Digital Economy Bill (HL Bill 80)

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(2) In subsection (8) 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 (9) for “the said paragraph 23” substitute “Part 10 of the
5electronic communications code”.

(4) In subsection (11)—

(a) for “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) 10In subsection (13) 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)”.

Roads (Scotland) Act 1984 (c. 54)

13 15The Roads (Scotland) Act 1984 is amended as follows.

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

(2) In 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) 20In subsection (4)—

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

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

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

(2) 25In subsection (9) 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 (10)—

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

(b) 30for “that paragraph” substitute “Part 10 of the code”.

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

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

(3) 35In subsection (4) 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)”.

(4) In subsection (5) 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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Housing Act 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 5In subsection (2) for “paragraph 21 of the electronic communications code”
substitute “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)

21 10The Food and Environment Protection Act 1985 is amended as follows.

22 In 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 15In section 9(8) (defence to operating without licence under Part 2)—

(a) for “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.

20Airports Act 1986 (c. 31)

24 The Airports Act 1986 is amended as follows.

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
25electronic communications code)”.

(3) In 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) 30In subsection (6) for “1(2)” substitute “103(2)”

(6) In 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)

26 35In section 4(2) of the Landlord and Tenant Act 1987 (disposals which are not
relevant 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
40code);”.

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Road Traffic (Driver Licensing and Information Systems) Act 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
5Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act
2003 (the electronic communications code)”.

Electricity Act 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
10Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act
2003 (the electronic communications code)”.

Town and Country Planning Act 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
15follows.

(2) In 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
20(restriction on removal of electronic communications apparatus)” substitute
“Part 6 of the electronic communications code (rights to require removal of
electronic communications apparatus)”.

Water Industry Act 1991 (c. 56)

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

(a) 25for “paragraph 23” substitute “Part 10”;

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

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

30Water Resources Act 1991 (c. 57)

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

(a) in paragraph 5 for “Paragraph 23 of Schedule 2 to the
Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to
35the Communications Act 2003 (the electronic communications
code)”;

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

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

32 40In paragraph 3(2) of Schedule 4 to the Electricity (Northern Ireland) Order
1992 (application of paragraph 23) for “paragraph 23 of the electronic

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

Cardiff Bay Barrage Act 1993 (c. 42)

33 In paragraph 16 of Schedule 2 to the Cardiff Bay Barrage Act 1993
5(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 2003 (the electronic communications code)”.

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

34 (1) Schedule 9 to the Roads (Northern Ireland) Order 1993 (saving provisions)
10is amended as follows.

(2) In 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
15(restrictions on removal of apparatus)” substitute “Part 6 of the electronic
communications code (rights to require removal of apparatus)”.

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

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

35 (1) Article 12 of the Airports (Northern Ireland) Order 1994 (provisions as to
20electronic communications apparatus) is amended as follows.

(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) 25In 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
30(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)

36 In section 5 of the Landlord and Tenant (Covenants) Act 1995 (tenant
35released 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
40under the electronic communications code).”

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Gas Act 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
5Communications Act 2003 (the electronic communications code)”.

Channel Tunnel Rail Link Act 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
10operators”.

(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) 15In 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. 1996/275)

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

(2) 20In paragraph 1(1) omit the following definitions—

(a) “public telecommunications operator”;

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

(c) “telecommunications code”.

(3) 25In 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))

40 In Article 4(1) of the Business Tenancies (Northern Ireland) Order 1996
30(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
code), where the tenancy is granted after that Schedule comes
35into force.”

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

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

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(2) In 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
5(restriction on removal of electronic communications apparatus)” substitute
“Part 6 of the electronic communications code (rights to require removal of
apparatus)”.

Enterprise Act 2002 (c. 40)

42 The Enterprise Act 2002 is amended as follows.

43 10In section 128(5) (mergers: references to supply of 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.”

44 15In section 234(5) (enforcement of consumer legislation: references to supply
of 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.”

20Communications Act 2003 (c. 21)

45 The Communications Act 2003 is amended as follows.

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

(2) In subsection (2) omit paragraph (d).

(3) 25After subsection (10) insert—

(11) In its application to Schedule 3A this section is subject to paragraph
91 of that Schedule.”

47 (1) Section 402 (power of Secretary of State to make orders and regulations) is
amended as follows.

(2) 30In subsection (2) after paragraph (a) insert—

(aa) regulations under paragraph 95 of Schedule 3A which
amend, repeal or modify the application of primary
legislation,”.

(3) After subsection (2) insert—

(2A) 35A 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
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.”

(4) 40After subsection (3) insert—

(4) In this section “primary legislation” means—

(a) an Act of Parliament,

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(b) a 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.

5Land Reform (Scotland) Act 2003 (asp 2)

49 (1) Schedule 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
102003 (the electronic communications code)”.

(3) In 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)

50 15The Housing and Regeneration Act 2008 is amended as follows.

51 In 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
20system” and insert in the appropriate place—

  • ““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
    25paragraph 7(2) of the code (reference to provision includes
    establishing or maintaining),”.

53 In 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)
30Section 57(1)”.

Crossrail Act 2008 (c. 18)

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

(2) 35In paragraph 1(2) for the definition of “electronic communications code”
substitute—

  • ““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) 40In paragraph 2(2) for “Paragraphs 21 and 23” substitute “Parts 6 and 10”.

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

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

Marine (Scotland) Act 2010 (asp 5)

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

56 5In section 36(1) (electronic communications apparatus) for the words from
“paragraph 11” to “apparatus)” substitute “Part 9 of Schedule 3A to the
Communications Act 2003 (the electronic communications code) (works in
connection with electronic communications apparatus).

57 (1) Section 41 (defence to offences: electronic communications: emergency
10works) is amended as follows.

(2) In subsection (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) Omit subsection (2).



Section 84

15SCHEDULE 4 Bank of England oversight of payment systems

Part 1 Extension of Bank of England oversight of payment systems

1 The Banking Act 2009 is amended as follows.

2 20In 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
follows.

(2) 25In subsection (1)—

(a) omit “inter-bank”;

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

(3) After subsection (1) insert—

(1A) But “payment system” does not include any arrangements for the
30physical 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 In section 183 (interpretation: other expressions), in paragraph (a) for “an
35inter-bank” substitute “a”.

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

7 5In 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 In section 187 (de-recognition), in subsections (2), (3)(b) and (5), omit “inter-
10bank”.

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

14 15In 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 In section 195 (independent report), in subsection (1) omit “inter-bank”.

18 20In 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 In section 200 (management disqualification), in subsections (1) and (2), omit
25“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 In section 203 (fees), in subsection (1) omit “inter-bank”.

26 30In 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 In section 206A (services forming part of recognised inter-bank payment
35system), 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”;

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(b) in 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 5182”

Part 2 Consequential amendments

Financial Services Act 2012

31 The Financial Services Act 2012 is amended as follows.

32 (1) 10Section 68 (cases in which Treasury may arrange independent enquiries) is
amended as follows.

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

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

(a) 15omit the first “inter-bank”;

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

33 In 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
20England), in subsection (5)(d) omit “inter-bank”.

Financial Services (Banking Reform) Act 2013

35 The 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
25“inter-bank”.

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

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

40 30In section 110 (interpretation), in subsection (1), in the definition of
“recognised inter-bank payment system”—

(a) omit the first “inter-bank”;

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

41 In section 112 (interpretation: infrastructure companies), in subsections
35(2)(a), (4)(b) and (5), omit “inter-bank”.

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

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