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The Electronic Communications and Wireless Telegraphy Regulations 2011

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Communications Act 2003

This section has no associated Explanatory Memorandum

90.  In section 151 (interpretation of Chapter 1 of Part 2)—

(a)in subsection (1)—

(i)in the definition of “the Access Directive”, at the end insert “, as amended by Directive 2009/140/EC of the European Parliament and of the Council”,

(ii)in the definition of “the Framework Directive”, at the end insert “, as amended by Directive 2009/140/EC of the European Parliament and of the Council”, and

(iii)in the definition of “the Universal Service Directive”, at the end insert “, as amended by Directive 2009/136/EC of the European Parliament and of the Council”,

(b)in subsection (3)(b)(ii) for “a communications provider or person making available associated facilities” substitute “a person”,

(c)after subsection (4)(b) insert—

(ba)any electronic communications apparatus;, and

(d)after subsection (4) insert—

(4A) In subsections (3)(b)(ii) and (4)(d), the references to an electronic communications service include the conveyance by means of an electronic communications network of signals, including an information society service or content service so conveyed.

(4B) In subsection (4A)—

“content service” has the meaning given by section 32(7), and

“information society service” has the meaning given by Article 2(a) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.

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