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“(b) to any right conferred by or in accordance with the electronic | |
communications code on the operator of an electronic | |
communications code network, or | |
(c) to any electronic communications apparatus kept installed | |
for the purposes of any such network.” | 5 |
(3) In section 91(3) (meaning of “statutory undertakers” in certain sections), in | |
paragraph (a) for “a public telecommunications operator” there shall be | |
substituted “an electronic communications code operator and to a former | |
PTO”. | |
London Local Authorities (No. 2) Act 1990 | 10 |
106 (1) Section 5 of the London Local Authorities (No. 2) Act 1990 (c. xxx) (crime | |
prevention) shall be amended as follows. | |
(2) For subsection (1)(b) there shall be substituted— | |
“(b) providing within their area an electronic communications | |
service which is distributed— | 15 |
(i) only to persons on a single set of premises; and | |
(ii) by an electronic communications network which is | |
wholly within those premises and is not connected to | |
an electronic communications network any part of | |
which is outside those premises;”. | 20 |
(3) In subsection (1)(c), for “telecommunications system” there shall be | |
substituted “electronic communications network or electronic | |
communications service”. | |
(4) After subsection (4), there shall be inserted— | |
“(4A) For the purposes of subsection (1)(b)— | 25 |
(a) a set of premises is a single set of premises if, and only if, the | |
same person is the occupier of all the premises; and | |
(b) two or more vehicles are capable of constituting a single set | |
of premises if, and only if, they are coupled together.” | |
(5) For subsection (5), there shall be substituted— | 30 |
“(5) In this section— | |
‘premises’ includes a vehicle; and | |
‘vehicle’ includes a vessel, aircraft or hovercraft.” | |
New Roads and Street Works Act 1991 | |
107 (1) In the New Roads and Street Works Act 1991 (c. 22)— | 35 |
(a) paragraph 7 of Schedule 4 (streets with special engineering | |
difficulties), and | |
(b) paragraph 7 of Schedule 6 (roads with special engineering | |
difficulties), | |
shall be amended as follows. | 40 |
(2) For “telecommunication apparatus”, wherever occurring, there shall be | |
substituted “electronic communications apparatus”. | |
(3) In sub-paragraph (3)(c)— | |
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(a) for “a telecommunication system” there shall be substituted “an | |
electronic communications network”; and | |
(b) for “a system” there shall be substituted “a network”. | |
Coal Mining Subsidence Act 1991 | |
108 In section 52(1) of the Coal Mining Subsidence Act 1991 (c. 45) | 5 |
(interpretation) in the definition of “statutory undertakers”, in paragraph (b) | |
for “any public telecommunications operator” there shall be substituted | |
“any electronic communications code operator, any former PTO”. | |
Water Industry Act 1991 | |
109 In section 219 of the Water Industry Act 1991 (c. 56) (general interpretation), | 10 |
in the definition of “accessories”, for “telecommunication apparatus (within | |
the meaning of Schedule 2 to the Telecommunications Act 1984)” there shall | |
be substituted “electronic communications apparatus”. | |
110 (1) Schedule 13 to that Act (protective provisions in respect of certain | |
undertakings) shall be amended as follows. | 15 |
(2) In paragraph 1(5), for paragraph (c) there shall be substituted— | |
“(c) any undertaking consisting in the provision of an | |
electronic communications network;”. | |
(3) In paragraph 4, for “telecommunication apparatus” there shall be | |
substituted “electronic communications apparatus”. | 20 |
111 (1) Schedule 15 to that Act (disclosure of information) shall be amended as | |
follows. | |
(2) In Part 1, for “The Director General of Telecommunications” there shall be | |
substituted “The Office of Communications”. | |
(3) In Part 2, after the entry relating to the Enterprise Act 2002, there shall be | 25 |
inserted— | |
“The Communications Act 2003.” | |
Water Resources Act 1991 | |
112 In section 221 of the Water Resources Act 1991 (c. 57) (general | |
interpretation), in the definition of “accessories”, for “telecommunication | 30 |
apparatus (within the meaning of Schedule 2 to the Telecommunications Act | |
1984)” there shall be substituted “electronic communications apparatus”. | |
113 (1) Schedule 22 to that Act (general provisions protecting undertakings) shall be | |
amended as follows. | |
(2) In paragraph 1(4), for paragraph (c) there shall be substituted— | 35 |
“(c) any undertaking consisting in the provision of an | |
electronic communications network;”. | |
(3) In paragraph 5, for “telecommunication apparatus” there shall be | |
substituted “electronic communications apparatus”. | |
114 (1) Schedule 24 to that Act (disclosure of information) shall be amended as | 40 |
follows. | |
(2) In Part 1, for “The Director General of Telecommunications” there shall be | |
substituted “The Office of Communications”. | |
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(3) In Part 2, after the entry relating to the Enterprise Act 2002, there shall be | |
inserted— | |
“The Communications Act 2003.” | |
Land Drainage Act 1991 | |
115 In paragraph 1(1) of Schedule 6 to the Land Drainage Act 1991 (c. 59) | 5 |
(protection for particular undertakings), for paragraph (c) there shall be | |
substituted— | |
“(c) any undertaking consisting in the | |
provision of an electronic | |
communications code network;”. | 10 |
Planning (Northern Ireland) Order 1991 | |
116 In Articles 103 (making of orders) and 104 (telecommunication apparatus) of | |
the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11))— | |
(a) for “telecommunications code”, wherever occurring (except in the | |
expression “telecommunications code system”) there shall be | 15 |
substituted “electronic communications code”; | |
(b) for “a telecommunications code system” and “any | |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | |
(c) for “telecommunication apparatus”, wherever occurring, there shall | 20 |
be substituted “electronic communications apparatus”; | |
(d) for “system” (except in the expression “telecommunications code | |
system”) there shall be substituted “network”. | |
Charities Act 1992 | |
117 In section 60(6)(c) of the Charities Act 1992 (c. 41) (making of payments to | 25 |
professional fund-raisers etc.), for “telecommunication apparatus” there | |
shall be substituted “electronic communications apparatus”. | |
Carriage of Goods by Sea Act 1992 | |
118 In section 1(5) of the Carriage of Goods by Sea Act 1992 (c. 50), for “a | |
telecommunication system” there shall be substituted “an electronic | 30 |
communications network”. | |
Electricity (Northern Ireland) Order 1992 | |
119 The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) shall be | |
amended as follows. | |
120 In Article 61 (restrictions on disclosure of information)— | 35 |
(a) for paragraph (2)(b)(vi) there shall be substituted- | |
“(vi) the Office of Communications;”; | |
(b) after paragraph (3)(u) there shall be inserted- | |
“(v) the Communications Act 2003;”. | |
121 (1) Schedule 4 (other powers etc. of licence holders) shall be amended as | 40 |
follows. | |
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(2) In paragraph 1(1)— | |
(a) for “a public telecommunications operator” there shall be substituted | |
“an electronic communications code operator”; | |
(b) for “telecommunication system” there shall be substituted | |
“electronic communications network”. | 5 |
(3) In paragraphs 4 and 6 for “public telecommunications operator” there shall | |
be substituted “electronic communications code operator”. | |
(4) In paragraphs 3(1) and (2), 5(1), (2), (3) and (4), 6(1) and 9— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | 10 |
(b) for “a telecommunication system”, wherever occurring, there shall | |
be substituted “an electronic communications network”; | |
(c) for “telecommunications code”, wherever occurring, there shall be | |
substituted “electronic communications code”. | |
Leasehold Reform, Housing and Urban Development Act 1993 | 15 |
122 (1) Part 2 of Schedule 20 to the Leasehold Reform, Housing and Urban | |
Development Act 1993 (c. 28) (provisions about land acquired by the Urban | |
Regeneration Agency) shall be amended as follows. | |
(2) In paragraphs 4, 5, 11, 12 and 14— | |
(a) for “the telecommunications code”, wherever occurring, there shall | 20 |
be substituted “the electronic communications code”; | |
(b) for “a telecommunications code system” and “any | |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | |
(c) for “telecommunications apparatus” and “telecommunication | 25 |
apparatus”, wherever occurring, there shall be substituted | |
“electronic communications apparatus”; | |
(d) for “such system” and “the system”, wherever occurring, there shall | |
be substituted, respectively, “such network” and “the network”. | |
Cardiff Bay Barrage Act 1993 | 30 |
123 In Schedule 2 to the Cardiff Bay Barrage Act 1993 (c. 42) (supplementary | |
provisions about Development Corporation works)— | |
(a) in paragraph 1(c), for “telecommunication” there shall be substituted | |
“electronic communications”; | |
(b) in paragraph 16, for “telecommunication apparatus” there shall be | 35 |
substituted “electronic communications apparatus”. | |
124 In paragraph 3(2)(c) of Schedule 4 to that Act (exception to extinguishment | |
of rights over land compulsorily acquired)— | |
(a) for “the telecommunications code” there shall be substituted “the | |
electronic communications code”; | 40 |
(b) for “a telecommunications code system” there shall be substituted | |
“an electronic communications code network”; | |
(c) for “such system;” there shall be substituted “such network.” | |
125 In paragraph 21 of Schedule 7 to that Act (powers of survey etc. in | |
connection with groundwater damage)— | 45 |
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(a) in sub-paragraphs (5)(b)(ii) and (7), for “a relevant | |
telecommunications licenceholder” there shall be substituted “a | |
provider of a public electronic communications network”; | |
(b) in sub-paragraphs (6) and (7), for “or licenceholder” there shall be | |
substituted “or provider”; and | 5 |
(c) in sub-paragraph (6), for “running of the telecommunication system” | |
there shall be substituted “provision of the public electronic | |
communications network”. | |
Railways Act 1993 | |
126 (1) Section 145 of the Railways Act 1993 (c. 43) (general restrictions on | 10 |
disclosure of information) be amended as follows. | |
(2) In subsection (2)(b), for sub-paragraph (iv) there shall be substituted— | |
“(iv) the Office of Communications,”. | |
(3) In subsection (3), after paragraph (qs) there shall be inserted— | |
“(qt) the Communications Act 2003;”. | 15 |
Roads (Northern Ireland) Order 1993 | |
127 (1) This paragraph applies to the following provisions of the Roads (Northern | |
Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15))— | |
(a) Article 12(2) (road bridges over railways); | |
(b) Article 70(2) (consultation on exercise of power to erect structure on | 20 |
road); | |
(c) Article 72(2) (control of scaffolding on roads); | |
(d) Article 73(2) (restriction on placing rails etc. over roads); | |
(e) Article 78(2) (excavations in a road); | |
(f) Article 79(2) (placing of apparatus in or under roads); | 25 |
(g) Article 82(3) (excavations near a road); | |
(h) Article 83(2) (alteration of wall, fence or drain at the side of a road); | |
(i) Schedule 9 (savings for telecommunications apparatus). | |
(2) In each of the provisions to which this paragraph applies— | |
(a) for “a telecommunications code system” and “any | 30 |
telecommunications code system”, wherever occurring, there shall | |
be substituted “an electronic communications code network”; | |
(b) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(c) for “telecommunications code”, wherever occurring (except in the | 35 |
expression “telecommunications code system”), there shall be | |
substituted “electronic communications code”; | |
(d) for “that system”, “any such system” and “the system”, wherever | |
occurring, there shall be substituted, respectively, “that network”, | |
“any such network” and “the network”; | 40 |
(e) for “the telecommunications code system” there shall be substituted | |
“the electronic communications code network”. | |
Value Added Tax Act 1994 | |
128 (1) The Value Added Tax Act 1994 (c. 23) shall be amended as follows. | |
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(2) In section 33 (refunds of VAT in certain cases)— | |
(a) in subsection (3), for paragraph (j) there shall be substituted— | |
“(j) the appointed news provider referred to in section | |
272 of the Communications Act 2003; and”; | |
(b) in subsection (5), for “a nominated” there shall be substituted “an | 5 |
appointed”. | |
(3) In Part 2 of Schedule 9 (exemptions), in Note (1) in Group 12 (fund-raising | |
events by charities etc.), for “a telecommunications system (within the | |
meaning of the Telecommunications Act 1984)” there shall be substituted | |
“an electronic communications network”. | 10 |
Criminal Justice and Public Order Act 1994 | |
129 (1) Section 163 of the Criminal Justice and Public Order Act 1994 (c. 33) (local | |
authority powers to provide closed-circuit television) shall be amended as | |
follows. | |
(2) For subsection (1)(b) there shall be substituted— | 15 |
“(b) providing within their area an electronic communications | |
service which is distributed— | |
(i) only to persons on a single set of premises; and | |
(ii) by an electronic communications network which is | |
wholly within those premises and is not connected to | 20 |
an electronic communications network any part of | |
which is outside those premises;”. | |
(3) In subsection (1)(c), for “telecommunications system” there shall be | |
substituted “electronic communications network or electronic | |
communications service”. | 25 |
(4) After subsection (3), there shall be inserted— | |
“(3A) For the purposes of subsection (1)(b)— | |
(a) a set of premises is a single set of premises if, and only if, the | |
same person is the occupier of all the premises; and | |
(b) two or more vehicles are capable of constituting a single set | 30 |
of premises if, and only if, they are coupled together.” | |
(5) In subsection (4), for the definition of “telecommunications system” there | |
shall be substituted— | |
“‘premises’ includes a vehicle; and | |
‘vehicle’ includes a vessel, aircraft or hovercraft.” | 35 |
Airports (Northern Ireland) Order 1994 | |
130 In Article 12 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 | |
(N.I. 1)) (provisions as to telecommunications apparatus)— | |
(a) for “telecommunications apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | 40 |
(b) for “the telecommunications code”, wherever occurring, there shall | |
be substituted “the electronic communications code”; | |
(c) for “a telecommunications code system”, wherever occurring, there | |
shall be substituted “an electronic communications code network”; | |
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(d) in paragraph (3), for “that system” there shall be substituted “that | |
network”. | |
Criminal Procedure (Scotland) Act 1995 | |
131 In section 302(9)(a) of the Criminal Procedure (Scotland) Act 1995 (c. 46) | |
(interpretation), at the end there shall be inserted “nor an offence to which | 5 |
Schedule 6 to the Communications Act 2003 (fixed penalties for wireless | |
telegraphy offences) applies.” | |
British Waterways Act 1995 | |
132 In section 3(1) of the British Waterways Act 1995 (c. i) (interpretation), in the | |
definition of “relevant undertaker”, in paragraph (f), for the words from the | 10 |
beginning to “in that Act)” there shall be substituted “any provider of an | |
electronic communications network having any electronic communications | |
apparatus”. | |
Street Works (Northern Ireland) Order 1995 | |
133 (1) Paragraph 7 of Schedule 2 to the Street Works (Northern Ireland) Order 1995 | 15 |
(S.I. 1995/3210 (N.I. 19)) (streets with special engineering difficulties) shall | |
be amended as follows. | |
(2) For “telecommunication apparatus”, wherever occurring, there shall be | |
substituted “electronic communications apparatus”. | |
(3) In sub-paragraph (3)(c)— | 20 |
(a) for “a telecommunication system” there shall be substituted “an | |
electronic communications network”; | |
(b) for “a system” there shall be substituted “a network”. | |
Housing Act 1996 | |
134 In section 16(7)(a) of the Housing Act 1996 (c. 52) (use of electronic | 25 |
communications by tenant in exercise of right to acquire dwelling), for “a | |
telecommunication system (within the meaning of the Telecommunications | |
Act 1984)” there shall be substituted “an electronic communications | |
network”. | |
Housing Grants, Construction and Regeneration Act 1996 | 30 |
135 In section 105(1)(b) of the Housing Grants, Construction and Regeneration | |
Act 1996 (c. 53) (meaning of “construction operations”), for | |
“telecommunication apparatus” there shall be substituted “electronic | |
communications apparatus”. | |
Channel Tunnel Rail Link Act 1996 | 35 |
136 In Schedule 6 to the Channel Tunnel Rail Link Act 1996 (c. 61) (planning | |
conditions), in the table in paragraph 6(4) and the table in paragraph 15(4), | |
for “telecommunications masts”, in each place, there shall be substituted | |
“electronic communications masts”. | |
137 (1) Part 4 of Schedule 15 to that Act (protection of telecommunications | 40 |
operators) shall be amended as follows. | |
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