The Communications Act 2003 (Consequential Amendments) Order 2003

• Citation: S.I. 2003/2155
• Sections: 55

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Communications Act (Consequential Amendments) Order 2003 and shall come into force on 17th September 2003.

(2) This Order does not extend to the Channel Islands or the Isle of Man.

(3) Subject to paragraph (2), any modification by this Order of an enactment has the same extent as the enactment specified.

Section 2 Interpretation

(1) In any Act or instrument amended by this Order—

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Act ;

“electronic communications code network” means—

so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Act; and

an electronic communications network which the Secretary of State or a Northern Ireland department is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the Act;

“electronic communications network” and “electronic communications service” each has the same meaning as in the Act;

“former PTO ” means a person—

who is a provider of a public electronic communications network or a public electronic communications service which, immediately before the date on which the repeal by the Act of section 7 of the Telecommunications Act 1984 comes into force, was designated as a public telecommunication system under section 9 of that Act; and

who, immediately before that date, was authorised to provide that network or service by a licence to which section 8 of that Act applied;

“operator”, in relation to an electronic communications code network, means—

the electronic communications code operator providing that network; or

the Secretary of State or a Northern Ireland department, to the extent that they are providing or proposing to provide that network;

“provide” and cognate expressions, in relation to an electronic communications network, an electronic communications service or associated facilities, are to be construed in accordance with section 32(4) of the Act;

“public electronic communications network” and “public electronic communications service” each has the same meaning as in Chapter 1 of Part 2 of the Act.

(2) In this article—

(a) “the Act” means the Communications Act 2003;

(b) “conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system shall be construed in accordance with paragraph 1(3A) of that code;

(c) “electronic communications code”, “electronic communications code network”, “electronic communications code operator”, “public electronic communications network” and “public electronic communications service” each has the meaning given in paragraph (1).

Section 3 Amendments and repeals

(1) The amendments specified in Schedule 1 shall have effect.

(2) The repeals and revocations specified in Schedule 2 shall have effect.

Section 1

(1) Schedule 4 (Minor and Consequential Amendments) to the Telecommunications Act 1984 shall be amended as follows.

(2) In paragraph 88—

(a) for “telecommunications code” (except in the phrase “telecommunications code system”), there shall be substituted “electronic communications code”;

(b) for “telecommunications code system”, there shall be substituted “electronic communications code network”;

(c) for “telecommunication apparatus”, there shall be substituted “electronic communications apparatus”;

(d) for “operator”, there shall be substituted “provider”; and

(e) for “system” (except in the phrase “telecommunications code system”), there shall be substituted “network”.

Section 2 Land Drainage (Scotland) Act 1958 (c. 24)

(1) In section 17 of the Land Drainage (Scotland) Act 1958 (provision as to work involving alteration of telegraphic lines)—

(a) for “telecommunications code”, there shall be substituted “electronic communications code”; and

(b) for “telecommunication apparatus”, there shall be substituted “electronic communications apparatus”.

(2) In the Second Schedule to that Act, in paragraph 3 (temporary works), for the words from “telecommunications” to the end there shall be substituted “electronic communications apparatus kept installed for the purposes of an electronic communications code network or with the service provided by any such network.”.

Section 3 Local Government (Omnibus Shelters and Barriers) (Scotland) Act 1958 (c. 50)

In section 3 of the Local Government (Omnibus Shelters and Barriers) (Scotland) Act 1958 (supplementary provisions as to omnibus shelters, etc. )—

(a) for “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;

(b) in subsection (1), for “a telecommunications code system”, there shall be substituted “an electronic communications code network”; and

(c) for “system”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “network”.

Section 4 Flood Prevention (Scotland) Act 1961 (c. 41)

(1) The Flood Prevention (Scotland) Act 1961 shall be amended as follows.

(2) In section 3(4) (supplementary provisions as to powers of local authorities)—

(a) for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”;

(b) for “a telecommunications code system” there shall be substituted “an electronic communications code network”;

(c) for “the running of any such system” there shall be substituted “the provision of any such network”; and

(d) for “the system” there shall be substituted “the network”.

(3) In paragraph 2 of the First Schedule—

(a) for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”; and

(b) for the words from “a telecommunications” to the end there shall be substituted “an electronic communications code network or with the service provided by any such network”.

(4) In paragraph 3(1)(e) of the Second Schedule for “a telecommunications code system running”, there shall be substituted “an electronic communications code network the provision”.

Section 5 Countryside (Scotland) Act 1967 (c. 86)

(1) The Countryside (Scotland) Act 1967 shall be amended as follows.

(2) In section 11 (rights of public where access agreement or order in force), in subsection (5)(f) for “a telecommunications system”, there shall be substituted “an electronic communications network”.

(3) In section 38(7), (8) and (9) (supplementary provisions as to creation, closure and diversion of public paths)—

(a) for “telecommunications apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;

(b) for “the telecommunications code”, wherever occurring, there shall be substituted “the electronic communications code”;

(c) for “a telecommunications code system” there shall be substituted “an electronic communications code network”; and

(d) for “that system” there shall be substituted “that network”.

(4) In section 54 (byelaws), in subsection (6)—

(a) for “a telecommunications code system” there shall be substituted “an electronic communications code network”;

(b) for “the telecommunications code” there shall be substituted “the electronic communications code”; and

(c) for “such system” there shall be substituted “such network”.

Section 6 New Towns (Scotland) Act 1968 (c. 16)

(1) This paragraph applies to the following provisions of the New Towns (Scotland) Act 1968 —

(a) section 14(2) (exception to extinguishment of rights over land compulsorily acquired);

(b) section 19(1) (saving from power to override servitudes and other rights);

(c) section 24 (provisions as to telegraphic lines);

(d) section 26(8) (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers); and

(e) section 36A (application of sections 35 etc. to operators of telecommunication systems).

(2) In each of the provisions to which this paragraph applies—

(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”;

(c) for “the running of the telecommunications code system”, wherever occurring, there shall be substituted “the provision of the electronic communications code network”;

(d) for “the running of such a system”, wherever occurring, there shall be substituted “the provision of such a network”;

(e) for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”; and

(f) for “the system” and “such system” wherever occurring, there shall be substituted respectively “the network” and “such network”.

Section 7 Sewerage (Scotland) Act 1968 (c. 47)

In section 22(1) of the Sewerage (Scotland) Act 1968 (protection for statutory undertakers)—

(a) for “a telecommunications code system” there shall be substituted “an electronic communications code network”; and

(b) for “that system” there shall be substituted “that network”.

Section 8 Local Government (Scotland) Act 1973 (c. 65)

In section 50A(6)(c) of the Local Government (Scotland) Act 1973 (admission to meetings of local authorities), for the words from “telecommunications” to “system” there shall be substituted “electronic communications network, for transmitting the report by means of such a network”.

Section 9 Water (Scotland) Act 1980 (c. 45)

(1) Schedule 4 to the Water (Scotland) Act 1980 shall be amended as follows.

(2) In paragraph 4, for the words from “telecommunication” to “such system” there shall be substituted “electronic communications apparatus kept installed for the purposes of an electronic communications code network or with the service provided by any such network”.

(3) In paragraph 36(a)—

(a) for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”;

(b) for “a telecommunications code system” there shall be substituted “an electronic communications code network”; and

(c) for “the telecommunications code” there shall be substituted “the electronic communications code”.

Section 10 Roads (Scotland) Act 1984 (c. 54)

(1) This paragraph shall apply to the following provisions of the Roads (Scotland) Act 1984 —

(a) section 50 (planting of trees, shrubs and grass or other plants by roads authority);

(b) section 75 (bridges over and tunnels under navigable waters);

(c) section 78(4) (power to divert waters when constructing or improving public road etc.);

(d) section 132 (saving for operators of telecommunications code systems); and

(e) section 151(4) (interpretation).

(2) In each of the provisions to which this paragraph applies—

(a) for “the telecommunications code”, wherever occurring, there shall be substituted “the electronic communications code”;

(b) for “telecommunication apparatus” and “telecommunications apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;

(c) for “a telecommunications code system” wherever occurring, there shall be substituted “an electronic communications code network”; and

(d) for “system”, wherever occurring (except in the expressions “telecommunications code system” and “driver information system”), there shall be substituted “network”.

(3) In section 151(1) of that Act (interpretation), in the definition of “statutory undertaker”, for “telecommunications code system” there shall be substituted “electronic communications code network”.

Section 11 Housing (Scotland) Act 1987 (c. 26)

In paragraph 11 of Part II of Schedule 8 to the Housing (Scotland) Act 1987 (saving for telecommunication apparatus etc.)—

(a) for “the telecommunications code”, wherever occurring, there shall be substituted “the electronic communications code”;

(b) for “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;

(c) for “a telecommunications code system”, wherever occurring, there shall be substituted “an electronic communications code network”; and

(d) for “that system” and “such system” there shall be substituted, respectively, “that network” and “such network”.

Section 12 Enterprise and New Towns (Scotland) Act 1990 (c. 35)

In section 9(9) of the Enterprise and New Towns (Scotland) Act 1990 (saving from powers of entry)—

(a) for “the telecommunications code” there shall be substituted “the electronic communications code”;

(b) for “a telecommunications code system” there shall be substituted “an electronic communications code network”;

(c) for “telecommunication apparatus” there shall be substituted “electronic communications apparatus”; and

(d) for “such system” there shall be substituted “such network”.

Section 13 Town and Country Planning (Scotland) Act 1997 (c. 8)

(1) This paragraph applies to the following provisions of the Town and Country Planning (Scotland) Act 1997 —

(a) section 194(2) (exception to extinguishment of rights over land compulsorily acquired);

(b) section 196(3) (exception to power to override servitudes and other rights);

(c) section 205(3) (provision of amenity for road reserved to pedestrians);

(d) section 212 (telecommunication apparatus);

(e) sections 225 to 227 (extinguishment of rights of statutory undertakers etc.); and

(f) sections 232 and 233 (compensation to statutory undertakers).

(2) In the provisions to which this paragraph applies—

(a) for “a telecommunications code system” and “any telecommunications code system”, wherever occurring, there shall be substituted “an electronic communications code network”;

(b) for “the telecommunications code system”, wherever occurring (except in the expression “the running of the telecommunications code system”), there shall be substituted “the electronic communications code network”;

(c) for “the running of the telecommunications code system”, wherever occurring, there shall be substituted “the provision of the electronic communications code network”;

(d) for “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;

(e) for “telecommunications code”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “electronic communications code”; and

(f) for “system”, wherever occurring (except in the expression “telecommunications code system”), there shall be substituted “network”.

(3) In section 99(1) of that Act, in the definition of “statutory undertakers” for “public telecommunications operators” there shall be substituted “electronic communications code operators and former PTOs ”.

(4) In paragraph 1(1)(a)(ii) of Schedule 14 to that Act (blighted land), for the words from “establishment” to “system” there shall be substituted “provision by an electronic communications operator of an electronic communications code network or the provision by a former PTO of a public electronic communications network or a public electronic communications service”.

Section 14 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9)

(1) The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 shall be amended as follows—

(2) In section 46 (ending of rights over land compulsorily acquired)—

(a) for “the telecommunications code” there shall be substituted “the electronic communications code”;

(b) for “a telecommunications code system” there shall be substituted “an electronic communications code network”;

(c) for “telecommunications apparatus” there shall be substituted “electronic communications apparatus”; and

(d) for “such system” there shall be substituted “such network”.

(3) In section 81(3), in the definition of “statutory undertakers”, for “a public telecommunications operator” there shall be substituted “electronic communications operators and former PTOs”.

Section 15 Land Reform (Scotland) Act 2003 (asp2)

(1) The Land Reform (Scotland) Act 2003 shall be amended as follows.

(2) In section 32 (interpretation of Part 1), in the definition of “statutory undertaker”, for “telecommunications code system” there shall be substituted “electronic communications code network”.

(3) In Schedule 1—

(a) in paragraph 11, for “telecommunications code system” there shall be substituted “electronic communications code network”;

(b) in paragraph 12, for “telecommunications code” there shall be substituted “electronic communications code”; and

(c) in paragraph 13, for “telecommunications apparatus” there shall be substituted “electronic communications apparatus”.

Section 16 References to call boxes

(1) This paragraph applies to the following provisions —

(a) section 176(2) of the Redcar Corporation Act 1938 ;

(b) section 89(2) of the Tiverton Corporation Act 1939 ;

(c) section 101(2) of the Christchurch Corporation Act 1940 ;

(d) section 173(2) of the Ipswich Corporation Act 1948 ;

(e) section 85(2) of the Berkshire County Council Act 1953 ;

(f) section 97(2) of the Gloucestershire County Council Act 1956 ;

(g) section 96(2) of the Leicester Corporation Act 1956 ;

(h) section 70(2) of the Southampton Corporation Act 1960 ;

(i) section 41 of the Hertfordshire County Council Act 1960 ;

(j) section 30(3) of the Devon County Council Act 1961 ;

(k) section 44(2) of the Durham County Council Act 1963 ;

(l) section 14(2) of the Huntingdon and Peterborough County Council Act 1970 ;

(m) section 61(2) of the Torbay Corporation ( No. 2) Act 1971 .

(2) In any enactment to which this paragraph applies, any reference to a telephone call box provided by a public telecommunications operator, is to have effect as if it were a reference to a telephone call box provided by a provider of a public electronic communications network.

(3) Any provision contained in a local Act which is not specified in sub-paragraph (1), but is similar to any enactment so specified, shall have effect subject to the like amendment as is made by sub-paragraph (2).

Section 17 References to public telecommunications operator

In the instruments set out in the first column of the table below, in the provisions set out in the third column, for “public telecommunications operator” wherever it appears there shall be substituted “electronic communications code operator or former PTO”.

Section 18 References to telecommunications

In the instruments set out in the first column of the table below, in the provisions set out in the third column—

(a) for “telecommunications apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;

(b) for “telecommunication”, wherever occurring, there shall be substituted “electronic communications”;

(c) for “telecommunications code” wherever occurring, there shall be substituted “electronic communications code”;

(d) for “telecommunications code system”, wherever occurring, there shall be substituted “electronic communications code network”;

(e) for “telecommunications operator”, wherever occurring, there shall be substituted “operator of an electronic communications code network”.

Section 19 Definition of statutory undertaker

For paragraph (c) of the definition of “statutory undertaker” in—

(a) article 2(1) of the East Kent Light Railway Order 1993; and

(b) article 2(1) of the Wye Navigation Order 2002 ;

there shall be substituted—

(c) a provider of an electronic communications network in whose case the electronic communications code is applied by a direction under section 106 of the Communications Act 2003.

Section 20 Six Pit and Upper Bank Junction Light Railway Order 1985

In article 7 of the Six Pit and Upper Bank Junction Light Railway Order 1985, for the words “such system” there shall be substituted “such network”.

Section 21 East Lancashire Light Railway Order 1986

In article 8 of the East Lancashire Light Railway Order 1986, for the words “such system” there shall be substituted “such network”.

Section 22 Barking Barrage Order 1995

For article 3(7) of the Barking Barrage Order 1995 there shall be substituted—

(7) The Borough may install and maintain electronic communications apparatus and provide electronic communications networks on or over land, whether or not a street, for the purposes of electronic communication between any place and any part of the authorised works or between different parts of those works.

Section 23 Definition of electronic communications

(1) This paragraph applies to the following provisions—

(a) regulation 3(4) of the Petroleum Revenue Tax (Nomination Scheme for Disposals and Appropriations) Regulations 1987 ;

(b) regulation 2(1) of the Retirement Benefit Schemes (Information Powers) Regulations 1995 ;

(c) regulation 2 of the Donations to Charity by Individuals (Appropriate Declarations) Regulations 2000 ;

(d) regulation 1(2) of the Social Security (Contributions) Regulations 2001 ;

(e) paragraph 2 of Part I of Schedule 2 to the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 .

(2) In the provisions to which this paragraph applies for the definition of “electronic communications” there shall be substituted—

“electronic communications” includes any communications conveyed by means of an electronic communications network.

Section 24 Definition of electronic communication

(1) This paragraph applies to the following provisions—

(a) regulation 2 of the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990 ;

(b) regulation 2 of the Income Tax (Deposit-takers) (Interest Payments) Regulations 1990 ;

(c) regulation 12(11) of the Individual Savings Account Regulations 1998 ;

(d) regulation 4(4) of the Social Security Share Contributions (Share Options) Regulations 2001 .

(2) In the provisions to which this paragraph applies the definition of “electronic communication” shall be substituted with—

“electronic communication” includes any communication conveyed by means of an electronic communications network.

Section 25 Replacement of the term “telecommunications” with “electronic communications”

(1) This paragraph applies to the following provisions—

(a) paragraph (a)(ii) of the definition of “emergency” in regulation 2 of the Drivers' Hours (Passenger Vehicles) (Exemptions) Regulations 1970 ;

(b) regulation 2 of the Town and Country Planning (Telecommunication Networks) (Railway Operational Land) Special Development Order 1982 ;

(c) regulation 2(a)(ii) of the Drivers' Hours (Goods Vehicles) (Exemptions) Regulations 1986 ;

(d) paragraph A(i) of Schedule 2 and Paragraph A(i) of Schedule 4 to the Channel Tunnel Rail Link (Fees for Requests for Planning Approval) Regulations 1997 ;

(e) regulation 3(b) of the Local Authorities (Goods and Services) (Public Bodies) (England) (No. 4) Order 2001 .

(2) In the provisions to which this paragraph applies, for the words “telecommunications” or “telecommunication”, wherever these appear, there shall be substituted “electronic communications”.

Section 26 Forestry (Felling of Trees) Regulations 1979

For paragraph (a) of the definition of “electronic communication” in regulation 3(1) of the Forestry (Felling of Trees) Regulation 1979 there shall be substituted—

(a) by means of an electronic communications network; or

Section 27 Road Vehicles (Construction and Use) Regulations 1986

(1) The Road Vehicles (Construction and Use) Regulations 1986 shall be amended as follows.

(2) In regulation 3 in paragraph (g) of the definition of “public works vehicle” for the words “a telecommunications” to the words “Act 1984” there shall be substituted “an electronic communications code network”.

(3) In regulation 101(2)(b)(v) for the phrase “telecommunications apparatus” there shall be substituted “electronic communications apparatus”.

Section 28 Wireless Telegraphy (Content of Transmission) Regulations 1988

ln regulation 4 of the Wireless Telegraphy (Content of Transmission) Regulations 1988 , for “public telecommunication system”, there shall be substituted “public electronic communications network”.

Section 29 Overhead Lines (Exemption) Regulations 1990

In regulation 3(1)(b) of the Overhead Lines (Exemption) Regulations 1990 for the words “telecommunication apparatus” there shall be substituted “electronic communications apparatus”.

Section 30 Broadcasting Act 1990 (Independent Radio Services: Exceptions) Order 1990

In article 2(2)(c) of the Broadcasting Act 1990 (Independent Radio Services: Exceptions) Order 1990 , for the words “a telecommunication system” to “Telecommunications Act 1984”, there shall be substituted “an electronic communications network provided by a person who is a provider of a public electronic communications network”.

Section 31 The Town and Country Planning (General Permitted Development) (Scotland) Order 1992

(1) The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 shall be amended as follows.

(2) In Part 13 of Schedule 1, in Class 40—

(a) for “telecommunications line”, wherever occurring, there shall be substituted “electronic communications line”; and

(b) for “a telecommunications apparatus” there shall be substituted “an electronic communications apparatus”.

(3) In Part 20 of Schedule 1, in Class 67—

(a) for “telecommunications code system operator”, wherever occurring, there shall be substituted “electronic communications code operator”;

(b) for “telecommunication system”, wherever occurring, there shall be substituted “electronic communications network”;

(c) for “telecommunication apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”; and

(d) for “telecommunications code”, wherever occurring (except in the phrase “telecommunications code system operator”), there shall be substituted “electronic communications code”.

(4) In Part 20 of Schedule 1 (interpretation of Part 20) in the definition of “public call box”, for “a telecommunications system operator” there shall be substituted “an electronic communications code operator”.

Section 32 Town and Country Planning (General Development Procedure) (Scotland) Order 1992

In article 3(c)(vi) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 , for the words from “a telecommunication system” to “1984” there shall be substituted “an electronic communications network”.

Section 33 Town and Country Planning (Control of Advertisements) Regulations 1992

In regulation 2(1) of the Town and Country Planning (Control of Advertisements) Regulations 1992 , in the definition of “statutory undertaker” for the phrase “telecommunications code system operator” there shall be substituted “electronic communications code operator”.

Section 34 Statistics of Trade (Customs and Excise) Regulations 1992

In regulation 3(3) of the Statistics of Trade (Customs and Excise) Regulations 1992 , for the words “a telecommunications system (within the meaning of the Telecommunications Act 1984)” there shall be substituted “an electronic communications network”.

Section 35 Rail Crossing Extinguishment and Division Orders Regulations 1993

In Forms 1 and 2 in Schedule 1 to the Rail Crossing Extinguishment and Division Orders Regulations 1993 , for the phrase “Public telecommunications operator”, wherever occurring, there shall be substituted “An Electronic Communications Code Operator”.

Section 36 Conservation (Natural Habitats, & c) Regulations 1994

For paragraph (e) of regulation 29 of the Conservation (Natural Habitats, & c) Regulations 1994 , there shall be substituted—

(e) the provision of an electronic communications code network or the exercise of any right conferred by or in accordance with the electronic communications code on the provider of any such network.

Section 37 Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994

In regulation 4 of the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994 , for the words “telecommunications services”, wherever appearing, there shall be substituted “electronic communications services”.

Section 38 Town and Country Planning (General Permitted Development) Order 1995

(1) The Town and Country Planning (General Permitted Development) Order 1995 shall be amended as follows.

(2) In Class G of Part 17 of Schedule 2 for—

(a) “telecommunications line”, wherever appearing, there shall be substituted “electronic communications line”;

(b) “a telecommunications apparatus” there shall be substituted “an electronic communications apparatus”; and

(c) “telecommunications code” there shall be substituted “electronic communications code”.

(3) In Part 24 of Schedule 2 for—

(a) “telecommunication apparatus”, wherever occurring (except the definition of that term in Class A. 4), there shall be substituted “electronic communications apparatus”;

(b) “telecommunications code system operator”, wherever occurring (except the definition of that term in Class A. 4), there shall be substituted “electronic communications code operator”;

(c) “telecommunication system”, wherever occurring (except the definition of that term in Class A. 4), there shall be substituted “electronic communications network”;

(d) the words “telecommunication purposes” in Class A.2 (2)(b) there shall be substituted “electronic communications purposes”; and

(e) the words “or in accordance with his licence” wherever occurring, there shall be substituted, “in accordance with the electronic communications code”.

Section 39 Hedgerows Regulations 1997

In regulation 2 of the Hedgerows Regulations 1997 , for paragraph (c) of the definition of “relevant utility operator” there shall be substituted—

(c) any person to whom the electronic communications code is applied by a direction under section 106 of the Communications Act 2003 and who wishes to remove or, as the case may be, removes the hedgerow in question in pursuance of a right conferred by the electronic communications code.

Section 40 Broadcasting (Technical Services) Order 1997

In regulation 2 of the Broadcasting (Technical Services) Order 1997 , the reference to “telecommunications signals (as such expression is defined in section 48(6) of the Broadcasting Act 1990)” shall be replaced with “electronic signals (as defined for the purposes of section 48 of the Broadcasting Act 1990)”.

Section 41 Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997

In regulation 22 of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 for—

(a) “telecommunications apparatus”, wherever occurring, there shall be substituted “electronic communications apparatus”;

(b) “a telecommunications code system” there shall be substituted “an electronic communications code network”.

Section 42 Broadcasting Digital Terrestrial Sound (Technical Service) Order 1998

In regulation 2 of the Broadcasting Digital Terrestrial Sound (Technical Service) Order 1998 , the reference to “telecommunications signals (as such expression is defined in section 114(6) of the Broadcasting Act 1990)” shall be replaced with “electronic signals (as defined for the purposes of section 114 of the Broadcasting Act 1990)”.

Section 43 Broadcasting (Local Delivery Services) Order 1998

In paragraph 5 of Part II of the Schedule to the Broadcasting (Local Delivery Services) Order 1998 , for “public telecommunications operator” there shall be substituted “a provider of an electronic communications network or service”.

Section 44 Telecommunications (Data Protection and Privacy) Regulations 1999

(1) Regulation 30(1) of the Telecommunications (Data Protection and Privacy) Regulations 1999 shall be amended as follows.

(2) For the words “The Secretary of State”, to the words “specified in paragraph (2)”, there shall be substituted “ OFCOM shall have a duty, when exercising their functions under Chapter 1 of Part 2 of the Communications Act 2003,”.

Section 45 Telecommunications (Data Protection and Privacy) Regulations 1999

(1) In relation to times falling within the transitional period, regulation 30(1) is to have effect as if the reference in that provision to OFCOM was a reference, in accordance with section 408(3) of the Communications Act 2003, to the Director General of Telecommunications.

(2) In this paragraph, “the transitional period” has the same meaning as in section 408 of the Communications Act 2003.

Section 46 Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1999

(1) Regulation 3 of the Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1999 shall be amended as follows.

(2) In the definition of “cordless telephone apparatus” for the phrase “telecommunication system”, wherever appearing, there shall be substituted “electronic communications network”.

Section 47 Wireless Telegraphy (Licence Charges) Regulations 2002

In the definition of “base station” in regulation 3 of the Wireless Telegraphy (Licence Charges) Regulations 2002 , for paragraph (d) to the end of that definition there shall be substituted—

(d) any electronic communications network;