The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Electronics Communications Code (Conditions and Restrictions) Regulations 2003) (S.I 2003/2553) (as amended by the Electronics Communications Code (Conditions and Restrictions) (Amendment) Regulations 2009 (S.I. 2009/584)) “the principal Regulations”.

The electronic communications code (“the code”) is set out in Schedule 2 to the Telecommunications Act 1984. The code is designed to facilitate the installation and maintenance of electronic communications networks. It confers rights on providers of such networks, and on providers of systems of conduits which are made available for use by providers of electronic communications networks for the purposes of the provision of those networks, to install and maintain apparatus in, over and under land.

These Regulations amend the principal Regulations by introducing a more permissive regime for installation above ground of fixed-line broadband electronic communications apparatus. This new regime will apply for a limited period of five years as required by section 9 of the Growth and Infrastructure Act 2013. The Schedule to these Regulations provides as follows:

Paragraph 1 amends regulation 2(2) of the principal Regulations by adding definitions of “fixed-line broadband”, “fixed-line broadband cabinet”, “fixed-line broadband pole”, “narrowband” and “overhead fixed-line broadband line” and by making various other consequential amendments.

Paragraph 2 amends regulation 4 of the principal Regulations by extending the existing categories of lines which may be deployed overhead to include all fixed-line broadband lines. However sites and areas of special scientific interest (SSSIs), and the other protected areas referred to in regulation 8(1)(b) remain subject to the more restrictive regime for deployment of overhead lines which applied before these Regulations were made.

Paragraph 3 amends regulation 5 of the principal Regulations so as to require an electronic communications network provider (“code operator”) to notify and consult with a planning authority where he intends to install fixed-line broadband cabinets, fixed-line broadband poles and overhead fixed-line broadband lines (other than service lines).

Paragraphs 4 and 5 amend regulation 6 of the principal Regulations and insert a new regulation 6A so that in conservation areas the requirement for the code operator to obtain prior approval from the planning authority in order to install, above ground, electronic communications apparatus is replaced, only as respects specified fixed-line broadband apparatus, by a requirement to notify and consult the planning authority.

Paragraphs 6 and 7 amend regulation 7 of the principal Regulations and insert a new regulation 7A so that the requirement to obtain prior approval when installing electronic communications apparatus in proximity to a listed building is replaced, only as respects specified fixed-line broadband apparatus, by a requirement to notify and consult.

Paragraphs 8 and 9 amend regulation 8 of the principal Regulations and insert a new regulation 8A so that in protected areas (other than SSSIs, and the other protected areas referred to in regulation 8(1)(b)) the requirement to obtain prior approval is replaced, only as respects the installation of specified fixed-line broadband apparatus, by a requirement to notify and consult. Prior approval continues to be required in SSSIs and the other protected areas referred to in regulation 8(1)(b).

An impact assessment has been prepared in relation to these Regulations. With the impact assessment is published also a code of practice for the siting of cabinets and poles (agreed by planning authorities, code operators and other stakeholders) which is intended to operate alongside the instrument. The code of practice and impact assessment can be obtained on the Department for Culture, Media and Sport website: www.gov.uk.government/organisations/department-for-culture-media-sport. This instrument is published on www.legislation.gov.uk.