Appendix 4
S.I. 2011/1209: memorandum from Department for
Culture, Media and Sport
Electronic Communications (Universal Service)
(Amendment) Order 2011 (S.I. 2011/1209)
1. By letter dated 15th June 2011,
the Committee requested a memorandum from the Department on the
following point.
"Explain which of the occurrences of the
word "national" in the definition of "publicly
available telephone service" in article 2 of the Electronic
Communications (Universal Service) Order 2003 is referred to in
article 3(b)(iii) of this Order."
2. The Department confirms that article 3(b)(iii)
of the Order is intended to refer only to the first instance where
the word "national" occurs in the relevant definition.
Although this may constitute a drafting error, the Department
believes that the error has no material impact. The Department
accepts that failure to specify which occurrence of the word "national"
is intended may lead to lack of clarity in the drafting of the
provision, but the Department does not believe that there is any
harm caused by the ambiguity in the drafting.
Department for Culture, Media and Sport
20th June 2011
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