

(a)for “sub-paragraph (8) of paragraph 23” substitute “ Paragraph 68 ”;

(b)for “that paragraph” substitute “ Part 10 of the code ”.

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Commencement Information

I14Sch. 3 para. 14 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

15(1)Section 75 (bridges over and tunnels under navigable waterways) is amended as follows.E+W+S+N.I.

(2)In subsection (9) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(3)In subsection (10)—

(a)for “sub-paragraph (8) of paragraph 23” substitute “ paragraph 68 ”;

(b)for “that paragraph” substitute “ Part 10 of the code ”.

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Commencement Information

I15Sch. 3 para. 15 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

16(1)Section 132 (saving for operators of telecommunications code systems) is amended as follows.E+W+S+N.I.

(2)In the heading for “telecommunications code systems” substitute “ electronic communications code networks ”.

(3)In subsection (4) for “paragraph 1(2) of the electronic communications code” substitute “ paragraph 103(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(4)In subsection (5) for “Paragraph 21 of the electronic communications code (restriction on removal of electronic communications apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) ”.

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Commencement Information

I16Sch. 3 para. 16 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Housing Act 1985 (c. 68)E+W+S+N.I.

17Section 298 of the Housing Act 1985 (telecommunications apparatus) is amended as follows.E+W+S+N.I.

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Commencement Information

I17Sch. 3 para. 17 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

18For the heading substitute “ Electronic communications apparatus ”.E+W+S+N.I.

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Commencement Information

I18Sch. 3 para. 18 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

19In subsection (2) for “paragraph 21 of the electronic communications code” substitute “ Part 6 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Commencement Information

I19Sch. 3 para. 19 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

20In subsection (3) for “paragraph 23” substitute “ Part 10 ”.E+W+S+N.I.

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Commencement Information

I20Sch. 3 para. 20 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Food and Environment Protection Act 1985 (c. 48)E+W+S+N.I.

21The Food and Environment Protection Act 1985 is amended as follows.E+W+S+N.I.

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Commencement Information

I21Sch. 3 para. 21 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

22In section 8A (electronic communications apparatus: operations in tidal waters etc) for the words from “paragraph 11” to “1984” substitute “ Part 9 of Schedule 3A of the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Commencement Information

I22Sch. 3 para. 22 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

23In section 9(8) (defence to operating without licence under Part 2)—E+W+S+N.I.

(a)for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A of the Communications Act 2003 (the electronic communications code) ”;

(b)omit the words from “In this subsection” to the end.

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Commencement Information

I23Sch. 3 para. 23 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Airports Act 1986 (c. 31)E+W+S+N.I.

24The Airports Act 1986 is amended as follows.E+W+S+N.I.

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Commencement Information

I24Sch. 3 para. 24 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

25(1)Section 62 (electronic communications apparatus) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A of the Communications Act 2003 (the electronic communications code) ”.

(3)In subsection (4) for “Paragraph 23” substitute “ Part 10 ”.

(4)In subsection (5)—

(a)for “Sub-paragraph (8) of paragraph 23” substitute “ Paragraph 68 ”;

(b)for “that paragraph” substitute “ Part 10 of the code ”.

(5)In subsection (6) for “1(2)” substitute “ 103(2) ”.

(6)In subsection (7) for “Paragraph 21 of the electronic communications code (restriction on removal of apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of apparatus) ”.

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Commencement Information

I25Sch. 3 para. 25 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Landlord and Tenant Act 1987 (c. 31)E+W+S+N.I.

26In section 4(2) of the Landlord and Tenant Act 1987 (disposals which are not relevant disposals for purposes of tenants' right of first refusal) after paragraph (da) insert—E+W+S+N.I.

(db)the conferral of a code right under Schedule 3A to the Communications Act 2003 (the electronic communications code);.

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Commencement Information

I26Sch. 3 para. 26 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)E+W+S+N.I.

27In paragraph 4 of Schedule 4 to the Road Traffic (Driver Licensing and Information Systems) Act 1989 (application of paragraph 23 of code to licence holders) for “Paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Commencement Information

I27Sch. 3 para. 27 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Electricity Act 1989 (c. 29)E+W+S+N.I.

28In paragraph 1(6) of Schedule 16 to the Electricity Act 1989 (application of paragraph 23) for “Paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Commencement Information

I28Sch. 3 para. 28 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Town and Country Planning Act 1990 (c. 8)E+W+S+N.I.

29(1)Section 256 of the Town and Country Planning Act 1990 (electronic communications apparatus: orders by the Secretary of State) is amended as follows.E+W+S+N.I.

(2)In subsection (5) for “Paragraph 1(2) of the electronic communications code” substitute “ Paragraph 103(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(3)In subsection (6) for “Paragraph 21 of the electronic communications code (restriction on removal of electronic communications apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) ”.

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I29Sch. 3 para. 29 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Water Industry Act 1991 (c. 56)E+W+S+N.I.

30In paragraph 4 of Schedule 13 to the Water Industry Act 1991—E+W+S+N.I.

(a)for “paragraph 23” substitute “ Part 10 ”;

(b)for “Schedule 2 to the Telecommunications Act 1984” substitute “ Schedule 3A to the Communications Act 2003 ”;

(c)in the heading, for “telecommunication systems” substitute “ electronic communications networks ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 3 para. 30 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Water Resources Act 1991 (c. 57)E+W+S+N.I.

31In Schedule 22 to the Water Resources Act 1991 (protection of particular undertakings)—E+W+S+N.I.

(a)in paragraph 5 for “Paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”;

(b)for the italic heading before paragraph 5 substitute “ Protection for electronic communications networks ”.

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Commencement Information

I31Sch. 3 para. 31 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231)E+W+S+N.I.

32In paragraph 3(2) of Schedule 4 to the Electricity (Northern Ireland) Order 1992 (application of paragraph 23) for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Commencement Information

I32Sch. 3 para. 32 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Cardiff Bay Barrage Act 1993 (c. 42)E+W+S+N.I.

33In paragraph 16 of Schedule 2 to the Cardiff Bay Barrage Act 1993 (application of paragraph 23) for “Paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 3 para. 33 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Roads (Northern Ireland) Order 1993 (S.I. 1993/3160)E+W+S+N.I.

34(1)Schedule 9 to the Roads (Northern Ireland) Order 1993 (saving provisions) is amended as follows.E+W+S+N.I.

(2)In paragraph 2(2) for “Paragraph 1(2) of the electronic communications code” substitute “ Paragraph 103(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(3)In paragraph 2(3) for “Paragraph 21 of the electronic communications code (restrictions on removal of apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of apparatus) ”.

(4)In paragraph 3 for “Paragraph 23” substitute “ Part 10 ”.

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Commencement Information

I34Sch. 3 para. 34 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426)E+W+S+N.I.

35(1)Article 12 of the Airports (Northern Ireland) Order 1994 (provisions as to electronic communications apparatus) is amended as follows.E+W+S+N.I.

(2)In paragraph (1) for “Paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(3)In paragraph (3A) for “Paragraph 23” substitute “ Part 10 ”.

(4)In paragraph (4)—

(a)for “Sub-paragraph (8) of paragraph 23” substitute “ Paragraph 68 ”;

(b)for “that paragraph” substitute “ Part 10 of the code ”.

(5)In paragraph (5) for “1(2)” substitute “ 103(2) ”.

(6)In paragraph (6) for “Paragraph 21 of the electronic communications code (restriction on removal of apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of apparatus) ”.

(7)Omit paragraph (7).

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Commencement Information

I35Sch. 3 para. 35 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Landlord and Tenant (Covenants) Act 1995 (c. 30)E+W+S+N.I.

36In section 5 of the Landlord and Tenant (Covenants) Act 1995 (tenant released from covenants on assignment of tenancy), after subsection (4) insert—E+W+S+N.I.

(5)This section is subject to paragraph 16(4) of Schedule 3A to the Communications Act 2003 (which places conditions on the release of an operator from liability under an agreement granting code rights under the electronic communications code).

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Commencement Information

I36Sch. 3 para. 36 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Gas Act 1995 (c. 45)E+W+S+N.I.

37In paragraph 2(7) of Schedule 4 to the Gas Act 1995 (application of paragraph 23 to public gas transporters) for “Paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 3 para. 37 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Channel Tunnel Rail Link Act 1996 (c. 61)E+W+S+N.I.

38(1)Part 4 of Schedule 15 to the Channel Tunnel Rail Link Act 1996 (protection of telecommunications operators) is amended as follows.E+W+S+N.I.

(2)For the heading substitute “ Protection of electronic communications code operators ”.

(3)In paragraph 2(1) for “Paragraph 21 of the electronic communications code” substitute “ Part 6 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(4)In paragraph 2(2) for “Paragraph 23” substitute “ Part 10 ”.

(5)In paragraph 3 for “paragraph 9” substitute “ Part 8 ”.

(6)In paragraph 4(1) for “paragraph 23” substitute “ Part 10 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38Sch. 3 para. 38 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275)E+W+S+N.I.

39(1)Schedule 3 to the Gas (Northern Ireland) Order 1996 (other powers etc of licence holders) is amended as follows.E+W+S+N.I.

(2)In paragraph 1(1) omit the following definitions—

(a)“public telecommunications operator”;

(b)“telecommunication apparatus” and “electronic communications network”;

(c)“telecommunications code”.

(3)In paragraph 3(2) for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Sch. 3 para. 39 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Business Tenancies (Northern Ireland) Order 1996 (SI 1996/725 (NI 5))E+W+S+N.I.

40In Article 4(1) of the Business Tenancies (Northern Ireland) Order 1996 (tenancies to which the Order does not apply) after paragraph (k) insert—E+W+S+N.I.

(l)a tenancy the primary purpose of which is to grant code rights within the meaning of Schedule 3A to the Communications Act 2003 (the electronic communications code), where the tenancy is granted after that Schedule comes into force.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40Sch. 3 para. 40 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Town and Country Planning (Scotland) Act 1997 (c. 8)E+W+S+N.I.

41(1)Section 212 of the Town and Country Planning (Scotland) Act 1997 (electronic communications apparatus) is amended as follows.E+W+S+N.I.

(2)In subsection (7) for “Paragraph 1(2) of the electronic communications code” substitute “ Paragraph 103(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(3)In subsection (8) for “Paragraph 21 of the electronic communications code (restriction on removal of electronic communications apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of apparatus) ”.

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Commencement Information

I41Sch. 3 para. 41 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Enterprise Act 2002 (c. 40)E+W+S+N.I.

42The Enterprise Act 2002 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 3 para. 42 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

43In section 128(5) (mergers: references to supply of services) for the words from “(within” to the end substitute “(within the meaning of paragraph 17 of Schedule 3A to the Communications Act 2003 (the electronic communications code)) for sharing the use of electronic communications apparatus.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 3 para. 43 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

44In section 234(5) (enforcement of consumer legislation: references to supply of services) for the words from “(within” to the end substitute “(within the meaning of paragraph 17 of Schedule 3A to the Communications Act 2003 (the electronic communications code)) for sharing the use of electronic communications apparatus.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Sch. 3 para. 44 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Communications Act 2003 (c. 21)E+W+S+N.I.

45The Communications Act 2003 is amended as follows.E+W+S+N.I.

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Commencement Information

I45Sch. 3 para. 45 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

46(1)Section 394 (service of notifications and other documents) is amended as follows.E+W+S+N.I.

(2)In subsection (2) omit paragraph (d).

(3)After subsection (10) insert—

(11)In its application to Schedule 3A this section is subject to paragraph 91 of that Schedule.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 3 para. 46 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

47(1)Section 402 (power of Secretary of State to make orders and regulations) is amended as follows.E+W+S+N.I.

(2)In subsection (2) after paragraph (a) insert—

(aa)regulations under paragraph 95 of Schedule 3A which amend, repeal or modify the application of primary legislation,.

(3)After subsection (2) insert—

(2A)A statutory instrument containing (whether alone or with other provisions) regulations under paragraph 95 of Schedule 3A which amend, repeal or modify the application of primary legislation, may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(4)After subsection (3) insert—

(4)In this section “primary legislation” means—

(a)an Act of Parliament,

(b)a Measure or Act of the National Assembly for Wales,

(c)an Act of the Scottish Parliament, or

(d)Northern Ireland legislation.

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Commencement Information

I47Sch. 3 para. 47 in force at 31.7.2017 by S.I. 2017/765, reg. 2(jj)

48Schedule 3 is repealed.E+W+S+N.I.

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Commencement Information

I48Sch. 3 para. 48 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Land Reform (Scotland) Act 2003 (asp 2)E+W+S+N.I.

49(1)Schedule 1 to the Land Reform (Scotland) Act 2003 (path orders) is amended as follows.E+W+S+N.I.

(2)In paragraph 12 for “Paragraph 1(2) of the electronic communications code” substitute “ Paragraph 103(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(3)In paragraph 13 for “Paragraph 21 of that code (restriction on removal of apparatus)” substitute “ Part 6 of the electronic communications code (rights to require removal of apparatus) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I49Sch. 3 para. 49 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Housing and Regeneration Act 2008 (c. 17)E+W+S+N.I.

50The Housing and Regeneration Act 2008 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I50Sch. 3 para. 50 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

51In section 2(3) (objects of the Homes and Communities Agency: interpretation) in paragraph (a) of the definition of “infrastructure” for “telecommunications” substitute “ electronic communications ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51Sch. 3 para. 51 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

52In section 57(1) (interpretation of Part 1) omit the definition of “conduit system” and insert in the appropriate place—E+W+S+N.I.

infrastructure system” has the meaning given by paragraph 7(1) of Schedule 3A to the Communications Act 2003 (the electronic communications code), and a reference to providing such a system is to be read in accordance with paragraph 7(2) of the code (reference to provision includes establishing or maintaining),.

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Commencement Information

I52Sch. 3 para. 52 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

53In the table in section 58 (index of defined expressions in Part 1) omit the entry for “conduit system (and providing such a system)” and insert in the appropriate place—E+W+S+N.I.

Infrastructure system (and providing such a system)Section 57(1).
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Commencement Information

I53Sch. 3 para. 53 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Crossrail Act 2008 (c. 18)E+W+S+N.I.

54(1)Part 4 of Schedule 17 to the Crossrail Act 2008 (protective provisions) is amended as follows.E+W+S+N.I.

(2)In paragraph 1(2) for the definition of “electronic communications code” substitute—

electronic communications code” means the code set out in Schedule 3A to the Communications Act 2003;.

(3)In paragraph 2(1) for “paragraph 23” substitute “ Part 10 ”.

(4)In paragraph 2(2) for “Paragraphs 21 and 23” substitute “ Parts 6 and 10 ”.

(5)In paragraph 3 for “paragraph 9” substitute “ Part 8 ”.

(6)In paragraph 4(1) for “paragraph 23” substitute “ Part 10 ”.

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Commencement Information

I54Sch. 3 para. 54 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

Marine (Scotland) Act 2010 (asp 5)E+W+S+N.I.

55The Marine (Scotland) Act 2010 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 3 para. 55 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

56In section 36(1) (electronic communications apparatus) for the words from “paragraph 11” to “apparatus)” substitute “Part 9 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (works in connection with electronic communications apparatus).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 3 para. 56 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)

57(1)Section 41 (defence to offences: electronic communications: emergency works) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for “paragraph 23 of the electronic communications code” substitute “ Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) ”.

(3)Omit subsection (2).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57Sch. 3 para. 57 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(d)