The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2017

• Citation: S.I. 2017/753
• Sections: 7

Section 1 Citation, commencement and application

These Regulations may be cited as the Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2017 and come into force on 7th August 2017.

Section 2 Citation, commencement and application

The amendments made by regulation 4 do not apply to notices submitted under regulation 5 of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 before the date on which these Regulations come into force.

Section 3 Amendment of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003

The Electronic Communications Code (Conditions and Restrictions) Regulations 2003 are amended as follows.

Section 4 Amendment of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003

In regulation 5—

(a) for paragraphs (1)(b) and (1)(ba) substitute—

(b) in relation to Northern Ireland, Scotland or Wales, the code operator has not given notice under regulations 6, 7 or 8 to the planning authority for the area that the code operator intends to carry out a matter specified in paragraph (1ZA) for which—

(i) the code operator is not required to obtain planning permission under the Planning Acts;

(ii) planning permission is granted under a development order; or

(ba) in relation to England, the code operator intends to carry out a matter specified in paragraph (1BA) for which—

(i) the code operator is not required to obtain planning permission under the Planning Acts; or

(ii) planning permission is granted under a development order and is not subject to the prior approval process; or

(b) before paragraph (1A), insert—

(1ZA) the matters referred to in paragraphs (1)(b) and (1)(ba) are—

(i) the installation of a cabinet, box, pillar, pedestal or similar apparatus; and

(ii) the installation, alteration or replacement of a mast.

Section 5 Amendment of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003

In regulation 20—

(a) in paragraph (1)(a), after “(“the 2016 Regulations”)”, insert “and the Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2017 (“the 2017 Regulations ”)”; and

(b) in paragraph (2)(a), after “the 2016 Regulations”, insert “and the 2017 Regulations”.

Section 6 Amendment of the Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2013

The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2013 are amended as follows.

Section 7 Amendment of the Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2013

Omit regulation 3.