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Notices of Amendments:                               

171

 

, continued

 
 

Land Registration Act 2002 (c. 9)

 

5          

The Land Registration Act 2002 is amended as follows.

 

6          

In Schedule 1 (unregistered interests which override first registration) after

 

paragraph 9 insert—

 

“Rights under the electronic communications code

 

9A         

A code right within the meaning of Schedule 3A to the

 

Communications Act 2003 (the electronic communications code),

 

other than a right conferred by a lease.”

 

7          

In Schedule 3 (unregistered interests which override registered dispositions)

 

after paragraph 9 insert—

 

“Rights under the electronic communications code

 

9A         

A code right within the meaning of Schedule 3A to the

 

Communications Act 2003 (the electronic communications code),

 

other than a right conferred by a lease.”

 

Communications Act 2003 (c. 21)

 

8          

The Communications Act 2003 is amended as follows.

 

9    (1)  

Section 394 (service of notifications and other documents) is amended as

 

follows.

 

      (2)  

In subsection (2) omit paragraph (d).

 

      (3)  

After subsection (10) insert—

 

“(11)    

In its application to Schedule 3A this section is subject to paragraph

 

88 of that Schedule.”

 

10  (1)  

Section 402 (power of Secretary of State to make orders and regulations) is

 

amended as follows.

 

      (2)  

In subsection (2) after paragraph (a) insert—

 

“(aa)    

regulations under paragraph 24 of Schedule 3A,

 

(ab)    

regulations under paragraph 92 of that Schedule which

 

amend, repeal or modify the application of primary

 

legislation,”.

 

      (3)  

After subsection (2) insert—

 

“(2A)    

A statutory instrument containing (whether alone or with other

 

provisions)—

 

(a)    

regulations under paragraph 24 of Schedule 3A, or

 

(b)    

regulations under paragraph 92 of that Schedule which

 

amend, repeal or modify the application of primary

 

legislation,

 

    

may not be made unless a draft of the instrument has been laid before

 

and approved by a resolution of each House of Parliament.”

 

      (4)  

After subsection (3) insert—

 

“(4)    

In this section “primary legislation” means—

 

(a)    

an Act of Parliament,

 

(b)    

a Measure or Act of the National Assembly for Wales,

 

(c)    

an Act of the Scottish Parliament, or

 

(d)    

Northern Ireland legislation.”


 
 

Notices of Amendments:                               

172

 

, continued

 
 

Consequential repeals

 

11         

In consequence of the amendments made by section (The electronic

 

communications code) and this Schedule, Schedule 3 to the Communications

 

Act 2003 is repealed.””

 

Member’s explanatory statement

 

This amendment makes amendments which are consequential on the introduction of the electronic

 

communications code.

 

Mr John Hayes

 

Clause  46,  page  52,  line  31,  leave out “or”

 

Member’s explanatory statement

 

This amendment and amendment 72 make provision about the procedure applying to the powers

 

to make amendments in secondary legislation conferred by amendment NC19.

 

Mr John Hayes

 

Clause  46,  page  52,  line  33,  at end insert “or

 

( )    

regulations under section (The electronic communications code) which

 

amend, repeal or modify the application of primary legislation within the

 

meaning of that section,”

 

Member’s explanatory statement

 

The explanatory statement for amendment 71 also applies to this amendment.

 

Mr John Hayes

 

Clause  47,  page  53,  line  35,  at end insert—

 

“( )    

Part 5B (the electronic communications code) extends to England and Wales,

 

Scotland and Northern Ireland, save that an amendment or repeal made by that

 

Part has the same extent as the provision to which it relates.

 

( )    

The power in section 411(6) of the Communications Act 2003 (power to extend

 

provisions of Act to Channel Islands and Isle of Man) is exercisable in relation to

 

the amendments of that Act made by or under Part 5B.”

 

Member’s explanatory statement

 

This amendment and amendments 74, 75 and 76 make consequential amendments on extent and

 

commencement and to the long title to allow for the introduction of the electronic communications

 

code. The reference to Part 5B is to a new Part expected to be formed by amendments NC19, NS2

 

and NS3.

 

Mr John Hayes

 

Clause  48,  page  54,  line  29,  at end insert—

 

“(6B)    

Part 5B (the electronic communications code) comes into force on such day as the

 

Secretary of State appoints by regulations.”

 

Member’s explanatory statement

 

The explanatory statement for amendment 73 also applies to this amendment.

 

Mr John Hayes

 

Clause  48,  page  54,  line  31,  leave out “or (6)(c)” and insert “, (6)(c) or (6B)”

 

Member’s explanatory statement

 

The explanatory statement for amendment 73 also applies to this amendment.


 
 

Notices of Amendments:                               

173

 

, continued

 
 

Mr John Hayes

 

Title,  line  15,  after “incentives;” insert “to make provision about the electronic

 

communications code;”

 

Member’s explanatory statement

 

The explanatory statement for amendment 73 also applies to this amendment.

 

Mr John Hayes

 

Clause  46,  page  52,  line  32,  after “section 17” insert “(1)(a)”

 

Member’s explanatory statement

 

This amendment provides that the negative procedure applies to regulations under clause 17(1)(b)

 

where transitional or transitory provision or savings which modify the application of an Act are

 

made in respect of Part 1.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 8 January 2015

 

New Clause 16

 


 
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