http://www.legislation.gov.uk/ukpga/2003/21/section/109/2003-07-25Communications 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 Participation2003-07-25
Communications Act 2003specified provision(s)The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003art. 1(3)Communications Act 2003s. 368E(5)(d)(e)Digital Economy Act 2017s. 94(3)s. 118(6)Communications Act 2003Sch. 3A Pt. 4ZAProduct Security and Telecommunications Infrastructure Act 2022s. 67(1)s. 79(2)Communications Act 2003Sch. 3A para. 103(1)(ca)Product Security and Telecommunications Infrastructure Act 2022s. 70s. 79(2)Communications Act 2003Sch. 3A para. 119AProduct Security and Telecommunications Infrastructure Act 2022s. 72s. 79(2)Communications Act 2003s. 148A and cross-headingProduct Security and Telecommunications Infrastructure Act 2022s. 73(2)s. 79(2)Communications Act 2003s. 402(2A)(za)(zb)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 2s. 79(2)Communications Act 2003Sch. 3A para. 21(6)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(5)(b)s. 79(2)Communications Act 2003Sch. 3A para. 37(3)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(9)s. 79(2)Communications Act 2003Sch. 3A para. 84(1)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(10)s. 79(2)Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 2) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 3) Order 2004art. 2Communications Act 2003Sch. 4 para. 3(6A)(6B)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 338(2)(b)Sch. 5 Pt. 1s. 5(2)Communications Act 2003Sch. 4 para. 6(4A)(4B)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 338(3)(b)Sch. 5 Pt. 1s. 5(2)Communications Act 2003Sch. 4 para. 6(8)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 338(3)(d)Sch. 5 Pt. 1s. 5(2)Communications Act 2003s. 319(10)-(11B)Tobacco and Vapes Act 2026Sch. 16 para. 2s. 166s. 176(2)(c)Communications Act 2003s. 368F(1)(aa)(ab)Tobacco and Vapes Act 2026Sch. 16 para. 3(2)s. 166s. 176(2)(c)Communications Act 2003s. 368F(1A)(1B)Tobacco and Vapes Act 2026Sch. 16 para. 3(3)s. 166s. 176(2)(c)Communications Act 2003s. 368H(4)(ba)-(bh)Tobacco and Vapes Act 2026Sch. 16 para. 5(2)(b)s. 166s. 176(2)(c)Communications Act 2003s. 368H(15A)-(15BB)Tobacco and Vapes Act 2026Sch. 16 para. 5(3)s. 166s. 176(2)(c)Communications Act 2003Sch. 11A para. 4(ba)-(bh)Tobacco and Vapes Act 2026Sch. 16 para. 7(2)(b)s. 166s. 176(2)(c)
Part 2
Networks, services and the radio spectrumChapter 1Electronic communications networks and services<Emphasis>Electronic communications code</Emphasis>Restrictions and conditions subject to which code applies1091Where the electronic communications code is applied in any person’s case by a direction given by OFCOM, that code is to have effect in that person’s case subject to such restrictions and conditions as may be contained in regulations made by the Secretary of State.2In exercising his power to make regulations under this section it shall be the duty of the Secretary of State to have regard to each of the following—athe duties imposed on OFCOM by sections 3 and 4;bthe need to protect the environment and, in particular, to conserve the natural beauty and amenity of the countryside;cthe need to ensure that highways are not damaged or obstructed, and traffic not interfered with, to any greater extent than is reasonably necessary;dthe need to encourage the sharing of the use of electronic communications apparatus;ethe need to secure that a person in whose case the code is applied will be able to meet liabilities arising as a consequence of—ithe application of the code in his case; andiiany conduct of his in relation to the matters with which the code deals.3The power of the Secretary of State to provide by regulations for the restrictions and conditions subject to which the electronic communications code has effect includes power to provide for restrictions and conditions which are framed by reference to any one or more of the following—athe making of a determination in accordance with the regulations by a person specified in the regulations;bthe giving of an approval or consent by a person so specified; orcthe opinion of any person.4Before making any regulations under this section, the Secretary of State must consult—aOFCOM; andbsuch other persons as he considers appropriate.S. 109 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))