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

PART 4 OTHER ROAD TRAFFIC LEGISLATION AMENDMENTS

A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014

2.—(1) The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014(1) is amended as follows.

(2) In article 14 (clearways), in paragraph (3)(a)(iii), for “telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 to the Telecommunications Act 1984” substitute “electronic communications apparatus as defined in paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003”.

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

(a) in paragraph 15—

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

A160/A180 (Port of Immingham Improvement) Development Consent Order 2015

3.—(1) The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015(2) is amended as follows.

(2) In article 15 (clearways), in paragraph (2)(a)(iii), for “telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 (The Telecommunications Code) to the Telecommunications Act 1984” substitute “electronic communications apparatus within the meaning given in paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003”.

(3) In Schedule 8 (protective provisions), in Part 4 (for the protection of operators of electronic communications code networks)—

(a) in paragraph 45—

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

M275 and M27 Motorway (Speed Limit and Bus Lane) Regulations 2015

4.—(1) The M275 and M27 (Speed Limit and Bus Lane) Regulations 2015 (3) are amended as follows.

(2) In regulation 6 (bus lane restriction), in paragraph (2)(d)(iii), for “Schedule 2 to the Telecommunications Act 1984” substitute “paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003”.

Norfolk County Council (Norwich Northern Distributor Road A1067 to A47(T))) Order 2015

5.—(1) The Norfolk County Council (Norwich Northern Distributor Road A1067 to A47(T))) Order 2015(4) is amended as follows.

(2) Schedule 13 (protective provisions) is amended as follows.

(3) In Part 1 (for the protection of railway interests), in paragraph 4(3), for “telecommunications code system” substitute “electronic communications code network”.

(4) In Part 5 (for the protection of operators of electronic communications code networks)—

(a) in paragraph 64—

(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 65, for “paragraph 23 of Schedule 2 to the Telecommunication Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016

6.—(1) The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016(5) is amended as follows.

(2) In article 14 (clearways), in paragraph (2)(a)(iii), for “telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 (The Telecommunications Code) to the Telecommunications Act 1984” substitute “electronic communications apparatus as defined in paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003”.

(3) In Schedule 8 (protective provisions), in Part 3 (for the protection of operators of electronic communications code networks)—

(a) in paragraph 30—

(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 31, for “paragraph 23 of Schedule 2 (undertaker’s works) to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003 (undertaker’s works)”.

A77 Trunk Road (Vicarton Street, Girvan) (Prohibition of Waiting, Loading and Unloading) Order 2010

7.—(1) The A77 Trunk Road (Vicarton Street, Girvan) (Prohibition of Waiting, Loading and Unloading) Order 2010(6) is amended as follows.

(2) In article 4 (exemption for certain purposes), in paragraph (a)(ii), for “paragraph 1(1) of Schedule 2 to the Telecommunications Act 1984” substitute “paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003”.

(1)

S.I. 2014/2269.

(2)

S.I. 2015/129.

(3)

S.I. 2015/405.

(4)

S.I. 2015/1347.

(5)

S.I. 2016/73.

(6)

S.S.I. 2010/293.