http://www.legislation.gov.uk/ukpga/2003/21/section/106/2017-07-31Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2017-07-31 Part 2Networks, services and the radio spectrumChapter 1Electronic communications networks and services<Emphasis>Electronic communications code</Emphasis>Application of the electronic communications code1061In this Chapter “the electronic communications code” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12) the code set out in Schedule 3A .2Schedule 3 (which amends Schedule 2 to the Telecommunications Act 1984 (c. 12) for the purpose of translating the telecommunications code into a code applicable in the context of the new regulatory regime established by this Act) shall have effect.3The electronic communications code shall have effect—ain the case of a person to whom it is applied by a direction given by OFCOM; andbin the case of the Secretary of State or any Northern Ireland department where the Secretary of State or that department is providing or proposing to provide an electronic communications network.4The only purposes for which the electronic communications code may be applied in a person’s case by a direction under this section are—athe purposes of the provision by him of an electronic communications network; orbthe purposes of the provision by him of a system of conduits infrastructure which he is making available, or proposing to make available, for use by providers of electronic communications networks for the purposes of the provision by them of their networks.5A direction applying the electronic communications code in any person’s case may provide for that code to have effect in his case—ain relation only to such places or localities as may be specified or described in the direction;bfor the purposes only of the provision of such electronic communications network, or part of an electronic communications network, as may be so specified or described; orcfor the purposes only of the provision of such conduit system system of infrastructure , or part of a conduit system system of infrastructure , as may be so specified or described.6The Secretary of State may by order provide for the electronic communications code to have effect for all purposes with a different amount substituted for the amount for the time being specified in paragraph 16(3) 85(7) of the code (minimum compensation).7In this section “conduit” includes a tunnel, subway, tube or pipe.S. 106 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))S. 106 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)Words in s. 106(1) substituted (31.7.2017 for specified purposes, 22.11.2017 for specified purposes, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 4(4), 118(6); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(a)S. 106(2) omitted (31.7.2017 for specified purposes) by virtue of Digital Economy Act 2017 (c. 30), ss. 4(5), 118(6); S.I. 2017/765, reg. 2(ii)(jj)Word in s. 106(4)(b) substituted (31.7.2017 for specified purposes, 22.11.2017 for specified purposes, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 4(6), 118(6); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(a)Words in s. 106(5)(c) substituted (31.7.2017 for specified purposes, 22.11.2017 for specified purposes, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 4(7), 118(6); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(a)Words in s. 106(6) substituted (31.7.2017 for specified purposes, 22.11.2017 for specified purposes, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 4(8), 118(6); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(a)S. 106(7) omitted (31.7.2017 for specified purposes) by virtue of Digital Economy Act 2017 (c. 30), ss. 4(9), 118(6); S.I. 2017/765, reg. 2(ii)(jj)