Digital Economy Bill (HC Bill 87)

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(2) Subject to sub-paragraph (3), the existing code continues to apply in relation
to the application.

(3) An order made under the existing code by virtue of sub-paragraph (2) has
effect as an order under paragraph 19 of the new code.

5Temporary code rights

13 (1) The coming into force of the new code does not affect any order made under
paragraph 6 of the existing code.

(2) An application under that paragraph that is pending in relation to
proceedings under paragraph 5 of that code when a notice under paragraph
1013(4) takes effect in relation to the proceedings has effect as an application
under paragraph 26 of the new code.

Compensation

14 The repeal of the existing code does not affect paragraph 16 of that code, or
any other right to compensation, as it applies in relation to the exercise of a
15right before the new code comes into force.

Objections in relation to apparatus

15 The repeal of the existing code does not affect paragraphs 17 and 18 of that
code as they apply in relation to anything whose installation was completed
before the repeal comes into force.

16 (1) 20Subject to the following provisions of this paragraph, the repeal of the
existing code does not affect paragraph 20 of that code as it applies in
relation to anything whose installation was completed before the repeal
comes into force.

(2) A right under paragraph 20 is not by virtue of sub-paragraph (1) exercisable
25in relation to any apparatus by a person who is a party to, or is bound by, an
agreement under the new code in relation to the apparatus.

(3) A subsisting agreement is not an agreement under the new code for the
purposes of sub-paragraph (2).

17 Part 12 of the new code does not apply in relation to apparatus whose
30installation was completed before the new code came into force.

Tree lopping

18 (1) This paragraph applies where—

(a) before the time when the new code comes into force, a notice has
been given under paragraph 19 of the existing code, and

(b) 35at that time no application has been made to the court in relation to
the notice.

(2) The notice and any counter-notice under that paragraph have effect as if
given under paragraph 78 of the new code.

19 (1) This paragraph applies where before the time when the new code comes into
40force—

(a) a notice has been given under paragraph 19 of the existing code, and

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(b) an application has been made to the Court in relation to the notice.

(2) The existing code continues to apply in relation to the application.

Right to require removal of apparatus

20 (1) This paragraph applies where before the repeal of the existing code comes
5into force a person has given notice under paragraph 21(2) of that code
requiring the removal of apparatus.

(2) The repeal does not affect the operation of paragraph 21 in relation to
anything done or that may be done under that paragraph following the
giving of the notice.

(3) 10For the purposes of applying that paragraph after the repeal comes into
force, steps specified in a counter-notice under sub-paragraph (4)(b) of that
paragraph as steps which the operator proposes to take under the existing
code are to be read as including any corresponding steps that the operator
could take under the new code or by virtue of this Schedule.

15Undertaker’s works

21 The repeal of the existing code does not affect the operation of paragraph 23
of that code in relation to works—

(a) in relation to which a notice has been given under that paragraph
before the time when that repeal comes into force, or

(b) 20which have otherwise been commenced before that time.

Supplementary

22 Any agreement which, immediately before the repeal of the existing code, is
a relevant agreement for the purposes of paragraph 29 of that code is to be
treated in relation to times after the coming into force of that repeal as a
25relevant agreement for the purposes of paragraph 17 of the new code.

23 Part 15 of the new code applies in relation to notices under this Schedule as
it applies in relation to notices under that code.

24 Paragraphs 24 to 27 of the existing code continue to have effect in relation to
any provision of that code so far as the provision has effect by virtue of this
30Schedule.

25 A person entitled to compensation by virtue of this Schedule is not entitled
to compensation in respect of the same matter under any provision of the
new code.

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Section 4

SCHEDULE 3 Electronic communications code: consequential amendments

Part 1 General provision

5Interpretation

1 In this Part—

  • “the commencement date” means the day on which Schedule 3A to the
    Communications Act 2003 comes into force;

  • “enactment” includes—

    (a)

    10an enactment comprised in subordinate legislation within the
    meaning of the Interpretation Act 1978,

    (b)

    an enactment comprised in, or in an instrument made under,
    a Measure or Act of the National Assembly for Wales,

    (c)

    an enactment comprised in, or in an instrument made under,
    15an Act of the Scottish Parliament, and

    (d)

    an enactment comprised in, or in an instrument made under,
    Northern Ireland legislation;

  • “the existing code” means Schedule 2 to the Telecommunications Act
    1984;

  • 20“the new code” means Schedule 3A to the Communications Act 2003.

References to the code or provisions of the code

2 (1) In any enactment passed or made before the commencement date, unless the
context requires otherwise—

(a) a reference to the existing code is to be read as a reference to the new
25code;

(b) a reference to a provision of the existing code listed in column 1 of
the table is to be read as a reference to the provision of the new code
in the corresponding entry in column 2.

(2) This paragraph does not affect the amendments made by Part 2 of this
30Schedule or the power to make amendments by regulations under section 6.

(3) This paragraph does not affect section 17(2) of the Interpretation Act 1978
(effect of repeal and re-enactment) in relation to any reference to a provision
of the existing code not listed in the table.

Existing code New code
Paragraph 9 35Part 8
Paragraph 21 Part 6
Paragraph 23 Part 10
Paragraph 29 Paragraph 17

References to a conduit system

3 40In any enactment passed or made before the commencement date, unless the
context requires otherwise—

(a) a reference to a conduit system, where it is defined by reference to
the existing code, is to be read as a reference to an infrastructure
system as defined by paragraph 7(1) of the new code, and;

(b) 45a reference to provision of such a system is to be read in accordance
with paragraph 7(2) of the new code (reference to provision includes
establishing or maintaining).

Part 2 Amendments of particular enactments

50Landlord and Tenant Act 1954 (c. 56)Landlord and Tenant Act 1954 (c. 56)

4 In section 43 of the Landlord and Tenant Act 1954 (tenancies to which
provisions on security of tenure for business etc tenants do not apply) after
subsection (3) insert—

(4) This Part does not apply to a tenancy—

(a) 55the primary purpose of which is to grant code rights within
the meaning of Schedule 3A to the Communications Act 2003
(the electronic communications code), and

(b) which is granted after that Schedule comes into force.””

Opencast Coal Act 1958 (c. 69)1958 (c. 69)

5 (1) 60Section 45 of the Opencast Coal Act 1958 (provisions as to telegraphic lines)
is amended as follows.

(2) In subsection (2) for “paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (the
electronic communications code)”.

(3) 65In section (4) for “Paragraph 1(2) of the electronic communications code”
substitute “Paragraph 103(2) of the electronic communications code”.

Land Drainage (Scotland) Act 1958 (c. 24)1958 (c. 24)

6 In section 17 of the Land Drainage Act (Scotland) Act 1958 (application of
paragraph 23 of the code) for “Paragraph 23 of the electronic
70communications code” substitute “Part 10 of Schedule 3A to the
Communications Act 2003 (the electronic communications code)”.

Pipe-lines Act 1962 (c. 58)1962 (c. 58)

7 In section 40(2) of the Pipe-lines Act 1962 (avoidance of interference with
lines) for “Paragraph 23 of the electronic communications code” substitute
75“Part 10 of Schedule 3A to the Communications Act 2003 (the electronic
communications code)”.

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Harbours Act 1964 (c. 40)1964 (c. 40)

8 In section 53 of the Harbours Act 1964 (application of paragraph 23 of the
code) for “Paragraph 23 of the electronic communications code” substitute
“Part 10 of Schedule 3A to the Communications Act 2003 (the electronic
5communications code)”.

Fair Trading Act 1973 (c. 41)1973 (c. 41)

9 In section 137(3)(f) of the Fair Trading Act 1973 (general interpretation:
services covered) for “paragraph 29 of Schedule 2 to the
Telecommunications Act 1984” substitute “paragraph 17 of Schedule 3A to
10the Communications Act 2003 (the electronic communications code)”.

Highways Act 1980 (c. 66)1980 (c. 66)

10 The Highways Act 1980 is amended as follows.

11 In section 177(12) (restriction of construction over highways: application of
paragraph 23 of code) for “paragraph 23 of the electronic communications
15code” substitute “Part 10 of Schedule 3A to the Communications Act 2003
(the electronic communications code)”.

12 (1) Section 334 (savings relating to electronic communications apparatus) is
amended as follows.

(2) In subsection (8) for “Paragraph 23 of the electronic communications code”
20substitute “Part 10 of Schedule 3A to the Communications Act 2003 (the
electronic communications code)”.

(3) In subsection (9) for “the said paragraph 23” substitute “Part 10 of the
electronic communications code”.

(4) In subsection (11)—

(a) 25for “Sub-paragraph (8) of paragraph 23” substitute “Paragraph 68”;

(b) for “that paragraph” substitute “Part 10 of the code”.

(5) In subsection (12) for “1(2)” “substitute “103(2)”.

(6) In subsection (13) for “Paragraph 21 of the electronic communications code
(restriction on removal of electronic communications apparatus)” substitute
30“Part 6 of the electronic communications code (rights to require removal of
electronic communications apparatus)”.

Roads (Scotland) Act 1984 (c. 54)1984 (c. 54)

13 The Roads (Scotland) Act 1984 is amended as follows.

14 (1) Section 50 (planting of trees etc by roads authority) is amended as follows.

(2) 35In subsection (3) for “Paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (the
electronic communications code)”.

(3) In subsection (4)—

(a) for “sub-paragraph (8) of paragraph 23” substitute “Paragraph 68”

(b) 40for “that paragraph” substitute “Part 10 of the code”.

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15 (1) Section 75 (bridges over and tunnels under navigable waterways) is
amended as follows.

(2) In subsection (9) for “Paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (the
5electronic communications code)”.

(3) In subsection (10)—

(a) for “sub-paragraph (8) of paragraph 23” substitute “paragraph 68”

(b) for “that paragraph” substitute “Part 10 of the code”.

16 (1) Section 132 (saving for operators of telecommunications code systems) is
10amended as follows.

(2) In the heading for “telecommunications code systems” substitute “electronic
communications code networks”.

(3) In subsection (4) for “paragraph 1(2) of the electronic communications code”
substitute “paragraph 103(2) of Schedule 3A to the Communications Act
152003 (the electronic communications code)”.

(4) In subsection (5) for “Paragraph 21 of the electronic communications code
(restriction on removal of electronic communications apparatus)” substitute
“Part 6 of the electronic communications code (rights to require removal of
electronic communications apparatus)”.

20Housing Act 1985 (c. 68)1985 (c. 68)

17 Section 298 of the Housing Act 1985 (telecommunications apparatus) is
amended as follows.

18 For the heading substitute “Electronic communications apparatus”.

19 In subsection (2) for “paragraph 21 of the electronic communications code”
25substitute “Part 6 of Schedule 3A to the Communications Act 2003 (the
electronic communications code)”.

20 In subsection (3) for “paragraph 23” substitute “Part 10”.

Food and Environment Protection Act 1985 (c. 48)1985 (c. 48)

21 The Food and Environment Protection Act 1985 is amended as follows.

22 30In section 8A (electronic communications apparatus: operations in tidal
waters etc) for the words from “paragraph 11” to “1984” substitute “Part 9 of
Schedule 3A of the Communications Act 2003 (the electronic
communications code)”.

23 In section 9(8) (defence to operating without licence under Part 2)—

(a) 35for “paragraph 23 of the electronic communications code” substitute
“Part 10 of Schedule 3A of the Communications Act 2003 (the
electronic communications code)”;

(b) omit the words from “In this subsection” to the end.

Airports Act 1986 (c. 31)1986 (c. 31)

24 40The Airports Act 1986 is amended as follows.

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25 (1) Section 62 (electronic communications apparatus) is amended as follows.

(2) In subsection (1) for “Paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A of the Communications Act 2003 (the
electronic communications code)”.

(3) 5In subsection (4) for “Paragraph 23” substitute “Part 10”.

(4) In subsection (5)—

(a) for “Sub-paragraph (8) of paragraph 23” substitute “Paragraph 68”;

(b) for “that paragraph” substitute “Part 10 of the code”.

(5) In subsection (6) for “1(2)” substitute “103(2)”

(6) 10In subsection (7) for “Paragraph 21 of the electronic communications code
(restriction on removal of apparatus)” substitute “Part 6 of the electronic
communications code (rights to require removal of apparatus)”.

Landlord and Tenant Act 1987 (c. 31)Landlord and Tenant Act 1987 (c. 31)

26 In section 4(2) of the Landlord and Tenant Act 1987 (disposals which are not
15relevant disposals for purposes of tenants’ right of first refusal) after
paragraph (da) insert—

(db) the conferral of a code right under Schedule 3A to the
Communications Act 2003 (the electronic communications
code);”.

20Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)1989 (c. 22)

27 In paragraph 4 of Schedule 4 to the Road Traffic (Driver Licensing and
Information Systems) Act 1989 (application of paragraph 23 of code to
licence holders) for “Paragraph 23 of Schedule 2 to the Telecommunications
Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act
252003 (the electronic communications code)”.

Electricity Act 1989 (c. 29)1989 (c. 29)

28 In paragraph 1(6) of Schedule 16 to the Electricity Act 1989 (application of
paragraph 23) for “Paragraph 23 of Schedule 2 to the Telecommunications
Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act
302003 (the electronic communications code)”.

Town and Country Planning Act 1990 (c. 8)1990 (c. 8)

29 (1) Section 256 of the Town and Country Planning Act 1990 (electronic
communications apparatus: orders by the Secretary of State) is amended as
follows.

(2) 35In subsection (5) for “Paragraph 1(2) of the electronic communications code”
substitute “Paragraph 103(2) of Schedule 3A to the Communications Act
2003 (the electronic communications code)”.

(3) In subsection (6) for “Paragraph 21 of the electronic communications code
(restriction on removal of electronic communications apparatus)” substitute
40“Part 6 of the electronic communications code (rights to require removal of
electronic communications apparatus)”.

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Water Industry Act 1991 (c. 56)1991 (c. 56)

30 In paragraph 4 of Schedule 13 to the Water Industry Act 1991—

(a) for “paragraph 23” substitute “Part 10”;

(b) for “Schedule 2 to the Telecommunications Act 1984” substitute
5“Schedule 3A to the Communications Act 2003”;

(c) in the heading, for “telecommunication systems” substitute
“electronic communications networks”.

Water Resources Act 1991 (c. 57)1991 (c. 57)

31 In Schedule 22 to the Water Resources Act 1991 (protection of particular
10undertakings)—

(a) in paragraph 5 for “Paragraph 23 of Schedule 2 to the
Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to
the Communications Act 2003 (the electronic communications
code)”;

(b) 15for the italic heading before paragraph 5 substitute “Protection for
electronic communications networks”.

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231S.I. 1992/231)

32 In paragraph 3(2) of Schedule 4 to the Electricity (Northern Ireland) Order
1992 (application of paragraph 23) for “paragraph 23 of the electronic
20communications code” substitute “Part 10 of Schedule 3A to the
Communications Act 2003 (the electronic communications code)”.

Cardiff Bay Barrage Act 1993 (c. 42)1993 (c. 42)

33 In paragraph 16 of Schedule 2 to the Cardiff Bay Barrage Act 1993
(application of paragraph 23) for “Paragraph 23 of Schedule 2 to the
25Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the
Communications Act 2003 (the electronic communications code)”.

Roads (Northern Ireland) Order 1993 (S.I. 1993/3160S.I. 1993/3160)

34 (1) Schedule 9 to the Roads (Northern Ireland) Order 1993 (saving provisions)
is amended as follows.

(2) 30In paragraph 2(2) for “Paragraph 1(2) of the electronic communications
code” substitute “Paragraph 103(2) of Schedule 3A to the Communications
Act 2003 (the electronic communications code)”.

(3) In paragraph 2(3) for “Paragraph 21 of the electronic communications code
(restrictions on removal of apparatus)” substitute “Part 6 of the electronic
35communications code (rights to require removal of apparatus)”.

(4) In paragraph 3 for “Paragraph 23” substitute “Part 10”.

Airports (Northern Ireland) Order 1994 (S.I. 1994/426S.I. 1994/426)

35 (1) Article 12 of the Airports (Northern Ireland) Order 1994 (provisions as to
electronic communications apparatus) is amended as follows.

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(2) In paragraph (1) for “Paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (the
electronic communications code)”.

(3) In paragraph (3A) for “Paragraph 23” substitute “Part 10”.

(4) 5In paragraph (4)—

(a) for “Sub-paragraph (8) of paragraph 23” substitute “Paragraph 68”;

(b) for “that paragraph” substitute “Part 10 of the code”.

(5) In paragraph (5) for “1(2)” substitute “103(2)”.

(6) In paragraph (6) for “Paragraph 21 of the electronic communications code
10(restriction on removal of apparatus)” substitute “Part 6 of the electronic
communications code (rights to require removal of apparatus)”.

(7) Omit paragraph (7).

Landlord and Tenant (Covenants) Act 1995 (c. 30)Landlord and Tenant (Covenants) Act 1995 (c. 30)

36 In section 5 of the Landlord and Tenant (Covenants) Act 1995 (tenant
15released from covenants on assignment of tenancy), after subsection (4)
insert—

(5) This section is subject to paragraph 15(4) of Schedule 3A to the
Communications Act 2003 (which places conditions on the release of
an operator from liability under an agreement granting code rights
20under the electronic communications code).”

Gas Act 1995 (c. 45)1995 (c. 45)

37 In paragraph 2(7) of Schedule 4 to the Gas Act 1995 (application of
paragraph 23 to public gas transporters) for “Paragraph 23 of Schedule 2 to
the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the
25Communications Act 2003 (the electronic communications code)”.

Channel Tunnel Rail Link Act 1996 (c. 61)1996 (c. 61)

38 (1) Part 4 of Schedule 15 to the Channel Tunnel Rail Link Act 1996 (protection
of telecommunications operators) is amended as follows.

(2) For the heading substitute “Protection of electronic communications code
30operators”.

(3) In paragraph 2(1) for “Paragraph 21 of the electronic communications code”
substitute “Part 6 of Schedule 3A to the Communications Act 2003 (the
electronic communications code)”.

(4) In paragraph 2(2) for “Paragraph 23” substitute “Part 10”.

(5) 35In paragraph 3 for “paragraph 9” substitute “Part 8”.

(6) In paragraph 4(1) for “paragraph 23” substitute “Part 10”.

Gas (Northern Ireland) Order 1996 (S.I. 1996/275S.I. 1996/275)

39 (1) Schedule 3 to the Gas (Northern Ireland) Order 1996 (other powers etc of
licence holders) is amended as follows.

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(2) In paragraph 1(1) omit the following definitions—

(a) “public telecommunications operator”;

(b) “telecommunication apparatus” and “electronic communications
network”;

(c) 5“telecommunications code”.

(3) In paragraph 3(2) for “paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (the
electronic communications code)”.

Business Tenancies (Northern Ireland) Order 1996 (SI 1996/725 (NI 5)SI 1996/725 (NI 5))

40 10In Article 4(1) of the Business Tenancies (Northern Ireland) Order 1996
(tenancies to which the Order does not apply) after paragraph (k) insert—

(l) a tenancy the primary purpose of which is to grant code
rights within the meaning of Schedule 3A to the
Communications Act 2003 (the electronic communications
15code), where the tenancy is granted after that Schedule comes
into force.”

Town and Country Planning (Scotland) Act 1997 (c. 8)1997 (c. 8)

41 (1) Section 212 of the Town and Country Planning (Scotland) Act 1997
(electronic communications apparatus) is amended as follows.

(2) 20In subsection (7) for “Paragraph 1(2) of the electronic communications code”
substitute “Paragraph 103(2) of Schedule 3A to the Communications Act
2003 (the electronic communications code)”.

(3) In subsection (8) for “Paragraph 21 of the electronic communications code
(restriction on removal of electronic communications apparatus)” substitute
25“Part 6 of the electronic communications code (rights to require removal of
apparatus)”.

Enterprise Act 2002 (c. 40)2002 (c. 40)

42 The Enterprise Act 2002 is amended as follows.

43 In section 128(5) (mergers: references to supply of services) for the words
30from “(within” to the end substitute “(within the meaning of paragraph 17
of Schedule 3A to the Communications Act 2003 (the electronic
communications code)) for sharing the use of electronic communications
apparatus.”

44 In section 234(5) (enforcement of consumer legislation: references to supply
35of services) for the words from “(within” to the end substitute “(within the
meaning of paragraph 17 of Schedule 3A to the Communications Act 2003
(the electronic communications code)) for sharing the use of electronic
communications apparatus.”

Communications Act 2003 (c. 21)Communications Act 2003 (c. 21)

45 40The Communications Act 2003 is amended as follows.

46 (1) Section 394 (service of notifications and other documents) is amended as
follows.

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(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
91 of that Schedule.”

47 (1) 5Section 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 95 of Schedule 3A which
amend, repeal or modify the application of primary
10legislation,”.

(3) After subsection (2) insert—

(2A) A statutory instrument containing (whether alone or with other
provisions) regulations under paragraph 95 of Schedule 3A which
amend, repeal or modify the application of primary legislation, may
15not 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) 20a Measure or Act of the National Assembly for Wales,

(c) an Act of the Scottish Parliament, or

(d) Northern Ireland legislation.”

48 Schedule 3 is repealed.

Land Reform (Scotland) Act 2003 (asp 2)2003 (asp 2)

49 (1) 25Schedule 1 to the Land Reform (Scotland) Act 2003 (path orders) is amended
as follows.

(2) In paragraph 12 for “Paragraph 1(2) of the electronic communications code”
substitute “Paragraph 103(2) of Schedule 3A to the Communications Act
2003 (the electronic communications code)”.

(3) 30In paragraph 13 for “Paragraph 21 of that code (restriction on removal of
apparatus)” substitute “Part 6 of the electronic communications code (rights
to require removal of apparatus)”.

Housing and Regeneration Act 2008 (c. 17)2008 (c. 17)

50 The Housing and Regeneration Act 2008 is amended as follows.

51 35In section 2(3) (objects of the Homes and Communities Agency:
interpretation) in paragraph (a) of the definition of “infrastructure” for
“telecommunications” substitute “electronic communications”.

52 In section 57(1) (interpretation of Part 1) omit the definition of “conduit
system” and insert in the appropriate place—

  • 40““infrastructure system” has the meaning given by paragraph
    7(1) of Schedule 3A to the Communications Act 2003 (the

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    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),”.

53 5In the table in section 58 (index of defined expressions in Part 1) omit the
entry for “conduit system (and providing such a system)” and insert in the
appropriate place—

“Infrastructure system (and providing such a
system)
Section 57(1)”.

10Crossrail Act 2008 (c. 18)2008 (c. 18)

54 (1) Part 4 of Schedule 17 to the Crossrail Act 2008 (protective provisions) is
amended as follows.

(2) In paragraph 1(2) for the definition of “electronic communications code”
substitute—

  • 15““electronic communications code” means the code set out in
    Schedule 3A to the Communications Act 2003;”.

(3) In paragraph 2(1) for “paragraph 23” substitute “Part 10”.

(4) In paragraph 2(2) for “Paragraphs 21 and 23” substitute “Parts 6 and 10”.

(5) In paragraph 3 for “paragraph 9” substitute “Part 8”.

(6) 20In paragraph 4(1) for “paragraph 23” substitute “Part 10”.

Marine (Scotland) Act 2010 (asp 5)2010 (asp 5)

55 The Marine (Scotland) Act 2010 is amended as follows.

56 In section 36(1) (electronic communications apparatus) for the words from
“paragraph 11” to “apparatus)” substitute “Part 9 of Schedule 3A to the
25Communications Act 2003 (the electronic communications code) (works in
connection with electronic communications apparatus).

57 (1) Section 41 (defence to offences: electronic communications: emergency
works) is amended as follows.

(2) In subsection (1) for “paragraph 23 of the electronic communications code”
30substitute “Part 10 of Schedule 3A to the Communications Act 2003 (the
electronic communications code)”.

(3) Omit subsection (2).

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Section 84

SCHEDULE 4 Bank of England oversight of payment systems

Part 1 Extension of Bank of England oversight of payment systems

1 5The Banking Act 2009 is amended as follows.

2 In the heading to Part 5 (inter-bank payment systems) omit “Inter-bank”.

3 In section 181 (overview) for “payments between financial institutions”
substitute “transferring money”.

4 (1) Section 182 (interpretation: “inter-bank payment system”) is amended as
10follows.

(2) In subsection (1)—

(a) omit “inter-bank”;

(b) omit the words from “between financial institutions” to the end.

(3) After subsection (1) insert—

(1A) 15But “payment system” does not include any arrangements for the
physical movement of cash.”

(4) Omit subsections (2) and (3).

(5) In subsection (5) for “an inter-bank” substitute “a”.

(6) In the heading omit “inter-bank”.

5 20In section 183 (interpretation: other expressions), in paragraph (a) for “an
inter-bank” substitute “a”.

6 (1) Section 184 (recognition order) is amended as follows.

(2) In subsection (1) for “an inter-bank” substitute “a”.

(3) In subsection (2) omit “inter-bank”.

(4) 25In subsection (3) for “an inter-bank” substitute “a payment”.

7 In section 185 (recognition criteria), in subsection (1) for “an inter-bank”
substitute “a”.

8 In section 186A (amendment of recognition order), in subsections (2)(b) and
(4), omit “inter-bank”.

9 30In section 187 (de-recognition), in subsections (2), (3)(b) and (5), omit “inter-
bank”.

10 In section 188 (principles), in subsection (1) omit “inter-bank”.

11 In section 189 (codes of practice) omit “inter-bank”.

12 In section 190 (system rules), in subsection (1) omit “inter-bank”.

13 35In section 191 (directions), in subsection (1) omit “inter-bank”.

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14 In section 192 (role of FCA and PRA), in subsections (2)(a) and (b) and (3),
omit “inter-bank”.

15 In section 193 (inspection), in subsections (1) and (2), omit “inter-bank”.

16 In section 194 (inspection: warrant), in subsection (1)(a) omit “inter-bank”.

17 5In section 195 (independent report), in subsection (1) omit “inter-bank”.

18 In section 196 (compliance failure) omit “inter-bank”.

19 In section 197 (publication), in subsection (1) omit “inter-bank”.

20 In section 198 (penalty), in subsection (1) omit “inter-bank”.

21 In section 199 (closure), in subsection (2) omit “inter-bank”.

22 10In section 200 (management disqualification), in subsections (1) and (2), omit
“inter-bank”.

23 In section 201 (warning), in subsection (1) for “an inter-bank” substitute “a”.

24 In section 202A (injunctions), in subsections (2)(a) and (3)(a), omit “inter-
bank”.

25 15In section 203 (fees), in subsection (1) omit “inter-bank”.

26 In section 204 (information), in subsections (1A), (2) and (4)(c), omit “inter-
bank”.

27 In section 205 (pretending to be recognised), in subsection (1) omit “inter-
bank”.

28 20In section 206A (services forming part of recognised inter-bank payment
system), in subsections (1), (2) and (7)(a) and in the heading, omit “inter-
bank”.

29 In section 259 (statutory instruments), in the Table in subsection (3)—

(a) in the heading for the entries in Part 5, omit “Inter-bank”;

(b) 25in the entry for section 206A, in the second column omit “inter-bank”.

30 In section 261 (index of defined terms), in the Table—

(a) omit the entry for “Inter-bank payment system”;

(b) at the appropriate place insert—

“Payment system 182”

30Part 2 Consequential amendments

Financial Services Act 2012

31 The Financial Services Act 2012 is amended as follows.

32 (1) Section 68 (cases in which Treasury may arrange independent enquiries) is
35amended as follows.

(2) In subsection (3), in paragraphs (a) and (b)(ii), omit “inter-bank”.

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(3) In subsection (5), in the definition of “recognised inter-bank payment
system”—

(a) omit the first “inter-bank”;

(b) for “an inter-bank” substitute “a”.

33 5In section 85 (relevant functions in relation to complaints scheme), in
subsection (3)(a) omit “inter-bank”.

34 In section 110 (payment to Treasury of penalties received by Bank of
England), in subsection (5)(d) omit “inter-bank”.

Financial Services (Banking Reform) Act 2013

35 10The Financial Services (Banking Reform) Act 2013 is amended as follows.

36 In section 45 (procedure), in subsection (1)(a) omit “inter-bank”.

37 In section 46 (amendment of designation order), in subsection (2)(a) omit
“inter-bank”.

38 In section 47 (revocation of designation orders), in subsection (3)(a) omit
15“inter-bank”.

39 In section 98 (duty of regulators to ensure co-ordinated exercise of
functions), in subsection (5)(b) omit “inter-bank”.

40 In section 110 (interpretation), in subsection (1), in the definition of
“recognised inter-bank payment system”—

(a) 20omit the first “inter-bank”;

(b) for “an inter-bank” substitute “a”.

41 In section 112 (interpretation: infrastructure companies), in subsections
(2)(a), (4)(b) and (5), omit “inter-bank”.

42 In section 113 (interpretation: other expressions), in subsection (1)—

(a) 25in the definition of “operator” omit “inter-bank”;

(b) in the definition of “recognised inter-bank payment system”—

(i) omit the first “inter-bank”;

(ii) for “an inter-bank” substitute “a”;

(c) in the definition of “the relevant system”, in paragraphs (a) and (c),
30omit “inter-bank”.

43 In section 115 (objective of FMI administration), in subsection (1) omit “inter-
bank”.

44 In section 120 (power to direct FMI administrator), in subsection (8) omit
“inter-bank”.

45 35In section 127 (interpretation of Part 6), in subsection (1), in the definition of
“operator” and in the definition of “recognised inter-bank payment system”,
omit “inter-bank”.