Explanatory Notes

Legal background

7 The Electronic Communications Code ("the Code") is contained in Schedule 3A to the Communications Act 2003 ("the 2003 Act"), as inserted by the Digital Economy Act 2017 ("the 2017 Act"). The Code was previously found in the Telecommunications Act 1984 (see Schedule 2 to that Act). The 2017 Act replaces that code with a new code (see Schedule 1 to the 2017 Act), which was inserted into the 2003 Act (as Schedule 3A to that Act).

8 The Electronic Communications Code (Jurisdiction) Regulations 2017 ("the 2017 Regulations") confer jurisdiction on the Upper Tribunal and First-tier Tribunal in respect of England and Wales, and on the Lands Tribunal for Scotland in respect of Scotland. References to "the court" or "a court" in these Notes are to be taken to refer to those tribunals and courts unless specified otherwise. The 2017 Regulations do not extend to Northern Ireland. Accordingly, all functions conferred by the code on a court in Northern Ireland remain exercisable in Northern Ireland only by a county court. References to "the court" or "a court" in these Notes are therefore to be construed accordingly as regards Northern Ireland.


Prepared 7th January 2020