The Electronic Communications Code (Jurisdiction) Regulations 2017

• Citation: S.I. 2017/1284
• Sections: 5

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Electronic Communications Code (Jurisdiction) Regulations 2017 and come into force on the day that section 4 of, and Schedule 1 to, the Digital Economy Act 2017 come fully into force.

(2) These Regulations extend to England and Wales and to Scotland.

Section 2 Interpretation

(1) In these Regulations—

“the code” means the electronic communications code set out in Schedule 3A to the Communications Act 2003;

“ Part 4A proceedings ” means proceedings under Part 4A of the code;

“relevant proceedings” means proceedings under any of the following provisions of the code—

Parts 4, 5, 6, 12 or 13, or

paragraph 53.

Section 3 Conferral of jurisdiction on tribunals

(1) Subject to ... regulation 4, the functions conferred by the code on the court are also exercisable by the following tribunals—

aa in relation to England and Wales, the First-tier Tribunal and the Upper Tribunal, and

(c) in relation to Scotland, the Lands Tribunal for Scotland,

...

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any provision of the code which confers a function on the court is, to the extent that the function is exercisable by a tribunal under this regulation, to be read as if the reference to the court included reference to that tribunal.

Section 4 Restriction on jurisdiction for commencement of certain proceedings

(1) Relevant proceedings must be commenced—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to Scotland, in the Lands Tribunal for Scotland.

(2) Part 4A proceedings must be commenced—

(a) in relation to England and Wales, in the First-tier Tribunal, or

(b) in relation to Scotland, in the sheriff court.

Section 5 Transfer of relevant proceedings to the court

(1) A tribunal referred to in regulation 3 may transfer relevant proceedings to—

(a) in relation to England or Wales, the county court, or

(b) in relation to Scotland the sheriff court,

if that tribunal considers the court to be a more appropriate forum for the determination of those proceedings.

(2) A tribunal may transfer proceedings in accordance with paragraph (1) of its own motion or on the application of a party to those proceedings.