Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Electronic communications code

Modification and revocation of application of code
115
1
OFCOM may at any time modify the terms on which, by virtue of section 106(5), the code is applied in a person’s case.
2
OFCOM may revoke a direction applying the electronic communications code in a person’s case if an application for the revocation has been made by that person.
3
If at any time it appears to OFCOM that a person in whose case the electronic communications code has been applied is not the provider of an electronic communications network or conduit system for the purposes of which the code applies, OFCOM may revoke the direction applying the code in his case.
4
A modification or revocation under this section shall be by a further direction under section 106 to the person in whose case the electronic communications code has been applied by the direction being modified or revoked.
4A
A modification under this section may not be made unless the modification is—
a
objectively justifiable, and
b
proportionate to what it is intended to achieve.
5
The matters required by section 107(8) to be included, in the case of a direction for the purposes of this section, in the statement of OFCOM’s proposal are whichever of the following is applicable—
a
a statement of their proposal to modify terms imposed under section 106(5);
b
a statement of their proposal to revoke the direction applying the code.
S. 115(4A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 75 (with Sch. 3 para. 2)
S. 115 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)
S. 115 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))
Ss. 106-119 modified (coming into force in accordance with reg. 1 of the amending S.I.) by The Electronic Communications Code (Transitional Provisions) Regulations 2017 (S.I. 2017/1008), reg. 4