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(c) for “telecommunications apparatus” and “telecommunication | |
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”. | 5 |
Road Traffic Act 1988 | |
95 In section 21(3)(b) of the Road Traffic Act 1988 (c. 52) (exception from | |
prohibition of driving etc on cycle tracks for statutory undertakers), for the | |
words from “a telecommunications code system” to “1984)” there shall be | |
substituted “an electronic communications code network”. | 10 |
Water Act 1989 | |
96 (1) Section 174 of the Water Act 1989 (c. 15) (general restrictions on disclosure of | |
information) be amended as follows. | |
(2) In subsection (2)(d), for sub-paragraph (iv) there shall be substituted— | |
“(iv) the Office of Communications;”. | 15 |
(3) In subsection (3), after paragraph (ln) there shall be inserted— | |
“(lo) the Communications Act 2003;”. | |
Road Traffic (Driver Licensing and Information Systems) Act 1989 | |
97 (1) The Road Traffic (Driver Licensing and Information Systems) Act 1989 | |
(c. 22) shall be amended as follows. | 20 |
(2) For section 9(3) (requirement for licence to operate driver information | |
systems) there shall be substituted— | |
“(3) The holding by a person of a licence under this section shall not | |
relieve him of— | |
(a) any liability in respect of a failure to hold a licence under | 25 |
section 1 of the Wireless Telegraphy Act 1949; or | |
(b) any obligation to comply with requirements imposed by or | |
under Chapter 1 of Part 2 of the Communications Act 2003 | |
(electronic communications networks and electronic | |
communications services).” | 30 |
(3) In paragraph 4 of Schedule 4 (application of telecommunications code to | |
licence holders), for the words “(application of telecommunications code)” | |
there shall be substituted “(procedure for works involving alteration of | |
electronic communications apparatus)”. | |
(4) In paragraph 8 of Schedule 5 (undertakers’ works affecting driver | 35 |
information systems)— | |
(a) in the definition of “relevant undertaker”, for paragraph (b) there | |
shall be substituted— | |
“(b) any electronic communications code operator;”; | |
(b) in the definition of “undertaker’s works”, in paragraph (b), for “a | 40 |
telecommunication system run by him” there shall be substituted | |
“an electronic communications code network provided by him”. | |
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Electricity Act 1989 | |
98 In section 3A(4)(b) of the Electricity Act 1989 (c. 29) (general duties of | |
Secretary of State and Authority), for sub-paragraph (i) there shall be | |
substituted— | |
“(i) communications services and electronic communications | 5 |
apparatus, or”. | |
99 (1) Schedule 4 to that Act (other powers etc. of licence holders) shall be | |
amended as follows. | |
(2) In paragraphs 3(1)(d) and 5— | |
(a) for “telecommunication apparatus”, wherever occurring, there shall | 10 |
be substituted “electronic communications apparatus”; | |
(b) for “a telecommunication system” there shall be substituted “an | |
electronic communications code network”; and | |
(c) for “telecommunications code”, wherever occurring, there shall be | |
substituted “electronic communications code”. | 15 |
(3) In paragraph 4(1), for paragraph (c) there shall be substituted— | |
“(c) any electronic communications code operator or any | |
former PTO; and”. | |
Local Government and Housing Act 1989 | |
100 In section 88(1)(e)(i) of the Local Government and Housing Act 1989 (c. 42) | 20 |
(electronic communication), for “a telecommunication system (within the | |
meaning of the Telecommunications Act 1984)” there shall be substituted | |
“an electronic communications network”. | |
Insolvency (Northern Ireland) Order 1989 | |
101 (1) The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) shall | 25 |
be amended as follows. | |
(2) In Article 197(3) (supplies of water, electricity, etc.) for sub-paragraph (c) to | |
the end there shall be substituted— | |
“(c) a supply of communications services by a provider of a | |
public electronic communications service, | 30 |
and in this paragraph ‘communications services’ do not include | |
electronic communications services to the extent that they are used | |
to broadcast or transmit programme services (within the meaning of | |
the Communications Act 2003).” | |
(3) In Article 343(4) (supplies of water, electricity, etc.) for sub-paragraph (c) to | 35 |
the end there shall be substituted— | |
“(c) a supply of communications services by a provider of a | |
public telecommunications service, | |
and in this paragraph ‘communications services’ do not include | |
electronic communications services to the extent that they are used | 40 |
to broadcast or transmit programme services (within the meaning of | |
the Communications Act 2003).” | |
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Town and Country Planning Act 1990 | |
102 In section 148(1) of the Town and Country Planning Act 1990 (c. 8) | |
(interpretation of Chapter 1), in the definition of “statutory undertakers”, for | |
“public telecommunications operators” there shall be substituted “electronic | |
communications code operators and former PTOs”. | 5 |
103 (1) This paragraph applies to the following provisions of that Act— | |
(a) section 236(2) (exception to extinguishment of rights over land | |
compulsorily acquired); | |
(b) section 237(3) (saving from power to override certain rights); | |
(c) section 256 (Secretary of State’s orders affecting telecommunications | 10 |
apparatus); | |
(d) section 260 (orders by other authorities affecting telecommunication | |
apparatus); | |
(e) section 272 (extinguishment of rights of telecommunications code | |
system operators); | 15 |
(f) section 273(7) and (8) (notices given to developing authority); | |
(g) section 274(2) (making of orders); | |
(h) section 279(3) (right to compensation). | |
(2) In each of the provisions to which this paragraph applies— | |
(a) for “telecommunications code”, wherever occurring (except in the | 20 |
expression “telecommunications code system”), there shall be | |
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”; | 25 |
(c) for “telecommunications apparatus” and “telecommunication | |
apparatus”, wherever occurring, there shall be substituted | |
“electronic communications apparatus”; | |
(d) for “the telecommunications code system”, wherever occurring, | |
there shall be substituted “the electronic communications code | 30 |
network”; | |
(e) for “system”, wherever occurring (except in the expression | |
“telecommunications code system”), there shall be substituted | |
“network”. | |
104 In section 280 of that Act (measures of compensation)— | 35 |
(a) for “a telecommunications code system” there shall be substituted | |
“an electronic communications code network”; | |
(b) for “the running of the telecommunications code system”, wherever | |
occurring, there shall be substituted “the provision of the electronic | |
communications code network”. | 40 |
105 In paragraph 1(a) of Schedule 13 to that Act (blighted land), for sub- | |
paragraph (ii) there shall be substituted— | |
“(ii) of the provision by an electronic | |
communications code operator of an | |
electronic communications code network or | 45 |
the provision by a former PTO of a public | |
electronic communications network or a | |
public electronic communications service, or”. | |
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Planning (Listed Buildings and Conservation Areas) Act 1990 | |
106 (1) The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) shall | |
be amended as follows. | |
(2) In section 51(2) (saving for ending of rights over land compulsorily | |
acquired), for paragraphs (b) and (c) there shall be substituted— | 5 |
“(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.” | 10 |
(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 | 15 |
107 (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— | 20 |
(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;”. | 25 |
(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)— | 30 |
(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— | 35 |
“(5) In this section— | |
‘premises’ includes a vehicle; and | |
‘vehicle’ includes a vessel, aircraft or hovercraft.” | |
New Roads and Street Works Act 1991 | |
108 (1) In the New Roads and Street Works Act 1991 (c. 22)— | 40 |
(a) paragraph 7 of Schedule 4 (streets with special engineering | |
difficulties), and | |
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(b) paragraph 7 of Schedule 6 (roads with special engineering | |
difficulties), | |
shall be amended as follows. | |
(2) For “telecommunication apparatus”, wherever occurring, there shall be | |
substituted “electronic communications apparatus”. | 5 |
(3) In sub-paragraph (3)(c)— | |
(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 | 10 |
109 In section 52(1) of the Coal Mining Subsidence Act 1991 (c. 45) | |
(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 | 15 |
110 In section 219 of the Water Industry Act 1991 (c. 56) (general interpretation), | |
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”. | |
111 (1) Schedule 13 to that Act (protective provisions in respect of certain | 20 |
undertakings) shall be amended as follows. | |
(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 | 25 |
substituted “electronic communications apparatus”. | |
112 (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”. | 30 |
(3) In Part 2, after the entry relating to the Enterprise Act 2002, there shall be | |
inserted— | |
“The Communications Act 2003.” | |
Water Resources Act 1991 | |
113 In section 221 of the Water Resources Act 1991 (c. 57) (general | 35 |
interpretation), 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”. | |
114 (1) Schedule 22 to that Act (general provisions protecting undertakings) shall be | |
amended as follows. | 40 |
(2) In paragraph 1(4), for paragraph (c) there shall be substituted— | |
“(c) any undertaking consisting in the provision of an | |
electronic communications network;”. | |
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(3) In paragraph 5, for “telecommunication apparatus” there shall be | |
substituted “electronic communications apparatus”. | |
115 (1) Schedule 24 to that Act (disclosure of information) shall be amended as | |
follows. | |
(2) In Part 1, for “The Director General of Telecommunications” there shall be | 5 |
substituted “The Office of Communications”. | |
(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 | 10 |
116 In paragraph 1(1) of Schedule 6 to the Land Drainage Act 1991 (c. 59) | |
(protection for particular undertakings), for paragraph (c) there shall be | |
substituted— | |
“(c) any undertaking consisting in the | |
provision of an electronic | 15 |
communications code network;”. | |
Planning (Northern Ireland) Order 1991 | |
117 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 | 20 |
expression “telecommunications code system”) there shall be | |
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”; | 25 |
(c) for “telecommunication apparatus”, wherever occurring, there shall | |
be substituted “electronic communications apparatus”; | |
(d) for “system” (except in the expression “telecommunications code | |
system”) there shall be substituted “network”. | |
Charities Act 1992 | 30 |
118 In section 60(6)(c) of the Charities Act 1992 (c. 41) (making of payments to | |
professional fund-raisers etc.), for “telecommunication apparatus” there | |
shall be substituted “electronic communications apparatus”. | |
Carriage of Goods by Sea Act 1992 | |
119 In section 1(5) of the Carriage of Goods by Sea Act 1992 (c. 50), for “a | 35 |
telecommunication system” there shall be substituted “an electronic | |
communications network”. | |
Electricity (Northern Ireland) Order 1992 | |
120 The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) shall be | |
amended as follows. | 40 |
121 In Article 61 (restrictions on disclosure of information)— | |
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(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;”. | |
122 (1) Schedule 4 (other powers etc. of licence holders) shall be amended as | 5 |
follows. | |
(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 | 10 |
“electronic communications network”. | |
(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 | 15 |
be substituted “electronic communications apparatus”; | |
(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”. | 20 |
Leasehold Reform, Housing and Urban Development Act 1993 | |
123 (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— | 25 |
(a) for “the telecommunications code”, wherever occurring, there shall | |
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”; | 30 |
(c) for “telecommunications apparatus” and “telecommunication | |
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”. | 35 |
Cardiff Bay Barrage Act 1993 | |
124 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”; | 40 |
(b) in paragraph 16, for “telecommunication apparatus” there shall be | |
substituted “electronic communications apparatus”. | |
125 In paragraph 3(2)(c) of Schedule 4 to that Act (exception to extinguishment | |
of rights over land compulsorily acquired)— | |
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