Part 1

The Homes and Communities Agency
Chapter 5

Supplementary

Other

Interpretation: Part 1
57
1
In this Part—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “develop” (and development), in relation to land or infrastructure, includes redevelop (and redevelopment),
- “electronic communications apparatus” has the same meaning as in the electronic communications code,
- “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003 (c. 21),
- “electronic communications code network” means—
  1. so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Act of 2003 (application of the electronic communications code), and
  2. an electronic communications network which the Secretary of State is providing or proposing to provide,
- “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the Act of 2003,
- “electronic communications network” has the same meaning as in the Act of 2003,
- “enactment” includes subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),
- “financial year” means—
  1. the period beginning with the day on which the HCA is established and ending with the next 31 March, and
  2. each subsequent period of 12 months ending with 31 March,
- “improve”, in relation to housing and other land, includes refurbish, equip and fit out,
- “
infrastructure system
” has the meaning given by paragraph 7(1) of Schedule 3A to the Communications Act 2003 (the electronic communications code), and a reference to providing such a system is to be read in accordance with paragraph 7(2) of the code (reference to provision includes establishing or maintaining),
- “modifications” includes omissions,
- “notice” means notice in writing,
- “operator”, in relation to an electronic communications code network means—
  1. the electronic communications code operator providing that network, or
  2. the Secretary of State, so far as the Secretary of State is providing or proposing to provide that network,
- “provide” and related expressions, in relation to an electronic communications network, are to be read in accordance with section 32(4) of the Communications Act 2003 (c. 21).
2
References in this Part to powers of the HCA do not include references to powers contained in duties imposed on the HCA.
S. 57 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 2(1)
S. 57 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 2(1)(x) (with arts. 6-13)
S. 57 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)
Words in s. 57(1) omitted (28.12.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 52; S.I. 2017/1286, reg. 2(d)
Words in s. 57(1) inserted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 52; S.I. 2017/1286, reg. 2(d)