Digital Economy Bill (HL Bill 122)

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) 5In 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) 10In 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) 15for “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) 20In 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
25“Part 6 of the electronic communications code (rights to require removal of
electronic communications apparatus)”.

Housing Act 1985 (c. 68)

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

18 30For the heading substitute “Electronic communications apparatus”.

19 In 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”.

35Food and Environment Protection Act 1985 (c. 48)

21 The 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
40communications code)”.

23 In 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.

5Airports 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
10electronic 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) 15In 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 20In 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
25code);”.

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
30Act 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
35Act 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
40follows.

(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
5(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) 10for “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”.

15Water 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
20the 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 25In paragraph 3(2) of Schedule 4 to the Electricity (Northern Ireland) Order
1992 (application of paragraph 23) for “paragraph 23 of the electronic
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 30In paragraph 16 of Schedule 2 to the Cardiff Bay Barrage Act 1993
(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) 35Schedule 9 to the Roads (Northern Ireland) Order 1993 (saving provisions)
is 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) 40In paragraph 2(3) for “Paragraph 21 of the electronic communications code
(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
electronic communications apparatus) is amended as follows.

(2) 5In 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) In paragraph (4)—

(a) 10for “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
(restriction on removal of apparatus)” substitute “Part 6 of the electronic
15communications 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
released from covenants on assignment of tenancy), after subsection (4)
20insert—

“(5) This section is subject to paragraph 16(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
under the electronic communications code).”

25Gas 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
Communications Act 2003 (the electronic communications code)”.

30Channel 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
operators”.

(3) 35In 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) In 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) 5In paragraph 1(1) omit the following definitions—

(a) “public telecommunications operator”;

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

(c) “telecommunications code”.

(3) 10In 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
15(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
20into 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.

(2) In subsection (7) for “Paragraph 1(2) of the electronic communications code”
25substitute “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
“Part 6 of the electronic communications code (rights to require removal of
30apparatus)”.

Enterprise Act 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
from “(within” to the end substitute “(within the meaning of paragraph 17
35of 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
of services) for the words from “(within” to the end substitute “(within the
40meaning 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)

45 The Communications Act 2003 is amended as follows.

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

(2) 5In 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) Section 402 (power of Secretary of State to make orders and regulations) is
10amended 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
legislation,”.

(3) 15After 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
not be made unless a draft of the instrument has been laid before and
20approved 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) 25an Act of the Scottish Parliament, or

(d) Northern Ireland legislation.”

48 Schedule 3 is repealed.

Land Reform (Scotland) Act 2003 (asp 2)

49 (1) Schedule 1 to the Land Reform (Scotland) Act 2003 (path orders) is amended
30as 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) In paragraph 13 for “Paragraph 21 of that code (restriction on removal of
35apparatus)” substitute “Part 6 of the electronic communications code (rights
to require removal of apparatus)”.

Housing and Regeneration Act 2008 (c. 17)

50 The 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
5system” 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
  10paragraph 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—

Crossrail Act 2008 (c. 18)

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

(2) 20In 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) 25In paragraph 2(2) for “Paragraphs 21 and 23” substitute “Parts 6 and 10”.

(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 30In 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
35works) 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 38

SCHEDULE 4 Public service delivery: specified persons for the purposes of section 38

1 The Secretary of State for the Home Department.

2 The Secretary of State for Defence.

3 5The Lord Chancellor.

4 The Secretary of State for Justice.

5 The Secretary of State for Education.

6 The Secretary of State for Business, Energy and Industrial Strategy.

7 The Secretary of State for Work and Pensions.

8 10The Secretary of State for Communities and Local Government.

9 The Secretary of State for Culture, Media and Sport.

10 Her Majesty’s Revenue and Customs.

11 A county council in England.

12 A district council in England.

13 15A London borough council.

14 A combined authority established under section 103 of the Local
Democracy, Economic Development and Construction Act 2009.

15 The Common Council of the City of London in its capacity as a local
authority.

16 20The Council of the Isles of Scilly.

17 The Greater London Authority.

18 A metropolitan county fire and rescue authority.

19 The London Fire Commissioner.

20 A fire and rescue authority in England constituted by a scheme under
25section 2 of the Fire and Rescue Services Act 2004 or a scheme to which
section 4 of that Act applies.

21 A fire and rescue authority created by a scheme under section 4A of the Fire
and Rescue Services Act 2004.

22 A chief officer of police for a police area in England and Wales.

23 30The proprietor of a school within the meaning of the Education Act 1996.

24 The proprietor of an Academy within the meaning of that Act.

25 The responsible person in relation to an educational institution as defined by
section 72(5) of the Education and Skills Act 2008 (other than a person within
paragraph 23 or 24).

26 35The Gas and Electricity Markets Authority.

27 The Chief Land Registrar.

28 A person providing services in connection with a specified objective (within
the meaning of section 38) to a specified person who is a public authority.

Section 39

SCHEDULE 5 Public service delivery: specified persons for the purposes of sections 39 and 40

1 5The Secretary of State for Business, Energy and Industrial Strategy.

2 The Secretary of State for Work and Pensions.

3 The Secretary of State for Communities and Local Government.

4 Her Majesty’s Revenue and Customs.

5 A county council in England.

6 10A district council in England.

7 A London borough council.

8 A combined authority established under section 103 of the Local
Democracy, Economic Development and Construction Act 2009.

9 The Common Council of the City of London in its capacity as a local
15authority.

10 The Council of the Isles of Scilly.

11 The Greater London Authority.

12 A metropolitan county fire and rescue authority.

13 The London Fire Commissioner.

14 20A fire and rescue authority in England constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme to which
section 4 of that Act applies.

15 A fire and rescue authority created by a scheme under section 4A of the Fire
and Rescue Services Act 2004.

16 25The Gas and Electricity Markets Authority.

17 The Chief Land Registrar.

18 A person providing services in connection with a fuel poverty measure
(within the meaning of section 39) to a specified person who is a public
authority.

Section 41

30SCHEDULE 6 Public service delivery: specified persons for the purposes of sections 41 and 42

1 The Secretary of State for Work and Pensions.

2 The Secretary of State for Communities and Local Government.

3 Her Majesty’s Revenue and Customs.

4 A county council in England.

5 A district council in England.

6 A London borough council.

7 5A combined authority established under section 103 of the Local
Democracy, Economic Development and Construction Act 2009.

8 The Common Council of the City of London in its capacity as a local
authority.

9 The Council of the Isles of Scilly.

10 10The Greater London Authority.

11 The Chief Land Registrar.

12 A person providing services in connection with a water poverty measure
(within the meaning of section 41) to a specified person who is a public
authority.

Section 51

15SCHEDULE 7 Specified persons for the purposes of the debt provisions

1 The Secretary of State for the Home Department.

2 The Lord Chancellor.

3 The Secretary of State for Justice.

4 20The Secretary of State for Education.

5 The Secretary of State for Business, Energy and Industrial Strategy.

6 The Secretary of State for Work and Pensions.

7 The Secretary of State for Transport.

8 Her Majesty’s Revenue and Customs.

9 25The Minister for the Cabinet Office.

10 A county council in England.

11 A district council in England.

12 A London borough council.

13 The Common Council of the City of London in its capacity as a local
30authority.

14 The Council of the Isles of Scilly.

15 The Greater London Authority.

16 The Student Loans Company.