The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017

PART 2 AMENDMENT OF NETWORK RAIL ORDERS

Network Rail (West Coast Main Line) Order 2003

2.—(1) The Network Rail (West Coast Main Line) Order 2003(3) is amended as follows.

(2) In Schedule 13 (protective provisions), in Part II (protection for operators of an electronic communications code network), in paragraph 15, for “paragraph 9” substitute “Part 8”.

Network Rail (West Coast Main Line) Order 2004

3.—(1) The Network Rail (West Coast Main Line) Order 2004(4) is amended as follows.

(2) In article 2(1) (interpretation)—

(a) omit the definition of “conduit system”;

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

(3) In Schedule 13 (protective provisions), in Part II (protection for operators of an electronic communications code network), in paragraph 15, for “paragraph 9” substitute “Part 8”.

Network Rail (Thameslink 2000) Order 2006

4.—(1) The Network Rail (Thameslink 2000) Order 2006(5) is amended as follows.

(2) In article 2(1) (interpretation)—

(a) omit the definition of “conduit system”;

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

(3) In Schedule 10 (protective provisions), in Part 2 (protection for operators of an electronic communications code network), in paragraph 15, for “paragraph 9” substitute “Part 8”.

Network Rail (Nuneaton North Chord) Order 2010

5.—(1) The Network Rail (Nuneaton North Chord) Order 2010(6) is amended as follows.

(2) In Schedule 10 (protection for operators of electronic communications code networks)—

(a) in paragraph 1—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b) in paragraph 2, for “paragraph 9” substitute “Part 8”.

Network Rail (Ipswich Chord) Order 2012

6.—(1) The Network Rail (Ipswich Chord) Order 2012(7) is amended as follows.

(2) In Schedule 7 (protective provisions), in Part 2 (for the protection of operators of electronic communications code networks)—

(a) in paragraph 11(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b) in paragraph 12, for “paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

Network Rail (North Doncaster Chord) Order 2012

7.—(1) The Network Rail (North Doncaster Chord) Order 2012(8) is amended as follows.

(2) In Schedule 12 (protective provisions), in Part 2 (for the protection of operators of electronic communications code networks)—

(a) in paragraph 12—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b) in paragraph 13, for “paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

Network Rail (Redditch Branch Enhancement) Order 2013

8.—(1) The Network Rail (Redditch Branch Enhancement) Order 2013(9) is amended as follows.

(2) In article 2(1) (interpretation), in the definition of “electronic communications code” for “section 137(8)” substitute “section 106(1)”.

(3) In Schedule 10 (protective provisions), in Part 2 (protection for operators of electronic communications code networks)—

(a) in paragraph 11(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”

(b) in paragraph 12 for “paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

Network Rail (Norton Bridge Area Improvements) Order 2014

9.—(1) The Network Rail (Norton Bridge Area Improvements) Order 2014(10) is amended as follows.

(2) In Schedule 10 (protective provisions), in Part 2 (for the protection of operators of electronic communications code networks)—

(a) in paragraph 11(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b) in paragraph 12, for “paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

Network Rail (Huyton) Order 2014

10.—(1) The Network Rail (Huyton) Order 2014(11) is amended as follows.

(2) In Schedule 8 (protection for operators of electronic communications code networks)—

(a) in paragraph 1(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b) in paragraph 2, for “paragraph 9” substitute “Part 8”.

Network Rail (Ordsall Chord) Order 2015

11.—(1) The Network Rail (Ordsall Chord) Order 2015(12) is amended as follows.

(2) In Schedule 12 (protective provisions), in Part 2 (for the protection of operators of electronic communications code networks), in paragraph 12(2)—

(a) omit the definition of “conduit system”;

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

Network Rail (Glasgow Queen Street Station) Order 2017

12.—(1) The Network Rail (Glasgow Queen Street Station) Order 2017(13) is amended as follows.

(2) In Schedule 8 (protective provisions), in Part 2 (protection for operators of electronic communications code networks)—

(a) in paragraph 16—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

(b) in paragraph 17, for “paragraph 9” substitute “Part 8”.

(1)

1896 c.48 (59 & 60 Vict.). This Act is repealed by the Transport and Works Act 1992 (c.42). However, orders in force before 1st January 1993 were saved by S.I.1992/2784.

(2)

1992 c.42.

(3)

S.I. 2003/1075.

(4)

S.I. 2004/389.

(5)

S.I. 2006/3117.

(6)

S.I. 2010/1721.

(7)

S.I. 2012/2284.

(8)

S.I. 2012/2635.

(9)

S.I. 2013/2809.

(10)

S.I. 2014/909.

(11)

S.I. 2014/2027.

(12)

S.I. 2015/780.

(13)

S.S.I. 2017/100.