Telecommunications Act 1984

Part I — Introductory

Entry, for exploratory purposes, on land in England and Wales.

1

• (1) The Secretary of State shall appoint an officer to be known as the Director General of Telecommunications (in this Act referred to as “the Director”) for the purpose of performing the functions assigned or transferred to the Director by or under this Act.

• (2) An appointment of a person to hold office as the Director shall not be for a term exceeding five years; but previous appointment to that office shall not affect eligibility for re-appointment.

• (3) The Director may at any time resign his office as the Director by notice in writing addressed to the Secretary of State; and the Secretary of State may remove any person from that office on the ground of incapacity or misbehaviour.

• (4) Subject to subsections (2) and (3) above, the Director shall hold and vacate office as such in accordance with the terms of his appointment.

• (5) The Director may appoint such staff as he may think fit, subject to the approval of the Treasury as to numbers and as to terms and conditions of service.

• (6) There shall be paid out of money provided by Parliament the remuneration of, and any travelling or other allowances payable under this Act to, the Director and any staff of the Director, any sums payable under this Act to or in respect of the Director and any expenses duly incurred by the Director or by any of his staff in consequence of the provisions of—

• (a) this Act;

• (b) the Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998; or

• (c) the Telecommunications (Data Protection and Privacy) Regulations 1999.

• (7) The provisions of Schedule 1 to this Act shall have effect with respect to the Director.

Abolition of British Telecommunications' exclusive privilege

2

General duties of Secretary of State and Director

3

Meaning of " telecommunication system" and related expressions

4

Part II — Provision of Telecommunication Services

Licensing etc. of telecommunication systems

Prohibition on running unlicensed systems

5

Exceptions to section 5

6

Power to license systems

7

Special provisions applicable to certain licences

8

Public telecommunication systems

9

The telecommunications code

10

Provisions supplementary to section 10

11

Modification of licences

Modification of licence conditions by agreement

12

Licence modification references to Commission

13

Reports on licence modification references

14

Modification of licence conditions following report

15

Enforcement of licences

Securing compliance with licence conditions

16

Procedural requirements

17

Validity and effect of orders

18

Register of licences and orders

19

Approvals etc. for the purposes of licences

Approval of contractors

20

Register of approved contractors

21

Approval etc. of apparatus

22

Register of approved apparatus etc.

23

Approval etc. of meters

24

Delegation of functions under sections 22 and 24

25

Grants and loans to persons exercising certain functions

26

Recognition of bodies representing consumers etc.

27

Marking etc. of telecommunication apparatus

Information etc. to be marked on or to accompany telecommunication apparatus

28

Information etc. to be given in advertisements

29

Enforcement provisions

30

Rating of telecommunications operators

Rating in England and Wales

31

• (1) In Schedule 3 to the Local Government Act 1974 (hereditaments to which section 19(1) of that Act applies) for paragraph 5A (hereditaments occupied by British Telecommunications by certain property used for the purposes of telecommunication services) there shall be substituted the following paragraph—

(5A) Any hereditament occupied by a telecommunications operator (within the meaning of the Telecommunications Act 1984) by any such property as follows, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment being property used for the purpose of providing telecommunication services.

• (2) Where an order made under the said section 19 applies to hereditaments occupied by a telecommunications operator by any such property as aforesaid, that operator shall be treated, for the purposes of the law relating to rating, as not being a public utility undertaking.

• (3) This section extends to England and Wales only.

Rating in Scotland

32

• (1) In paragraph 5 of Schedule 1 to the Local Government (Scotland) Act 1975 (lands and heritages to which section 6(1) of that Act applies and occupied by British Telecommunications by certain property used for the purposes of telecommunication services)—

• (a) for the words “British Telecommunications” there shall be substituted the words “ a telecommunications operator (within the meaning of the Telecommunications Act 1984) ”; and

• (b) for the words from “not within” to “purposes of” there shall be substituted the words “ , being property used for the purpose of providing ”.

• (2) This section extends to Scotland only.

Rating in Northern Ireland

33

Acquisition etc. of land by public telecommunications operators

Compulsory purchase of land in England and Wales

34

Compulsory purchase of land in Scotland

35

Compulsory purchase of land in Northern Ireland

36

Entry, for exploratory purposes, on land in England and Wales

37

Entry, for exploratory purposes, on land in Scotland

38

Entry, for exploratory purposes, on land in Northern Ireland

39

Acquisition of land by agreement

40

Purchase of Duchy of Lancaster land

41

Offences

Fraudulent use of telecommunication system

42

Improper use of public telecommunication system

43

Modification etc. of messages 45. Interception and disclosure of messages etc.

44

Interception and disclosure of messages etc.

45

Assaults etc. on persons engaged in the business of public telecommunications operator

46

Part III — Other Functions of Director

General functions

47

Publication of information and advice

48

Investigation of complaints

49

Functions under 1973 and 1980 Acts

50

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The functions to which subsection (2A) below applies shall be concurrent functions of the Director and the Office of Fair Trading.

• (2A) This subsection applies to the functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to commercial activities connected with telecommunications.

• (2B) So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the Act of 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) shall be construed as including references to the Director (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).

• (3) The Director shall be entitled to exercise, concurrently with the Office of Fair Trading, the functions of the Office of Fair Tradingunder the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

• (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

• (b) conduct of the kind mentioned in section 18(1) of that Act,

which relate to commercial activities connected with telecommunications.

• (3A) So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Office of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

• (4) Before the Office of Fair Trading or the Director first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.

• (4A) Neither the Office of Fair Trading nor the Director shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.

• (5) It shall be the duty of the Director, for the purpose of assisting the Commission in carrying out an investigation on a reference made to them by the Director by virtue of subsection (2) . . . above, to give to the Commission—

• (a) any information which is in his possession and which relates to matters falling within the scope of the investigation, and which is either requested by the Commission for that purpose or is information which in his opinion it would be appropriate for that purpose to give to the Commission without any such request; and

• (b) any other assistance which the Commission may require, and which it is within his power to give, in relation to any such matters,

and the Commission, for the purposes of carrying out any such investigation, shall take into account any information given to them for that purpose under this subsection.

• (6) If any question arises in any particular case as to the jurisdiction of the Director under any of the provisions mentioned insubsection (2A) or (3) above . . . . . ., that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—

• (a) Part 4 of the Enterprise Act 2002; or

• (b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),

by or in relation to the Director on the ground that it should have been done by or in relation to the Office of Fair Trading.

• (6A) Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Director by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to the Director.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-ordination of functions under Part II and wireless telegraphy functions

51

Power to give assistance in relation to certain proceedings

52

Power to require information etc.

53

Power to establish advisory bodies

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual and other reports

55

• (1) The Director shall, as soon as practicable after the end of the year 1984 and of each subsequent calendar year, make to the Secretary of State a report on—

• (a) his activities during that year; and

• (b) the Commission’s activities during that year so far as relating to references made by him.

• (2) Every such report shall include—

• (a) a general survey of developments, during the year to which it relates, in respect of matters falling within the scope of the Director’s functions (including, in particular, those affecting small businesses or persons who are disabled or of pensionable age); and

• (b) the reports which the advisory bodies established under section 54(1) or (4) above make to him on their activities during that year.

• (3) The Secretary of State shall lay a copy of every report made by the Director under subsection (1) above before each House of Parliament, and shall arrange for every such report to be published in such manner as he may consider appropriate.

• (4) The Director may also prepare such other reports as appear to him to be expedient with respect to such matters as are mentioned in subsection (2) above and may arrange for any such report to be published in such manner as he may consider appropriate.

• (5) In making any report under this section the Director shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 48(2)(a) and (b) above.

Part IV — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cable programme services

56–59

Prohibition on unlicensed cable programme services

57

• (1) Subject to any exceptions for which provision is made by order of the Secretary of State, a person who provides a cable programme service shall be guilty of an offence unless he is authorised to provide the service by a licence granted under section 58 below.

• (2) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine.

• (3) No proceedings in respect of an offence under this section shall be instituted—

• (a) in England and Wales, except by or with the consent of the Director of Public Prosecutions ;

• (b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

• (4) Without prejudice to subsection (2) above, compliance with this section shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.

Power to license cable programme services

58

• (1) A licence may be granted by the Secretary of State, subject to such terms, provisions and limitations as he may think fit, for the provision of such cable programme services as are specified in the licence or are of a description so specified.

• (2) A licence granted under this section shall be in writing and, unless previously revoked by the Secretary of State, shall continue in force for such period as may be specified in the licence.

• (3) A licence granted under this section may be revoked, or the terms, provisions or limitations thereof varied, by a notice in writing of the Secretary of State served on the holder of the licence or by a general notice applicable to licences of the class to which the licence in question belongs published in such manner as may be specified in the licence.

• (4) At such times and in such circumstances as may be prescribed by or determined under regulations made by the Secretary of State with the consent of the Treasury, such sums as may be so prescribed or determined shall be paid to the Secretary of State by the person to whom a licence under this section is granted.

• (5) Different provision may be made by regulations under subsection (4) above in relation to different licences, according to the nature, terms, provisions, limitations and duration thereof.

• (6) The Secretary of State shall have power to make, in such cases or classes of cases as the Treasury may determine, refunds of sums received by him under subsection (4) above.

• (7) A payment made in exercise of the power conferred by subsection (6) above shall be defrayed out of sums received by the Secretary of State under subsection (4) above.

• (8) The surplus of sums received under subsection (4) above over sums paid in exercise of the power conferred by subsection (6) above shall from time to time be paid into the Consolidated Fund.

• (9) Regulations under subsection (4) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Entry and search of premises

59

• (1) If a justice of the peace is satisfied by information on oath—

• (a) that there is reasonable ground for suspecting that an offence under section 57 above has been, or is being, committed; and

• (b) that evidence of the commission of the offence is to be found on any premises specified in the information,

he may grant a search warrant conferring power on any person or persons authorised in that behalf by the Secretary of State and named in the warrant to enter and search the premises specified in the information at any time within one month from the date of the warrant.

• (2) A person who intentionally obstructs a person in the exercise of powers conferred on him under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (3) A person who discloses, otherwise than for the purposes of this Part or of a report of proceedings under it, any information obtained by means of an exercise of powers conferred by this section, being information relating to a manufacturing process or trade secret, shall be guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

• (4) In the application of this section to Scotland, for the reference to a justice of the peace there shall be substituted a reference to the sheriff and for any reference to information on oath there shall be substituted a reference to evidence on oath.

• (5) In the application of this section to Northern Ireland, for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate and for any reference to information on oath there shall be substituted a reference to complaint on oath.

Part V — Transfer of Undertaking of British Telecommunications

Vesting of property etc. of British Telecommunications in a company nominated by the Secretary of State

Vesting of property etc. of British Telecommunications in a company nominated by the Secretary of State

60

Initial Government holding in the successor company

61

• (1) As a consequence of the vesting in the successor company by virtue of section 60 above of property, rights and liabilities of British Telecommunications, the successor company shall issue such securities of the company as the Secretary of State may from time to time direct—

• (a) to the Secretary of State; or

• (b) to any person entitled to require the issue of the securities following their initial allotment to the Secretary of State.

• (2) The Secretary of State shall not give a direction under subsection (1) above at a time when the successor company has ceased to be wholly owned by the Crown.

• (3) Securities required to be issued in pursuance of this section shall be issued or allotted at such time or times and on such terms (as to allotment) as the Secretary of State may direct.

• (4) Shares issued in pursuance of this section—

• (a) shall be of such nominal value as the Secretary of State may direct; and

• (b) shall be issued as fully paid and treated for the purposes of the Companies Act 1985 as if they had been paid up by virtue of the payment to the successor company of their nominal value in cash.

• (5) The Secretary of State may not exercise any power conferred on him by this section, or dispose of any securities issued or of any rights to securities initially allotted to him in pursuance of this section, without the consent of the Treasury.

• (6) Any dividends or other sums received by the Treasury or the Secretary of State in right of or on the disposal of any securities or rights acquired by virtue of this section shall be paid into the Consolidated Fund.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conversion of certain loans transferred to the successor company

62

Government investment in securities of the successor company

63

• (1) The Treasury or, with the consent of the Treasury, the Secretary of State may at any time, acquire—

• (a) securities of the successor company or of any subsidiary of the successor company; or

• (b) rights to subscribe for any such securities.

• (2) The Secretary of State may not dispose of any securities or rights acquired under this section without the consent of the Treasury.

• (3) Any expenses incurred by the Treasury or the Secretary of State in consequence of the provisions of this section shall be paid out of money provided by Parliament.

• (4) Any dividends or other sums received by the Treasury or the Secretary of State in right of, or on the disposal of, any securities or rights acquired under this section shall be paid into the Consolidated Fund.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of Secretary of State's functions through nominees

64

Target investment limit for Government shareholding

65

Financial structure of successor company

66

Temporary restrictions on successor company's borrowings etc.

67

Liability of Secretary of State in respect of liabilities vesting in successor company

68

• (1) This section applies where—

• (a) a resolution has been passed, in accordance with the Insolvency Act 1986, for the voluntary winding up of the successor company, otherwise than merely for the purpose of reconstruction or amalgamation with another company; or

• (b) without any such resolution having been passed beforehand, an order has been made for the winding up of the successor company by the court under that Act.

• (2) The Secretary of State shall become liable on the commencement of the winding up to discharge any outstanding liability of the successor company for the payment of pensions which vested in that company by virtue of section 60 above.

• (3) Any sums required by the Secretary of State for discharging any liability imposed on him by this section shall be paid out of money provided by Parliament.

• (4) Where the Secretary of State makes a payment to any person in discharge of what appears to him to be a liability imposed on him by this section, he shall thereupon become a creditor of the successor company to the extent of the amount paid, his claim being treated for the purposes of the winding up as a claim in respect of the original liability.

• (5) Any sums received by the Secretary of State in respect of any claim made by virtue of subsection (4) above in the winding up of the successor company shall be paid into the Consolidated Fund.

• (6) The reference in subsection (2) above to the commencement of the winding up is a reference—

• (a) in a case within subsection (1)(a) above, to the passing of the resolution; and

• (b) in a case within subsection (1)(b) above, to the making of the order.

Dissolution of British Telecommunications

69

Miscellaneous and supplemental

Application of law in relation to offer of shares or debentures of the successor company

70

Application of Trustee Investments Act 1961 in relation to investment in the successor company

71

Tax provisions

72

• (1) Subject to subsection (2) below and paragraph 39 of Schedule 5 to this Act, the successor company shall be treated for all purposes of corporation tax and development land tax as if it were the same person as British Telecommunications.

• (2) The successor company shall not by virtue of subsection (1) above be regarded as a body falling within section 170(12) of the Taxation of Chargeable Gains Act 1992 (bodies established for carrying on industries or undertakings under national ownership or control) or subsection (10) of section 23 of the Development Land Tax Act 1976 (statutory undertakers); and subsection (1) above shall not be regarded as preventing the vesting in the successor company of an interest of British Telecommunications constituting a disposal for the purposes of the said section 23.

• (3) Where, in the discharge of any liability which is vested in the successor company by this Act, the successor company makes payments to a retirement benefits scheme with a view to the provision of relevant benefits for persons who are employees of the Post Office, the Tax Acts shall have effect in relation to those payments—

• (a) as if those persons were employees of the successor company; and

• (b) where the scheme is an exempt approved scheme, as if section 592(5) of the Income and Corporation Taxes Act 1988 were omitted;

and in this subsection expressions which are also used in Chapter I of Part XIV of that Act have the same meanings as in that Chapter.

• (4) The vesting in the successor company by virtue of section 60 above of liability for any loan made to British Telecommunications shall not affect any direction in respect of the loan which has been given by the Treasury under section 581 of the Income and Corporation Taxes Act 1988 (income tax exemption for interest on foreign currency securities).

• (5) If the transfer date falls before the end of the period of three years beginning with 1st October 1981, then, for the purposes of section 29 of the Value Added Tax Act 1983 (value added tax: group registration) the successor company, the Post Office and any bodies corporate resident in the United Kingdom which are subsidiaries of either of those bodies shall be eligible to be treated as members of a group from that date until the end of that period; and where, by virtue of this subsection, two or more bodies are so treated, the Commissioners of Customs and Excise shall, as soon as practicable after the end of that period, terminate that treatment from such date as may be specified in the notice.

Interpretation of Part V

73

Part VI — Provisions Relating to Wireless Telegraphy

Amendment and enforcement of Wireless Telegraphy Acts

Restriction on revocation or variation of certain wireless telegraphy licences

74

Alteration of penalties and mode of trial for certain offences under the 1949 Act

75

• (1) The following offences under the 1949 Act shall be triable on indictment as well as summarily, that is to say—

• (a) any offence under section 5(a) of that Act (sending false or misleading messages likely to prejudice the efficiency of any safety of life service, etc.); and

• (b) any offence under section 13 of that Act (using any apparatus for the purpose of interfering with wireless telegraphy).

• (2) Schedule 3 to this Act shall have effect for the purpose of—

• (a) incorporating the amendment made by subsection (1) above and certain other amendments made as respects Great Britain by the Criminal Justice Act 1982 in the text of section 14 of the 1949 Act (which gives the penalties for offences under that Act) as that section has effect both in Great Britain and in Northern Ireland; and

• (b) making certain other amendments of that section as it so has effect;

and for other connected purposes.

• (3) Nothing in this section or in any provision of Schedule 3 to this Act—

• (a) shall affect the mode of trial in proceedings for an offence commenced before the date on which this section comes into force; or

• (b) shall render a person liable in respect of an offence committed before that date to a punishment more severe than the punishment applicable in the case of that offence immediately before that date;

but except as provided above in this subsection the provisions of section 14 of the 1949 Act, as amended by Schedule 3 to this Act and by section 82 below, shall have effect in relation to any conviction on or after that date of an offence under that Act.

Arrest without warrant for certain offences under the 1949 Act

76

• (1) This section applies to—

• (a) any indictable offence under the 1949 Act; and

• (b) any offence under section 1(1) of that Act other than one consisting in the installation or use, otherwise than under and in accordance with a wireless telegraphy licence, of any apparatus not designed or adapted for emission (as opposed to reception).

• (2) A constable may arrest without warrant a person who has committed, or whom the constable with reasonable cause suspects to have committed, an offence to which this section applies, if the name and address of that person are unknown to, and cannot be ascertained by, the constable or the constable has reasonable grounds for doubting—

• (a) whether a name and address furnished by that person as his name and address are his real name and address; or

• (b) whether that person will be at an address furnished by him for a sufficiently long period for it to be possible to serve him with a summons.

• (3) The preceding provisions of this section do not apply to Scotland.

• (4) This section shall not prejudice any power of arrest conferred by law apart from this section.

Substitution of new section for section 7 of the 1967 Act

77

• (1) The following section shall be substituted for section 7 of the 1967 Act (restriction on manufacture or importation of certain apparatus)—

(7) (1) This section applies to wireless telegraphy apparatus and to any apparatus designed or adapted for use in connection with wireless telegraphy apparatus. (2) Where it appears to the Secretary of State to be expedient to do so for the purpose of preventing or reducing the risk of interference with wireless telegraphy, he may make an order applying restrictions under this section in relation to apparatus to which this section applies of any class or description specified in the order. (3) Any of the following actions in relation to any such apparatus is subject to restriction under this section— (a) manufacture (whether or not for sale); (b) selling or offering for sale, letting on hire or offering to let on hire, or indicating (whether by display of the apparatus or by any form of advertisement) one’s willingness to sell or let on hire; (c) having in one’s custody or control; and (d) importation. (4) An order under this section shall specify such of the actions subject to restriction under this section as are restricted by the order in the case of apparatus of any class or description specified in the order. (5) Any action for the time being restricted by an order under this section in the case of any apparatus is prohibited by this section— (a) save with the authority of the Secretary of State and subject to compliance with any terms and conditions attached by the Secretary of State to that authority; or (b) in the case of action within subsection (3)(c) above, save as mentioned in paragraph (a) above or as otherwise authorised by law apart from this section. (6) An authority given by the Secretary of State for the purposes of this section in the case of apparatus of any class or description specified in an order under this section may be limited— (a) to such of the actions restricted by the order; and (b) to such subsidiary class or description of apparatus within the class or description specified in the order; as may be specified in the authority. (7) Any terms or conditions attached by the Secretary of State to any authority under this section for manufacture or importation may relate to a period after, as well as to the time of, or a period before, the manufacture or importation. (8) The Secretary of State’s authority may be given, and any terms or conditions may be attached to it, either generally by means of a notice in the London Gazette or by an instrument in writing issued to each person authorised to do, in relation to apparatus of any class or description to which an order under this section relates, anything for the time being restricted by the order; and any such notice published in the London Gazette shall also be published in the Edinburgh Gazette and the Belfast Gazette. (9) The Secretary of State shall not make any order under this section or give any authority for the purposes of this section or attach any term or condition to any such authority, unless the Secretary of State is satisfied that the order, authority, term or condition in question is compatible with the international obligations of the United Kingdom; and where any statutory instrument containing such an order or any notice or instrument in writing giving such an authority or attaching any term or condition to such an authority contains a statement that the Secretary of State is so satisfied, that statement shall be evidence (and, in Scotland, sufficient evidence) of that fact. (10) Where the importation of apparatus of any class or description to which this section applies is for the time being restricted by an order under this section, a person commissioned by the Commissioners of Customs and Excise may require any person having custody or control of any apparatus of that class or description which is being or has been imported to furnish proof that the importation of the apparatus is or was not unlawful by virtue of this section; and if such proof is not furnished to the satisfaction of those Commissioners the apparatus shall be deemed, unless the contrary is proved, to be prohibited goods, and shall be liable to forfeiture under the Customs and Excise Management Act 1979. (11) Any person who— (a) takes any action within subsection (3)(a) or (b) above in relation to any apparatus in contravention of subsection (5) above; or (b) without reasonable excuse has any apparatus in his custody or control in contravention of that subsection; or (c) contravenes or fails to comply with any terms or conditions attached to any authority given by the Secretary of State for the purposes of this section (whatever the action to which that authority relates); shall, without prejudice to any liability to a penalty which he may have incurred under the Act of 1979 mentioned above, be guilty of an offence under the principal Act. (12) For the avoidance of doubt, it is hereby declared that in this section “manufacture” includes construction by any method and the assembly of component parts.

.

• (2) Any order made under section 7 of the 1967 Act which is in force immediately before this section comes into force shall have effect—

• (a) as if made under the new section 7 substituted by subsection (1) above; and

• (b) as if it restricted, in the case of wireless telegraphy apparatus of any class or description specified in the order, the actions mentioned in subsection (3)(a) and (d) of the new section;

(and any such order may accordingly be varied or revoked by an order made under the new section).

Regulations with respect to resistance to interference

78

Seizure of apparatus and other property used in committing certain offences under the 1949 Act

79

• (1) This section applies to—

• (a) any indictable offence under the 1949 Act;

• (b) any offence under section 1(1) of that Act other than one consisting in the installation or use, otherwise than under and in accordance with a wireless telegraphy licence, of any apparatus not designed or adapted for emission (as opposed to reception);

• (bza) any offence under section 1A of that Act other than one where the relevant contravention of section 1 of that Act would constitute an offence so consisting;

• (ba) any offence under section 5(b) of that Act;

• (bb) any offence under the Marine, &c., Broadcasting (Offences) Act 1967; and

• (c) any offence under section 7 of the 1967 Act.

• (2) Where—

• (a) a search warrant is granted under section 15(1) of the 1949 Act (entry and search of premises, etc.); and

• (b) the suspected offence (or any of the suspected offences) is an offence to which this section applies;

the warrant may authorise any person authorised by OFCOM to exercise the power conferred by this subsection to seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing found in the course of the search carried out in pursuance of the warrant which appears to him . . . to have been used in connection with or to be evidence of the commission of any such offence.

• (3) If a constable or any person authorised by OFCOM to exercise the power conferred by this subsection has reasonable grounds to suspect that an offence to which this section applies has been or is being committed, he may seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing which appears to him to have been used in connection with or to be evidence of the commission of any such offence.

• (4) Nothing in this section shall prejudice any power to seize or detain property which is exercisable by a constable apart from this section.

• (4A) Without prejudice to any power exercisable by him apart from this subsection, a person authorised by OFCOM to exercise any power conferred by this section may use reasonable force, if necessary, in the exercise of that power.

• (5) Any person who intentionally obstructs any person in the exercise of the power conferred on him under subsection (3) above shall be guilty of an offence under the 1949 Act.

• (6) References in this section to relevant proceedings are references to—

• (a) any proceedings for an offence to which this section applies; and

• (b) any proceedings for forfeiture under Schedule 7 to the Communications Act 2003 .

Proceedings in England and Wales or Northern Ireland for forfeiture of restricted apparatus

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings in Scotland for forfeiture of restricted apparatus

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments with respect to forfeiture on conviction

82

The following subsections shall be substituted for subsection (3) of section 14 of the 1949 Act (forfeiture of wireless telegraphy apparatus used in commission of certain offences)—

(3) Where a person is convicted of— (a) an offence under this Act consisting in any contravention of any of the provisions of Part I of this Act in relation to any station for wireless telegraphy or any wireless telegraphy apparatus or in the use of any apparatus for the purpose of interfering with any wireless telegraphy; or (b) any offence under section 12A of this Act; or (c) any offence under this Act which is an offence under section 7 of the Wireless Telegraphy Act 1967 (whether as originally enacted or as substituted by section 77 of the Telecommunications Act 1984); the court may, in addition to any other penalty, order all or any of the apparatus of the station, or (as the case may be) of the apparatus in connection with which the offence was committed, to be forfeited to the Secretary of State. The power conferred by virtue of paragraph (a) or (c) above does not apply to wireless telegraphy apparatus not designed or adapted for emission (as opposed to reception). (3A) Without prejudice to the operation of subsection (3) of this section in relation to any other apparatus, where a person is convicted of an offence under this Act involving restricted apparatus, the court shall order the apparatus to be forfeited to the Secretary of State unless the accused or any person claiming to be the owner of or otherwise interested in the apparatus shows cause why the apparatus should not be forfeited. Apparatus is restricted apparatus for the purposes of this subsection if custody or control of apparatus of any class or description to which it belongs is for the time being restricted by an order under section 7 of the Wireless Telegraphy Act 1967. (3B) Apparatus may be ordered to be forfeited under this section notwithstanding that it is not the property of the person by whom the offence giving rise to the forfeiture was committed, and any apparatus ordered to be forfeited under this section may be disposed of by the Secretary of State in such manner as he thinks fit. (3C) Subsections (3) to (3B) of this section have effect notwithstanding anything in section 140 of the Magistrates’ Courts Act 1980 or Article 58 of the Magistrates’ Courts (Northern Ireland) Order 1981. (3D) The court by whom any apparatus is ordered to be forfeited under this section may also order the person by whom the offence giving rise to the forfeiture was committed not to dispose of that apparatus except by delivering it up to the Secretary of State within forty-eight hours of being so required by him. (3E) If a person against whom an order is made under subsection (3D) of this section contravenes that order or fails to deliver up the apparatus to the Secretary of State as required he shall be guilty of a further offence under this Act which, for the purpose of determining the appropriate penalty in accordance with the provisions of this section relating to penalties (whether as originally enacted or as substituted by paragraph 1 of Schedule 3 to the Telecommunications Act 1984), shall be treated as an offence under the same provision as the offence for which the forfeiture was ordered.

.

Disposal of apparatus and other property seized by virtue of section 79

83

• (1) Any property seized by a person authorised by the OFCOM in pursuance of a warrant under section 15(1) of the 1949 Act or in exercise of the power conferred by section 79(3) above may be detained—

• (a) until the end of the period of six months beginning with the date of the seizure; or

• (b) if proceedings for an offence to which section 79 above applies involving that property or proceedings for forfeiture of that property under Schedule 7 to the Communications Act 2003 are instituted within that period, until the conclusion of those proceedings.

• (2) After the end of the period for which its detention is authorised by virtue of subsection (1) above, any such property which—

• (a) remains in the possession of OFCOM; and

• (b) has not been ordered to be forfeited under section 14 of the 1949 Act (which includes provision for forfeiture of wireless telegraphy apparatus used in the commission of certain offences) or under Schedule 7 to the Communications Act 2003;

shall be dealt with in accordance with the following provisions of this section (and references in those provisions to the relevant property are references to any property to which this subsection applies).

• (3) OFCOM shall take reasonable steps to deliver the relevant property to any person appearing to them to be its owner.

• (4) Where the relevant property remains in the possession of OFCOM after the end of the period of one year immediately following the end of the period for which its detention is authorised by subsection (1) above, OFCOM may dispose of it in such manner as they think fit.

• (5) The delivery of the relevant property in accordance with subsection (3) above to any person appearing to OFCOM to be its owner shall not affect the right of any other person to take legal proceedings against the person to whom it is delivered or against anyone subsequently in possession of the property for the recovery of the property.

Approvals

Approval of wireless telegraphy apparatus etc.

84

• (1) Where any of the following instruments, namely—

• (a) any licence granted under section 1 of the 1949 Act (licensing of wireless telegraphy),

• (b) any regulations made under that section,

• (c) any regulations made under section 10 of that Act (regulations as to radiation of electro-magnetic energy etc.),

• (d) any order made under section 7 of the 1967 Act (restriction on dealings in and custody of certain apparatus), or

• (e) any authority given for the purposes of that section,

contains any provision which is framed by reference to relevant apparatus for the time being approved under this section for the purposes of that instrument, such apparatus may be approved for those purposes by the relevant authority.

In this subsection “relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus.

• (2) A person applying for an approval under this section may be required by the relevant authority to comply with such requirements as the relevant authority may think appropriate; and those requirements may include a requirement to satisfy some other person with respect to any matter.

• (3) An approval under this section may apply either to particular apparatus or to any apparatus of a description specified in the approval, and may so apply either for the purposes of a particular instrument falling within any of paragraphs (a) to (e) of subsection (1) above or for the purposes of instruments falling within any of those paragraphs of a description so specified.

• (4) An approval under this section may specify conditions which must be complied with if the approval is to apply, for any purposes specified in the approval, to any apparatus which is so specified or is of a description so specified, and any such condition may impose on the person to whom the approval is given a requirement from time to time to satisfy any person with respect to any matter.

• (5) The relevant authority may at any time vary or withdraw any approval given by the relevant authority under this section.

• (6) A person appointed by the relevant authority may exercise any function conferred on the relevant authority by the preceding provisions of this section to such extent and subject to such conditions as may be specified in the appointment.

• (7) The relevant authority may by order provide for the charging of fees in respect of the exercise of any function in pursuance of this section by or on behalf of the relevant authority; and an appointment under subsection (6) above may authorise the person appointed to retain any fees received by him in pursuance of any such order.

• (8) Nothing in subsection (7) above shall preclude a person (not being the relevant authority or a person acting on the relevant authority's behalf) by whom any matter falls to be determined for the purposes of any requirement imposed in pursuance of subsection (2) or (4) above from charging any fee in respect of the carrying out of any test or other assessment made by him.

• (8A) Subject to subsection (8B), in this section “the relevant authority” means—

• (a) in such cases as may be specified in an order made by the Secretary of State, the Secretary of State; and

• (b) in any other case, OFCOM.

• (8B) Where an application for the purposes of this section is made to the Secretary of State or OFCOM and it appears to the person to whom it is made that it should have been made to the other—

• (a) that person shall refer the application to the other; and

• (b) the application shall be proceeded with as if made to the person to whom it is referred.

• (9) Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.

Marking etc. of apparatus

Information etc. to be marked on or to accompany apparatus

85

• (1) Where it appears to OFCOM expedient that any description of relevant apparatus should be marked with or accompanied by any information or instruction relating to the apparatus or its installation or use, OFCOM may by order—

• (a) impose requirements for securing that relevant apparatus of that description is so marked or accompanied, and

• (b) regulate or prohibit the supply of any such apparatus with respect to which the requirements are not complied with;

and the requirements may extend to the form and manner in which the information or instruction is given.

• (2) An order under this section may, in the case of apparatus supplied in circumstances where the information or instruction required by the order would not be conveyed until after delivery, require the whole or part thereof to be also displayed near the apparatus.

• (3) Where an order under this section is in force with respect to relevant apparatus of any description, any person who, in the course of any trade or business, supplies or offers to supply relevant apparatus of that description in contravention of the order shall, subject to section 87 below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (4) For the purposes of this section a person exposing relevant apparatus for supply or having such apparatus in his possession for supply shall be deemed to offer to supply it.

• (5) In this section and section 86 below—

• (a) “relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus; and

• (b) “supply” shall have the same meaning as it has in Part II of the Consumer Protection Act 1987.

Information etc. to be given in advertisements

86

• (1) Where it appears to OFCOM expedient that any description of advertisements of relevant apparatus should contain or refer to any information relating to the apparatus or its installation or use, OFCOM may by order impose requirements as to the inclusion of the information, or an indication of the means by which it may be obtained, in advertisements of that description.

• (2) An order under this section may specify the form and manner in which any information or indication required by the order is to be included in advertisements of any description.

• (3) Where an advertisement of any relevant apparatus which is to be supplied in the course of any trade or business fails to comply with any requirement imposed under this section, any person who publishes the advertisement shall, subject to section 87 below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (4) Section 85(5) above applies for the purposes of this section; and in this section “advertisement” includes a catalogue, a circular and a price list.

Offences under section 85 or 86 due to default of third person

87

• (1) Where the commission by any person of an offence under section 85 or 86 above is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.

• (2) In any proceedings for an offence under either of those sections it shall, subject to subsection (3) below, be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

• (3) Where the defence provided by subsection (2) above involves an allegation that the commission of the offence was due to the act of default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

• (4) In any proceedings for an offence under section 86 above it shall be a defence for the person charged to prove that he is a person whose business it is to publish or arrange for the publication of advertisements and that he received the advertisement for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under that section.

Miscellaneous and supplemental

Wireless telegraphy functions of Director

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of advisory committee

89

The committee established under section 9(1)(a) of the 1949 Act (the advisory committee on interference with wireless telegraphy is hereby abolished; and the provisions of that Act relating to that committee shall accordingly cease to have effect.

Radio interference service

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Construction of references to conclusion of proceedings

91

• (1) Where proceedings for an offence to which section 79 above applies or for the forfeiture of any apparatus under Schedule 7 to the Communications Act 2003 have been terminated by any decision of a description against which an appeal will lie (whether by way of case stated or otherwise and whether with or without leave), those proceedings shall not be regarded as concluded for the purposes of section 83(1)(b) above—

• (a) until the end of the ordinary time for appeal against that decision, if no appeal proceedings in respect of it are brought within that time; or

• (b) if any such proceedings are so brought, until the conclusion of the appeal proceedings.

• (2) Subsection (1) above shall apply for determining, for the purposes of paragraph (b) of that subsection . . . , when any appeal proceedings are concluded as it applies for determining when original proceedings . . . are concluded.

• (3) References in subsection (1) above, as it applies in relation to any proceedings, to a decision terminating those proceedings, include references to any verdict, sentence, finding or order which puts an end to those proceedings.

• (4) References in this section . . . to appeal proceedings include references to an application for leave to appeal.

Interpretation of Part VI and minor amendments

92

• (1) In this Part—

• “the 1949 Act” means the Wireless Telegraphy Act 1949;

• “the 1967 Act” means the Wireless Telegraphy Act 1967; and

• “wireless telegraphy”, “wireless telegraphy apparatus”, “emission” and “interference” have the same meanings as in the 1949 Act.

• (2) In section 15(4) of the 1949 Act (obstruction of search and seizure powers, etc.)—

• (a) in paragraph (a) the word “ intentionally ” shall be inserted before the word “obstructs”; and

• (b) in paragraph (b) the words “ without reasonable excuse ” shall be inserted before the words “fails or refuses”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In paragraph 6 of Schedule 2 to the 1949 Act (rules of procedure for appeal tribunal to be made by tribunal) for the words from “by the tribunal” to the end of the paragraph there shall be substituted the words “ by the Secretary of State by statutory instrument. ”.

Part VII — Miscellaneous and Supplemental

Miscellaneous

Grants to promote interests of disabled persons

93

Directions in the interests of national security etc.

94

• (1) The Secretary of State may, after consultation with a person to whom this section applies, give to that person such directions of a general character as appear to the Secretary of State to be necessary in the interests of national security or relations with the government of a country or territory outside the United Kingdom.

• (2) If it appears to the Secretary of State to be necessary to do so in the interests of national security or relations with the government of a country or territory outside the United Kingdom, he may, after consultation with a person to whom this section applies, give to that person a direction requiring him (according to the circumstances of the case) to do, or not to do, a particular thing specified in the direction.

• (2A) The Secretary of State shall not give a direction under subsection (1) or (2) unless he believes that the conduct required by the direction is proportionate to what is sought to be achieved by that conduct.

• (3) A person to whom this section applies shall give effect to any direction given to him by the Secretary of State under this section notwithstanding any other duty imposed on him by or under Part 1 or Chapter 1 of Part 2 of the Communications Act 2003 and, in the case of a direction to a provider of a public electronic communications network, notwithstanding that it relates to him in a capacity other than as the provider of such a network.

• (4) The Secretary of State shall lay before each House of Parliament a copy of every direction given under this section unless he is of opinion that disclosure of the direction is against the interests of national security or relations with the government of a country or territory outside the United Kingdom, or the commercial interests of any person.

• (5) A person shall not disclose, or be required by virtue of any enactment or otherwise to disclose, anything done by virtue of this section if the Secretary of State has notified him that the Secretary of State is of the opinion that disclosure of that thing is against the interests of national security or relations with the government of a country or territory outside the United Kingdom, or the commercial interests of some other person.

• (6) The Secretary of State may, with the approval of the Treasury, make grants to providers of public electronic communications networks for the purpose of defraying or contributing towards any losses they may sustain by reason of compliance with the directions given under this section.

• (7) There shall be paid out of money provided by Parliament any sums required by the Secretary of State for making grants under this section.

• (8) This section applies to OFCOM and to providers of public electronic communications networks.

Orders under the 1973 and 1980 Acts

95

Prohibitions and restrictions applying to lessees with respect to telecommunications

96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contributions by local authorities towards provision of facilities

97

Use of certain conduits for telecommunication purposes

98

• (1) The functions of an authority with control of a relevant conduit shall include the power—

• (a) to carry out, or to authorise another person to carry out, any works in relation to that conduit for or in connection with the installation, maintenance, adjustment, repair or alteration of electronic communications apparatus;

• (b) to keep electronic communications apparatus installed in that conduit or to authorise any other person to keep electronic communications apparatus so installed;

• (c) to authorise any person to enter that conduit to inspect electronic communications apparatus kept installed there;

• (d) to enter into agreements, on such terms (including terms as to the payments to be made to the authority) as it thinks fit, in connection with the doing of anything authorised by or under this section; and

• (e) to carry on an ancillary business consisting in the making and carrying out of such agreements.

• (2) Where any enactment or subordinate legislation expressly or impliedly imposes any limitation on the use to which a relevant conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or under this section.

• (3) Where the doing by an authority with control of a public sewer of anything authorised by this section would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or keeping of apparatus, wholly inside a public sewer.

• (4) Subject to subsections (2) and (3) above, subsection (1) above is without prejudice to the rights of any person with an interest in land on, under or over which a relevant conduit is situated.

• (5) Without prejudice to subsections (1) to (4) above, the Secretary of State may by order provide for any local Act under or in accordance with which any conduits (whether or not relevant conduits) are kept installed in streets to be amended in such manner as appears to him requisite or expedient for securing—

• (a) that there is power for those conduits to be used for the purposes of any electronic communications network or of any electronic communications service;

• (b) that the terms (including terms as to payment) on which those conduits are used for those purposes are reasonable; and

• (c) that the use of those conduits for those purposes is not unreasonably inhibited (whether directly or indirectly) by reason of the terms of any consent, licence or agreement which has been given, granted or made in relation to any of those conduits for the purposes of that Act.

• (6) In this section “relevant conduit” means—

• (a) any conduit which, whether or not it is itself an electric line, is maintained by an electricity authority for the purpose of enclosing, surrounding or supporting such a line, including where such a conduit is connected to any box, chamber or other structure (including a building) maintained by an electricity authority for purposes connected with the conveyance, transmission or distribution of electricity, that box, chamber or structure; or

• (b) a water main or any other conduit maintained by a water authority for the purpose of conveying water from one place to another; or

• (c) a public sewer; or

• (d) a culvert which is a designated watercourse within the meaning of the Drainage (Northern Ireland) Order 1973.

• (7) In this section a reference to the authority with control of a relevant conduit—

• (a) in relation to a conduit or structure falling within paragraph (a) or (b) of subsection (6) above, shall be construed as a reference to the authority by whom the conduit or structure is maintained;

• (b) in relation to a public sewer, shall be construed, subject to subsection (8) below, as a reference to the person in whom the sewer is vested; and

• (c) in relation to a culvert falling within paragraph (d) of subsection (6) above, shall be construed as a reference to the Department of Agriculture for Northern Ireland.

• (8) Where—

• (a) the functions of an authority with control of a public sewer are, in pursuance of any enactment, discharged on its behalf by another person, and

• (b) the other person is authorised by the authority with control of the sewer to act on its behalf for the purposes of the matters referred to in subsection (1) above,

this section shall have effect in relation to that sewer as if any reference to the authority with control of the sewer included, to such extent as may be necessary for the other person so to act, a reference to the other person.

• (9) In this section—

• “alteration”, “street”and “telecommunication apparatus” have the same meanings as in Schedule 2 to this Act;

• “conduit” includes a tunnel or subway;

• “electric line”—in Great Britain, has the same meaning as in the Electricity Act 1989; andin Northern Ireland, has the same meaning as in the Electricity (Northern Ireland) Order 1992;

• “electricity authority” means a person authorised by a licence under Part I of the Electricity Act 1989 to transmit or supply electricity or a person authorised by a licence under Part II of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity;

• “public sewer”—in England and Wales, has the same meaning as in the Public Health Act 1936;in Scotland, means any sewer which is vested in a sewerage authority; andin Northern Ireland, means a sewer as defined in the Water and Sewerage Services (Northern Ireland) Order 1973;

• “sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;

• “subordinate legislation” means any subordinate legislation within the meaning of the Interpretation Act 1978 or any instrument, as defined in section 1 of the Interpretation Act (Northern Ireland) 1954;

• “water authority”—in England and Wales, means the National Rivers Authority or a water undertaker;in Scotland, shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994; andin Northern Ireland, means the Department of the Environment for Northern Ireland;

• “water main”—in England and Wales, means a water main or resource main within the meaning of the Water Industry Act 1991;in Scotland, means a main within the meaning of the Water (Scotland) Act 1980; andin Northern Ireland, means a main within the meaning of the Water and Sewerage Services (Northern Ireland) Order 1973.

Power of Post Office to provide telecommunication services etc.

99

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Membership of British Telecommunications

100

Supplemental

General restrictions on disclosure of information

101

• (1) Subject to the following provisions of this section, no information with respect to any particular business which—

• (a) has been obtained under or by virtue of the provisions of this Act (except Part 6); and

• (b) relates to the private affairs of any individual or to any particular business,

shall during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

• (2) Subsection (1) above does not apply to any disclosure of information which is made—

• (a) for the purpose of facilitating the performance of any functions assigned . . . to the Secretary of State or OFCOM by or under this Act (except functions assigned by or under Part 6);

• (b) for the purpose of facilitating the performance of any functions of any Minister, any Northern Ireland department, the head of any such department, the Office of Fair Trading, the Commission; the Director General of Water Servicesthe Director General of Electricity Supplythe Director General of Electricity Supply for Northern Irelandor the Director General of Gas for Northern Irelandthe Rail Regulator, OFCOM, the Civil Aviation Authority or a local weights and measures authority in Great Britain under any of the enactments or subordinate legislation specified in subsection (3) below;

• (bb) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

• (c) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

• (d) for the purpose of any civil proceedings brought under or by virtue of this Act or any of the enactments or subordinate legislation specified in subsection (3) below; or

• (e) in pursuance of a Community obligation.

• (3) The enactments and subordinate legislation referred to in subsection (2) above are—

• (a) the Trade Descriptions Act 1968;

• (b) the 1973 Act;

• (c) the Consumer Credit Act 1974;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) the Estate Agents Act 1979;

• (g) the 1980 Act.

• (h) the Consumer Protection Act 1987.

• (i) the Consumer Protection (Northern Ireland) Order 1987.

• (i) the Control of Misleading Advertisements Regulations 1988

• (j) the Water Act 1989., or the Water Act 2003

• (k) the Electricity Act 1989.

• (l) the Electricity (Northern Ireland) Order 1992.

• (ll) The Gas (Northern Ireland) Order 1996;

• (m) the Railways Act 1993

• (n) the Competition Act 1998

• (o) Part I of the Transport Act 2000.

• (p) the Enterprise Act 2002

• (q) the Communications Act 2003 (excluding the provisions of that Act which are enactments relating to the management of the radio spectrum within the meaning of that Act).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any person who discloses any information in contravention of this section shall be guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

• (6) Information obtained by OFCOM in the exercise of functions which are exercisable concurrently with the Office of Fair Trading under Part I of the Competition Act 1998 is subject to Part 9 of the Enterprise Act 2002 (Information) and not to subsections (1) to (5) of this section.

Offences by bodies corporate

102

Summary proceedings

103

• (1) Proceedings for any offence under this Act which is punishable on summary conviction may be commenced at any time within twelve months next after the commission of the offence.

• (2) Subsection (1) above shall not apply for the purposes of an offence under any provision of the Enterprise Act 2002 as applied by virtue of section 13B above.

Orders and schemes

104

• (1) Any power of the Secretary of State to make an order or a scheme under this Act shall be exercisable by statutory instrument subject, except in the case of an order under section . . . 110(5), . . . to annulment in pursuance of a resolution of either House of Parliament.

• (1A) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to every power of OFCOM to make an order under a provision of this Act.

• (1B) The approval of the Secretary of State is required for the making by OFCOM of an order under section 85 or 86 above.

• (1C) A statutory instrument containing an order made by OFCOM under section 85 or 86 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) Any order or scheme under this Act may make different provision with respect to different cases or descriptions of case.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisions

105

There shall be paid out of money provided by Parliament any administrative expenses incurred by the Secretary of State in consequence of the provisions of this Act and any increase attributable to this Act in the sums payable out of money so provided under any other Act.

General interpretation

106

• (1) In this Act, unless the context otherwise requires—

• “the 1973 Act” means the Fair Trading Act 1973;

• “the 1980 Act” means the Competition Act 1980;

• “the 1981 Act” means the British Telecommunications Act 1981;

• “the appointed day” has the meaning given by section 2 above;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Commission” means the the Competition Commission;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the excepted liabilities” has the meaning given by section 60(2) above;

• “modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;

• “OFCOM” means the Office of Communications;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the successor company” and “the transfer date” have the meanings given by section 60(1) above;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Any power conferred on the Secretary of State by this Act to give a direction if it appears to him to be requisite or expedient to do so in the interests of national security or relations with the government of a country or territory outside the United Kingdom includes power to give the direction if it appears to him to be requisite or expedient to do so in order—

• (a) to discharge, or facilitate the discharge of, an obligation binding on Her Majesty’s Government in the United Kingdom by virtue of it being a member of an international organisation or a party to an international agreement;

• (b) to attain, or facilitate the attainment of, any other objects the attainment of which is, in the Secretary of State’s opinion, requisite or expedient in view of Her Majesty’s Government in the United Kingdom being a member of such an organisation or a party to such an agreement; or

• (c) to enable Her Majesty’s Government in the United Kingdom to become a member of such an organisation or a party to such an agreement.

• (5) For the purposes of any licence granted, approval given or order made under this Act any description or class may be framed by reference to any circumstances whatsoever.

Application to territorial waters and the continental shelf etc.

107

• (1) An Order in Council under section 11 of the Petroleum Act 1998 (application of civil law) may make provision for treating for the purposes of this Act and subordinate legislation made under it—

• (a) any installation in waters to which that section applies and with respect to which provision is made under that section; and

• (b) any waters within five hundred metres of such an installation,

as if they were situated in such part of the United Kingdom as may be specified in the Order; and different provision may be so made for different purposes.

• (2) In section 6 of the Continental Shelf Act 1964 (which makes, in relation to the Wireless Telegraphy Act 1949 and regulations made under it, provision corresponding to that made by subsection (1) above) for the words “an area or part” there shall be substituted the words “ waters to which that section applies and ”.

• (3) In relation to any time before the coming into force of the said section 23, subsection (1) above shall have effect as if—

• (a) for the words “section 23 of the Oil and Gas (Enterprise) Act 1982” there were substituted the words “ section 3 of the Continental Shelf Act 1964 ”; and

• (b) for the words “waters to which that section applies and” there were substituted the words “ an area or part ”.

• (4) In this section—

• “installation” includes any floating structure or device maintained on a station by whatever means;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Extension to the Isle of Man and the Channel Islands

108

Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall extend to the Isle of Man or any of the Channel Islands with such exceptions, adaptations and modifications as may be so specified.

Amendments, transitional provisions and repeals

109

• (1) The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).

• (2) The Secretary of State may by order make such consequential modifications of any provision contained in any Act (whether public general or local) passed, or subordinate legislation made, before the coming into force of the relevant provision of this Act as appear to him necessary or expedient in respect of—

• (a) any reference in that Act or subordinate legislation to British Telecommunications;

• (b) any reference in that Act or subordinate legislation to an enactment contained in the Telegraph Acts 1863 to 1916; or

• (c) any use in that Act or subordinate legislation of terminology used in the Telegraph Acts 1863 to 1916 but not in the telecommunications code contained in Schedule 2 to this Act.

• (3) The Secretary of State may by order—

• (a) repeal or amend any enactment in a local Act which appears to him to be unnecessary having regard to the provisions of this Act or to be inconsistent with any provision of this Act; or

• (b) repeal any enactment in a local telegraph Act which appears to him to be spent or no longer of practical utility.

• (4) The general transitional provisions and savings contained in Schedule 5 to this Act and the special transitional provisions with respect to patents for inventions and registered designs contained in Schedule 6 to this Act shall have effect; but those provisions and savings are without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).

• (5) If it appears to the Secretary of State requisite or expedient to do so in order to secure that telecommunication services provided before the appointed day by means of any existing apparatus continue to be available after the appointed day, he may by order make provision with respect to the terms on which existing apparatus is kept installed on any premises; and such an order may, in particular—

• (a) provide for the terms of agreements in pursuance of which existing apparatus is kept installed on any premises to have effect with such modifications as may be specified in the order;

• (b) impose obligations in relation to existing apparatus on persons who own or use such apparatus or who own interests in, or occupy, premises where such apparatus is kept installed; and

• (c) provide, for the purposes of any provision contained in such an order by virtue of paragraph (a) or (b) above, for such questions arising under the order as are specified in the order, or are of a description so specified, to be referred to, and determined by, the Director.

• (6) The enactments mentioned in Schedule 7 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

• (7) In this section—

• “existing apparatus” means any telecommunication apparatus (within the meaning of Schedule 2 to this Act) which—was installed on any premises before the appointed day, andcannot, after the appointed day, be kept installed there by virtue of any right which is or may be conferred by or in accordance with the telecommunications code;

• “local telegraph Act” means a local Act which incorporated a telegraph company or the Bill for which was promoted by such a company; and

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Short title, commencement and extent

110

• (1) This Act may be cited as the Telecommunications Act 1984.

• (2) The following provisions of this Act, namely—

• sections 2 to 4;

• Parts II to IV;

• sections 93 to 95;

• sections 97 to 99;

• sections 101 to 103;

• section 106;

• section 109(1) and Schedule 4;

• section 109(2), (3) and (7);

• Part I of Schedule 5 and section 109(4) so far as relating to that Part; and

• Part I of Schedule 7 and section 109(6) so far as relating to that Part,

shall come into force on the appointed day.

• (3) The following provisions of this Act, namely—

• Part V;

• Part II of Schedule 5 and Schedule 6 and section 109(4) so far as relating to that Part and that Schedule; and

• Part II of Schedule 7 and section 109(6) so far as relating to that Part,

shall come into force on the transfer date.

• (4) Part III of Schedule 7 and section 109(6) so far as relating to that Part shall come into force on the dissolution of British Telecommunications.

• (5) Subject to subsections (2) to (4) above, this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.

• (6) This Act extends to Northern Ireland.

SCHEDULE 1

1

There shall be paid to the Director such remuneration, and such travelling and other allowances, as the Secretary of State with the approval of the Treasury may determine.

2

In the case of any such holder of the office of the Director as may be determined by the Secretary of State with the approval of the Treasury, there shall be paid such pension, allowance or gratuity to or in respect of him on his retirement or death, or such contributions or payments towards provision for such a pension, allowance or gratuity as may be so determined.

3

If, when any person ceases to hold office as the Director, it appears to the Secretary of State with the approval of the Treasury that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be so determined.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In the House of Commons Disqualification Act 1975 in Part III of Schedule 1 (other disqualifying offices) there shall be inserted (at the appropriate place in alphabetical order) the following entry—

“Director General of Telecommunications”;

and the like insertion shall be made in Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.

6

The Director shall have an official seal for the authentication of documents required for the purposes of his functions.

7

The Documentary Evidence Act 1868 shall have effect as if the Director were included in the first column of the Schedule to that Act, as if the Director and any person authorised to act on behalf of the Director were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Director or by any such person.

8

Anything authorised or required by or under this Act or any other enactment to be done by the Director, other than the making of a statutory instrument, may be done by any member of the staff of the Director who is authorised generally or specially in that behalf by the Director.

SCHEDULE 2

Interpretation of code

1

• (1) In this code, except in so far as the context otherwise requires—

• “agriculture” and “agricultural”—in England and Wales, have the same meanings as in the Highways Act 1980;in Scotland, have the same meanings as in the Town and Country Planning (Scotland) Act 1972; andin Northern Ireland, have the same meanings as in the Agriculture Act (Northern Ireland) 1949;

• “alter”, “alteration” and “altered” shall be construed in accordance with sub-paragraph (2) below;

• “bridleway” and “footpath”—in England and Wales, have the same meanings as in the Highways Act 1980;in Scotland, have the same meanings as in Part III of the Countryside (Scotland) Act 1967; andin Northern Ireland, mean a way over which the public have, by virtue of the Access to the Countryside (Northern Ireland) Order 1983, a right of way on horseback and on foot, respectively;

• “conduit” includes a tunnel, subway, tube or pipe;

• “conduit system” means a system of conduits provided so as to be available for use by providers of electronic communications networks for the purposes of the provision by them of their networks;

• “the court” means, without prejudice to any right of appeal conferred by virtue of paragraph 25 below or otherwise—in relation to England and Wales and Northern Ireland, the county court; andin relation to Scotland, the sheriff;

• “electronic communications apparatus” means—any apparatus (within the meaning of the Communications Act 2003) which is designed or adapted for use in connection with the provision of an electronic communications network;any apparatus (within the meaning of that Act) that is designed or adapted for a use which consists of or includes the sending or receiving of communications or other signals that are transmitted by means of an electronic communications network;any line;any conduit, structure, pole or other thing in, on, by or from which any electronic communications apparatus is or may be installed, supported, carried or suspended;and references to the installation of electronic communications apparatus are to be construed accordingly;

• “electronic communications network” has the same meaning as in the Communications Act 2003, and references to the provision of such a network are to be construed in accordance with the provisions of that Act;

• “electronic communications service” has the same meaning as in the Communications Act 2003, and references to the provision of such a service are to be construed in accordance with the provisions of that Act;

• “emergency works”, in relation to the operator or a relevant undertaker for the purposes of paragraph 23 below, means works the execution of which at the time it is proposed to execute them is requisite in order to put an end to, or prevent, the arising of circumstances then existing or imminent which are likely to cause—danger to persons or property,the interruption of any service provided by the operator’s network or, as the case may be, interference with the exercise of any functions conferred or imposed on the undertaker by or under any enactment; orsubstantial loss to the operator or, as the case may be, the undertaker,and such other works as in all the circumstances it is reasonable to execute with those works;

• “line” means any wire, cable, tube, pipe or similar thing (including its casing or coating) which is designed or adapted for use in connection with the provision of any electronic communications network or electronic communications service;

• “maintainable highway”—in England and Wales, means a maintainable highway within the meaning of Part III of the New Roads and Street Works Act 1991 other than one which is a footpath or bridleway that crosses, and forms part of, any agricultural land or any land which is being brought into use for agriculture; andin Northern Ireland, means a road within the meaning of the Roads (Northern Ireland) Order 1993;

• “the operator” means—where the code is applied in any person’s case by a direction under section 106 of the Communications Act 2003, that person; andwhere it applies by virtue of section 106(3)(b) of that Act, the Secretary of State or (as the case may be) the Northern Ireland department in question;

• “the operator’s network” means—in relation to an operator falling within paragraph (a) of the definition of “operator”, so much of any electronic communications network or conduit system provided by that operator as is not excluded from the application of the code under section 106(5) of the Communications Act 2003; andin relation to an operator falling within paragraph (b) of that definition, the electronic communications network which the Secretary of State or the Northern Ireland department is providing or proposing to provide;

• “railway” includes a light railway;

• “the statutory purposes” means the purposes of the provision of the operator’s network;

• “street” has the same meaning as in Part III of the New Roads and Street Works Act 1991or, in Northern Ireland, the Street Works (Northern Ireland) Order 1995;

• “signal” has the same meaning as in section 32 of the Communications Act 2003;

• “structure” does not include a building;

• “telecommunication apparatus” includes any apparatus falling within the definition in section 4(3) of this Act and any apparatus not so falling which is designed or adapted for use in connection with the running of a telecommunication system and, in particular—any line, that is to say, any wire, cable, tube, pipe or other similar thing (including its casing or coating) which is so designed or adapted; andany structure, pole or other thing in, on, by or from which any telecommunication apparatus is or may be installed, supported, carried or suspended;and references to the installation of telecommunication apparatus shall be construed accordingly.

• (2) In this code, references to the alteration of any apparatus include references to the moving, removal or replacement of the apparatus.

• (3) In relation to any land which, otherwise than in connection with a street on that land, is divided horizontally into different parcels, the references in this code to a place over or under the land shall have effect in relation to each parcel as not including references to any place in a different parcel.

• (3A) References in this code to the provision of a conduit system include references to establishing or maintaining such a system.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreement required to confer right to execute works etc.

2

• (1) The agreement in writing of the occupier for the time being of any land shall be required for conferring on the operator a right for the statutory purposes—

• (a) to execute any works on that land for or in connection with the installation, maintenance, adjustment, repair or alteration of electronic communications apparatus; or

• (b) to keep electronic communications apparatus installed on, under or over that land; or

• (c) to enter that land to inspect any apparatus kept installed (whether on, under or over that land or elsewhere) for the purposes of the operator’s network.

• (2) A person who is the owner of the freehold estate in any land or is a lessee of any land shall not be bound by a right conferred in accordance with sub-paragraph (1) above by the occupier of that land unless—

• (a) he conferred the right himself as occupier of the land; or

• (b) he has agreed in writing to be bound by the right; or

• (c) he is for the time being treated by virtue of sub-paragraph (3) below as having so agreed; or

• (d) he is bound by the right by virtue of sub-paragraph (4) below.

• (3) If a right falling within sub-paragraph (1) above has been conferred by the occupier of any land for purposes connected with the provision, to the occupier from time to time of that land, of any electronic communications services and—

• (a) the person conferring the right is also the owner of the freehold estate in that land or is a lessee of the land under a lease for a term of a year or more, or

• (b) in a case not falling within paragraph (a) above, a person owning the freehold estate in the land or a lessee of the land under a lease for a term of a year or more has agreed in writing that his interest in the land should be bound by the right,

then, subject to paragraph 4 below, that right shall (as well as binding the person who conferred it) have effect, at any time when the person who conferred it or a person bound by it under sub-paragraph (2)(b) or (4) of this paragraph is the occupier of the land, as if every person for the time being owning an interest in that land had agreed in writing to the right being conferred for the said purposes and, subject to its being exercised solely for those purposes, to be bound by it.

• (4) In any case where a person owning an interest in land agrees in writing (whether when agreeing to the right as occupier or for the purposes of sub-paragraph (3)(b) above or otherwise) that his interest should be bound by a right falling within sub-paragraph (1) above, that right shall (except in so far as the contrary intention appears) bind the owner from time to time of that interest and also—

• (a) the owner from time to time of any other interest in the land, being an interest created after the right is conferred and not having priority over the interest to which the agreement relates; and

• (b) any other person who is at any time in occupation of the land and whose right to occupation of the land derives (by contract or otherwise) from a person who at the time the right to occupation was granted was bound by virtue of this sub-paragraph.

• (5) A right falling within sub-paragraph (1) above shall not be exercisable except in accordance with the terms (whether as to payment or otherwise) subject to which it is conferred; and, accordingly, every person for the time being bound by such a right shall have the benefit of those terms.

• (6) A variation of a right falling within sub-paragraph (1) above or of the terms on which such a right is exercisable shall be capable of binding persons who are not parties to the variation in the same way as, under sub-paragraphs (2), (3) and (4) above, such a right is capable of binding persons who are not parties to the conferring of the right.

• (7) It is hereby declared that a right falling within sub-paragraph (1) above is not subject to the provisions of any enactment requiring the registration of interests in, charges on or other obligations affecting land.

• (8) In this paragraph and paragraphs 3 and 4 below—

• (a) references to the occupier of any land shall have effect—

• (i) in relation to any footpath or bridleway that crosses and forms part of any agricultural land or any land which is being brought into use for agriculture, as references to the occupier of that land;

• (ii) in relation to any street or, in Scotland, road (not being such a footpath or bridleway), as references—

• in England and Wales or Northern Ireland, to the street managers within the meaning of Part III of the New Roads and Street Works Act 1991 or the Street Works (Northern Ireland) Order 1995, and

• in Scotland, to the road managers within the meaning of Part IV of that Act; and

• (iii) in relation to any land (not being a street or, in Scotland, road) which is unoccupied, as references to the person (if any) who for the time being exercises powers of management or control over the land or, if there is no such person, to every person whose interest in the land would be prejudicially affected by the exercise of the right in question;

• (b) “lease” includes any leasehold tenancy (whether in the nature of a head lease, sub-lease or underlease) and any agreement to grant such a tenancy but not a mortgage by demise or sub-demise and “lessee” shall be construed accordingly; and

• (c) references to the owner of a freehold estate shall, in relation to land in Scotland, have effect as references to the person—

• (i) who is infeft proprietor of the land; or

• (ii) who has right to the land but whose title thereto is not complete; or

• (iii) in the case of land subject to a heritable security constituted by ex facie absolute disposition, who is the debtor in the security, except where the creditor is in possession of the land,

other than a person having a right as a superior only.

• (9) Subject to paragraphs 9(2) and 11(2) below, this paragraph shall not require any person to give his agreement to the exercise of any right conferred by any of paragraphs 9 to 12 below.

Agreement required for obstructing access etc.

3

• (1) A right conferred in accordance with paragraph 2 above or by paragraph 9, 10 or 11 below to execute any works on any land, to keep electronic communications apparatus installed on, under or over any land or to enter any land shall not be exercisable so as to interfere with or obstruct any means of entering or leaving any other land unless the occupier for the time being of the other land conferred, or is otherwise bound by, a right to interfere with or obstruct that means of entering or leaving the other land.

• (2) The agreement in writing of the occupier for the time being of the other land shall be required for conferring any right for the purposes of sub-paragraph (1) above on the operator.

• (3) The references in sub-paragraph (1) above to a means of entering or leaving any land include references to any means of entering or leaving the land provided for use in emergencies.

• (4) Sub-paragraphs (2) to (7) of paragraph 2 above except sub-paragraph (3) shall apply (subject to the following provisions of this code) in relation to a right falling within sub-paragraph (1) above as they apply in relation to a right falling within paragraph 2(1) above.

• (5) Nothing in this paragraph shall require the person who is the occupier of, or owns any interest in, any land which is a streetroad or to which paragraph 11 below applies to agree to the exercise of any right on any other land.

Effect of rights and compensation

4

• (1) Anything done by the operator in exercise of a right conferred in relation to any land in accordance with paragraph 2 or 3 above shall be deemed to be done in exercise of a statutory power except as against—

• (a) a person who, being the owner of the freehold estate in that land or a lessee of the land, is not for the time being bound by the right; or

• (b) a person having the benefit of any covenant or agreement which has been entered into as respects the land under any enactment and which, by virtue of that enactment, binds or will bind persons deriving title or otherwise claiming under the covenantor or, as the case may be, a person who was a party to the agreement.

• (2) Where a right has been conferred in relation to any land in accordance with paragraph 2 or 3 above and anything has been done in exercise of that right, any person who, being the occupier of the land, the owner of the freehold estate in the land or a lessee of the land, is not for the time being bound by the right shall have the right to require the operator to restore the land to its condition before that thing was done.

• (3) Any duty imposed by virtue of sub-paragraph (2) above shall, to the extent that its performance involves the removal of any electronic communications apparatus from any land, be enforceable only in accordance with paragraph 21 below.

• (4) Where—

• (a) on a right in relation to any land being conferred or varied in accordance with paragraph 2 above, there is a depreciation in the value of any relevant interest in the land, and

• (b) that depreciation is attributable to the fact that paragraph 21 below will apply to the removal from the land, when the owner for the time being of that interest becomes the occupier of the land, of any electronic communications apparatus installed in pursuance of that right,

the operator shall pay compensation to the person who, at the time the right is conferred or, as the case may be, varied, is the owner of that relevant interest; and the amount of that compensation shall be equal (subject to sub-paragraph (9) below) to the amount of the depreciation.

• (5) In sub-paragraph (4) above “relevant interest”, in relation to land subject to a right conferred or varied in accordance with paragraph 2 above, means any interest in respect of which the following two conditions are satisfied at the time the right is conferred or varied, namely—

• (a) the owner of the interest is not the occupier of the land but may become the occupier of the land by virtue of that interest; and

• (b) the owner of the interest becomes bound by the right or variation by virtue only of paragraph 2(3) above.

• (6) Any question as to a person’s entitlement to compensation under sub-paragraph (4) above, or as to the amount of any compensation under that sub-paragraph, shall, in default of agreement, be referred to and determined by the Lands Tribunal; and sections 2 and 4 of the Land Compensation Act 1961 (procedure and costs before Lands Tribunal) shall apply, with the necessary modifications, in relation to any such determination.

• (7) A claim to compensation under sub-paragraph (4) above shall be made by giving the operator notice of the claim and specifying in that notice particulars of—

• (a) the land in respect of which the claim is made;

• (b) the claimant’s interest in the land and, so far as known to the claimant, any other interests in the land;

• (c) the right or variation in respect of which the claim is made; and

• (d) the amount of the compensation claimed;

and such a claim shall be capable of being made at any time before the claimant becomes the occupier of the land in question, or at any time in the period of three years beginning with that time.

• (8) For the purposes of assessing any compensation under sub-paragraph (4) above, rules (2) to (4) set out in section 5 of the Land Compensation Act 1961 shall, subject to any necessary modifications, have effect as they have effect for the purposes of assessing compensation for the compulsory acquisition of any interest in land.

• (9) Without prejudice to the powers of the Lands Tribunal in respect of the costs of any proceedings before the Tribunal by virtue of this paragraph, where compensation is payable under sub-paragraph (4) above there shall also be payable, by the operator to the claimant, any reasonable valuation or legal expenses incurred by the claimant for the purposes of the preparation and prosecution of his claim for that compensation.

• (10) Subsections (1) to (3) of section 10 of the Land Compensation Act 1973 (compensation in respect of mortgages, trusts of land and settled land) shall apply in relation to compensation under sub-paragraph (4) above as they apply in relation to compensation under Part I of that Act.

• (11) In the application of this paragraph to Scotland—

• (a) for any reference to the Lands Tribunal there is substituted a reference to the Lands Tribunal for Scotland and for any reference to costs there is substituted a reference to expenses;

• (b) for the reference in sub-paragraph (6) above to sections 2 and 4 of the Land Compensation Act 1961 there is substituted a reference to sections 9 and 11 of the Land Compensation (Scotland) Act 1963;

• (c) for the reference in sub-paragraph (8) above to section 5 of the Land Compensation Act 1961 there is substituted a reference to section 12 of the Land Compensation (Scotland) Act 1963;

• (d) for the reference in sub-paragraph (10) above to subsections (1) to (3) of section 10 of the Land Compensation Act 1973 there is substituted a reference to subsections (1) and (2) of section 10 of the Land Compensation (Scotland) Act 1973.

• (12) In the application of this paragraph to Northern Ireland—

• (a) for any reference to the Lands Tribunal there is substituted a reference to the Lands Tribunal for Northern Ireland;

• (b) for the references in sub-paragraphs (6) and (8) above to sections 2, 4 and 5 of the Land Compensation Act 1961 there are substituted references to Articles 4, 5 and 6 of the Land Compensation (Northern Ireland) Order 1982, respectively;

• (c) for the references in sub-paragraph (10) above to subsections (1) to (3) of section 10 of the Land Compensation Act 1973 and to Part I of that Act there are substituted references to paragraphs (1) to (3) of Article 13 of the Land Acquisition and Compensation (Northern Ireland) Order 1973 and to Part II of that Order, respectively.

Power to dispense with the need for required agreement

5

• (1) Where the operator requires any person to agree for the purposes of paragraph 2 or 3 above that any right should be conferred on the operator, or that any right should bind that person or any interest in land, the operator may give a notice to that person of the right and of the agreement that he requires.

• (2) Where the period of 28 days beginning with the giving of a notice under sub-paragraph (1) above has expired without the giving of the required agreement, the operator may apply to the court for an order conferring the proposed right, or providing for it to bind any person or any interest in land, and (in either case) dispensing with the need for the agreement of the person to whom the notice was given.

• (3) The court shall make an order under this paragraph if, but only if, it is satisfied that any prejudice caused by the order—

• (a) is capable of being adequately compensated for by money; or

• (b) is outweighed by the benefit accruing from the order to the persons whose access to a an electronic communications network or to electronic communications services will be secured by the order;

and in determining the extent of the prejudice, and the weight of that benefit, the court shall have regard to all the circumstances and to the principle that no person should unreasonably be denied access to a an electronic communications network or to electronic communications services.

• (4) An order under this paragraph made in respect of a proposed right may, in conferring that right or providing for it to bind any person or any interest in land and in dispensing with the need for any person’s agreement, direct that the right shall have effect with such modifications, be exercisable on such terms and be subject to such conditions as may be specified in the order.

• (5) The terms and conditions specified by virtue of sub-paragraph (4) above in an order under this paragraph, shall include such terms and conditions as appear to the court appropriate for ensuring that the least possible loss and damage is caused by the exercise of the right in respect of which the order is made to persons who occupy, own interests in or are from time to time on the land in question.

• (6) For the purposes of proceedings under this paragraph in a county court in England and Wales or Northern Ireland, section 63(1) of the County Courts Act 1984 and Article 33(1) of the County Courts (Northern Ireland) Order 1980 (assessors) shall have effect as if the words “on the application of any party” were omitted; and where an assessor is summoned, or, in Northern Ireland, appointed, by virtue of this sub-paragraph—

• (a) he may, if so directed by the judge, inspect the land to which the proceedings relate without the judge and report on the land to the judge in writing; and

• (b) the judge may take the report into account in determining whether to make an order under this paragraph and what order to make.

In relation to any time before 1st August 1984, the reference in this sub-paragraph to section 63(1) of the County Courts Act 1984 shall have effect as a reference to section 91(1) of the County Courts Act 1959.

• (7) Where an order under this paragraph, for the purpose of conferring any right or making provision for a right to bind any person or any interest in land, dispenses with the need for the agreement of any person, the order shall have the same effect and incidents as the agreement of the person the need for whose agreement is dispensed with and accordingly (without prejudice to the foregoing) shall be capable of variation or release by a subsequent agreement.

Acquisition of rights in respect of apparatus already installed

6

• (1) The following provisions of this paragraph apply where the operator gives notice under paragraph 5(1) above to any person and—

• (a) that notice requires that person’s agreement in respect of a right which is to be exercisable (in whole or in part) in relation to electronic communications apparatus already kept installed on, under or over the land in question, and

• (b) that person is entitled to require the removal of that apparatus but, by virtue of paragraph 21 below, is not entitled to enforce its removal.

• (2) The court may, on the application of the operator, confer on the operator such temporary rights as appear to the court reasonably necessary for securing that, pending the determination of any proceedings under paragraph 5 above or paragraph 21 below, the service provided by the operator’s network is maintained and the apparatus properly adjusted and kept in repair.

• (3) In any case where it is shown that a person with an interest in the land was entitled to require the removal of the apparatus immediately after it was installed, the court shall, in determining for the purposes of paragraph 5 above whether the apparatus should continue to be kept installed on, under or over the land, disregard the fact that the apparatus has already been installed there.

Court to fix financial terms where agreement dispensed with

7

• (1) The terms and conditions specified by virtue of sub-paragraph (4) of paragraph 5 above in an order under that paragraph dispensing with the need for a person’s agreement, shall include—

• (a) such terms with respect to the payment of consideration in respect of the giving of the agreement, or the exercise of the rights to which the order relates, as it appears to the court would have been fair and reasonable if the agreement had been given willingly and subject to the other provisions of the order; and

• (b) such terms as appear to the court appropriate for ensuring that that person and persons from time to time bound by virtue of paragraph 2(4) above by the rights to which the order relates are adequately compensated (whether by the payment of such consideration or otherwise) for any loss or damage sustained by them in consequence of the exercise of those rights.

• (2) In determining what terms should be specified in an order under paragraph 5 above for requiring an amount to be paid to any person in respect of—

• (a) the provisions of that order conferring any right or providing for any right to bind any person or any interest in land, or

• (b) the exercise of any right to which the order relates,

the court shall take into account the prejudicial effect (if any) of the order or, as the case may be, of the exercise of the right on that person’s enjoyment of, or on any interest of his in, land other than the land in relation to which the right is conferred.

• (3) In determining what terms should be specified in an order under paragraph 5 above for requiring an amount to be paid to any person, the court shall, in a case where the order is made in consequence of an application made in connection with proceedings under paragraph 21 below, take into account, to such extent as it thinks fit, any period during which that person—

• (a) was entitled to require the removal of any electronic communications apparatus from the land in question, but

• (b) by virtue of paragraph 21 below, was not entitled to enforce its removal;

but where the court takes any such period into account, it may also take into account any compensation paid under paragraph 4(4) above.

• (4) The terms specified by virtue of sub-paragraph (1) above in an order under paragraph 5 above may provide—

• (a) for the making of payments from time to time to such persons as may be determined under those terms; and

• (b) for questions arising in consequence of those terms (whether as to the amount of any loss or damage caused by the exercise of a right or otherwise) to be referred to arbitration or to be determined in such other manner as may be specified in the order.

• (5) The court may, if it thinks fit—

• (a) where the amount of any sum required to be paid by virtue of terms specified in an order under paragraph 5 above has been determined, require the whole or any part of any such sum to be paid into court;

• (b) pending the determination of the amount of any such sum, order the payment into court of such amount on account as the court thinks fit.

• (6) Where terms specified in an order under paragraph 5 above require the payment of any sum to a person who cannot be found or ascertained, that sum shall be paid into court.

Notices and applications by potential subscribers

8

• (1) Where—

• (a) it is reasonably necessary for the agreement of any person to the conferring of any right, or to any right’s binding any person or any interest in land, to be obtained by the operator before another person (“the potential subscriber”) may be afforded access to the operator’s network, and

• (b) the operator has not given a notice or (if he has given a notice) has not made an application in respect of that right under paragraph 5 above,

the potential subscriber may at any time give a notice to the operator requiring him to give a notice or make an application under paragraph 5 above in respect of that right.

• (2) At any time after notice has been given to the operator under sub-paragraph (1) above, the operator may apply to the court to have the notice set aside on the ground that the conditions mentioned in that sub-paragraph are not satisfied or on the ground that, even if the agreement were obtained, the operator would not afford the potential subscriber access to the operator’s network and could not be required to afford him access to that network.

• (3) Subject to any order of the court made in or pending any proceedings under sub-paragraph (2) above, if at any time after the expiration of the period of 28 days beginning with the giving to the operator of a notice under sub-paragraph (1) above the operator has not complied with the notice, the potential subscriber may himself, on the operator’s behalf, give the required notice and (if necessary) make an application under paragraph 5 above or, as the case may be, make the required application.

• (4) The court may, on an application made by virtue of sub-paragraph (3) above, give such directions as it thinks fit—

• (a) with respect to the separate participation of the operator in the proceedings to which the application gives rise, and

• (b) requiring the operator to provide information to the court.

• (5) A covenant, condition or agreement which would have the effect of preventing or restricting the taking by any person as a potential subscriber of any step under this paragraph shall be void to the extent that it would have that effect.

• (6) Nothing in this paragraph shall be construed as requiring the operator to reimburse the potential subscriber for any costs incurred by the potential subscriber in or in connection with the taking of any step under this paragraph on the operator’s behalf.

Street works

9

• (1) The operator shall, for the statutory purposes, have the right to do any of the following things, that is to say—

• (a) install electronic communications apparatus, or keep electronic communications apparatus installed, under, over, in, on, along or across a street or, in Scotland, a road;

• (b) inspect, maintain, adjust, repair or alter any electronic communications apparatus so installed; and

• (c) execute any works requisite for or incidental to the purposes of any works falling within paragraph (a) or (b) above, including for those purposes the following kinds of works, that is to say—

• (i) breaking up or opening a street or, in Scotland, a road;

• (ii) tunnelling or boring under a street or, in Scotland, a road; and

• (iii) breaking up or opening a sewer, drain or tunnel;

. . .

• (2) This paragraph has effect subject to section 11(1) of this Act, paragraph 3 above and the following provisions of this code, and the rights conferred by this paragraph shall not be exercisable in a street which is not a maintainable highway or, in Scotland, a road which is not a public road without either the agreement required by paragraph 2 above or an order of the court under paragraph 5 above dispensing with the need for that agreement.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to fly lines

10

• (1) Subject to paragraph 3 above and the following provisions of this code, where any electronic communications apparatus is kept installed on or over any land for the purposes of the operator’s network, the operator shall, for the statutory purposes, have the right to install and keep installed lines which—

• (a) pass over other land adjacent to or in the vicinity of the land on or over which that apparatus is so kept;

• (b) are connected to that apparatus; and

• (c) are not at any point in the course of passing over the other land less than 3 metres above the ground or within 2 metres of any building over which they pass.

• (2) Nothing in sub-paragraph (1) above shall authorise the installation or keeping on or over any land of—

• (a) any electronic communications apparatus used to support, carry or suspend a line installed in pursuance of that sub-paragraph; or

• (b) any line which by reason of its position interferes with the carrying on of any business (within the meaning of section 6 of this Act) carried on on that land.

• (3) In this paragraph “business” includes a trade, profession or employment and includes any activity carried on by a body of persons (whether corporate or unincorporate).

Tidal waters etc.

11

• (1) Subject to paragraph 3 above and the following provisions of this code, the operator shall have the right for the statutory purposes—

• (a) to execute any works (including placing any buoy or sea-mark) on any tidal water or lands for or in connection with the installation, maintenance, adjustment, repair or alteration of electronic communications apparatus;

• (b) to keep electronic communications apparatus installed on, under or over tidal water or lands; and

• (c) to enter any tidal water or lands to inspect any electronic communications apparatus so installed.

• (2) A right conferred by this paragraph shall not be exercised in relation to any land in which a Crown interest, within the meaning of paragraph 26 below, subsists unless agreement to the exercise of the right in relation to that land has been given, in accordance with sub-paragraph (3) of that paragraph, in respect of that interest.

• (3) Before executing any works in exercise of a right conferred by this paragraph the operator (not being the Secretary of State) shall submit a plan of the proposed works to the Secretary of State for the Secretary of State’s approval.

• (4) Sub-paragraph (3) above shall not apply to the execution of any emergency works, but as soon as practicable after commencing any emergency works on any tidal water or lands the operator (not being the Secretary of State) shall submit a plan of those works to the Secretary of State for the Secretary of State’s approval.

• (5) As soon as reasonably practicable after a plan is submitted to him under sub-paragraph (3) or (4) above the Secretary of State shall, after consulting such authorities exercising functions in relation to the tidal water or lands in question as it appears to him appropriate to consult, consider whether to approve it; and, if he does approve it, he may do so subject to such modifications and conditions and on such terms as he thinks fit.

• (6) The Secretary of State shall not approve a plan submitted to him under sub-paragraph (3) or (4) above unless he is satisfied that adequate arrangements have been made for compensating any persons appearing to him to be owners of interests in the tidal water or lands in question for any loss or damage sustained by those persons in consequence of the execution of the works to which the plan relates.

• (7) If—

• (a) the operator (not being the Secretary of State) executes any works in exercise of a right conferred by this paragraph, but

• (b) those works are executed otherwise than in accordance with a plan approved by the Secretary of State (including, in the case of emergency works, where works already commenced are not approved) or a condition on which any approval of the Secretary of State is given is or has been contravened,

the Secretary of State may by notice require the operator to execute such remedial works as the Secretary of State thinks appropriate having regard to the terms and conditions of any approval that he has given and, if those works are not executed in accordance with the notice, may execute them himself at the operator’s expense.

• (8) Where, as the result—

• (a) of the failure of the operator (not being the Secretary of State) reasonably to maintain any electronic communications apparatus kept installed for the purposes of the operator’s network on, under or over any tidal water or lands, or

• (b) of the abandonment by the operator of any such apparatus,

it appears to the Secretary of State that any remedial works should be executed, he may by notice require the operator to execute those works and, if those works are not executed in accordance with the notice, may execute them himself at the operator’s expense.

• (9) The Secretary of State shall have power for the purposes of exercising his functions (other than as the operator) under this paragraph, and of determining whether to exercise those functions, to cause a survey or examination to be carried out, at the operator’s expense, of any works or apparatus or of the site or proposed site of any works or apparatus.

• (10) Where the Secretary of State is authorised by this paragraph to do any thing at the operator’s expense, the expenses incurred by the Secretary of State in or in connection with the doing of that thing shall be recoverable by the Secretary of State from the operator in any court of competent jurisdiction.

• (11) In this paragraph—

• “remedial works” includes any works of repair or restoration, the alteration of any apparatus and any works to restore the site of any apparatus to its original condition;

• “tidal water or lands” includes any estuary or branch of the sea, the shore below mean high water springs and the bed of any tidal water.

Linear obstacles

12

• (1) Subject to the following provisions of this code, the operator shall, for the statutory purposes, have the right in order to cross any relevant land with a line, to install and keep the line and other electronic communications apparatus on, under or over that land and—

• (a) to execute any works on that land for or in connection with the installation, maintenance, adjustment, repair or alteration of that line or the other electronic communications apparatus; and

• (b) to enter on that land to inspect the line or the other apparatus.

• (2) A line installed in pursuance of any right conferred by this paragraph need not cross the relevant land in question by a direct route or by the shortest route from the point at which the line enters that land, but it shall not cross that land by any route which, in the horizontal plane, exceeds the said shortest route by more than 400 metres.

• (3) Electronic communications apparatus shall not be installed in pursuance of any right conferred by this paragraph in any position on the relevant land in which it interferes with traffic on the railway, canal or tramway on that land.

• (4) The operator shall not execute any works on any land in pursuance of any right conferred by this paragraph unless—

• (a) he has given the person with control of the land 28 days’ notice of his intentions to do so; or

• (b) the works are emergency works.

• (5) A notice under sub-paragraph (4) above shall contain a plan and section of the proposed works or (in lieu of a plan and section) any description of the proposed works (whether or not in the form of a diagram) which the person with control of the land has agreed to accept for the purposes of this sub-paragraph.

• (6) If, at any time before a notice under sub-paragraph (4) above expires, the person with control of the land gives the operator notice of objection to the works, the operator shall be entitled to execute the works only—

• (a) if, within the period of 28 days beginning with the giving of the notice of objection, neither the operator nor that person has given notice to the other requiring him to agree to an arbitrator to whom the objection may be referred under paragraph 13 below; or

• (b) in accordance with an award made on such a reference; or

• (c) to the extent that the works have at any time become emergency works.

• (7) If the operator exercises any power conferred by this paragraph to execute emergency works on any land, he shall, as soon as reasonably practicable after commencing those works, give the person with control of the land a notice identifying the works and containing—

• (a) a statement of the reason why the works are emergency works; and

• (b) either the matters which would be required to be contained in a notice under sub-paragraph (4) above with respect to those works or, as the case may require, a reference to an earlier notice under that sub-paragraph with respect to those works.

• (8) If within the period of 28 days beginning with the giving of a notice under sub-paragraph (7) above the person to whom that notice was given gives a notice to the operator requiring him to pay compensation, the operator shall be liable to pay that person compensation in respect of loss or damage sustained in consequence of the carrying out of the emergency works in question; and any question as to the amount of that compensation shall, in default of agreement, be referred to arbitration under paragraph 13 below.

• (9) If the operator commences the execution of any works in contravention of any provision of this paragraph, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (10) In this paragraph “relevant land” means land which is used wholly or mainly either as a railway, canal or tramway or in connection with a railway, canal or tramway on that land, and a reference to the person with control of any such land is a reference to the person carrying on the railway, canal or tramway undertaking in question.

Arbitration in relation to linear obstacles

13

• (1) Any objection or question which, in accordance with paragraph 12 above, is referred to the arbitration of a single arbitrator appointed by agreement between the parties concerned or, in default of agreement, by the President of the Institution of Civil Engineers.

• (2) Where an objection under paragraph 12 above is referred to arbitration under this paragraph the arbitrator shall have the power—

• (a) to require the operator to submit to the arbitrator a plan and section in such form as the arbitrator may think requisite for the purposes of the arbitration;

• (b) to require the observations on any such plan or section of the person who objects to the works to be submitted to the arbitrator in such form as the arbitrator may think requisite for those purposes;

• (c) to direct the operator or that person to furnish him with such information and to comply with such other requirements as the arbitrator may think requisite for those purposes;

• (d) to make an award requiring modifications to the proposed works and specifying the terms on which and the conditions subject to which the works may be executed; and

• (e) to award such sum as the arbitrator may determine in respect of one or both of the following matters, that is to say—

• (i) compensation to the person who objects to the works in respect of loss or damage sustained by that person in consequence of the carrying out of the works, and

• (ii) consideration payable to that person for the right to carry out the works.

• (3) Where a question as to compensation in respect of emergency works is referred to arbitration under this paragraph, the arbitrator—

• (a) shall have the power to direct the operator or the person who requires the payment of compensation to furnish him with such information and to comply with such other requirements as the arbitrator may think requisite for the purposes of the arbitration; and

• (b) shall award to the person requiring the payment of compensation such sum (if any) as the arbitrator may determine in respect of the loss or damage sustained by that person in consequence of the carrying out of the emergency works in question.

• (4) The arbitrator may treat compliance with any requirement made in pursuance of sub-paragraph (2)(a) to (c) or (3)(a) above as a condition of his making an award.

• (5) In determining what award to make on a reference under this paragraph, the arbitrator shall have regard to all the circumstances and to the principle that no person should unreasonably be denied access to an electronic communications network or to electronic communications services.

• (6) For the purposes of the making of an award under this paragraph—

• (a) the references in sub-paragraphs (2)(e) and (3)(b) above to loss shall, in relation to a person carrying on a railway, canal or tramway undertaking, include references to any increase in the expenses of carrying on that undertaking; and

• (b) the consideration mentioned in sub-paragraph (2)(e) above shall be determined on the basis of what would have been fair and reasonable if the person who objects to the works had given his authority willingly for the works to be executed on the same terms and subject to the same conditions (if any) as are contained in the award.

• (7) In the application of this paragraph to Scotland, the reference to an arbitrator shall have effect as a reference to an arbiter and the arbiter may and, if so directed by the Court of Session, shall state a case for the decision of that Court on any question of law arising in the arbitration.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alteration of apparatus crossing a linear obstacle

14

• (1) Without prejudice to the following provisions of this code, the person with control of any relevant land may, on the ground that any electronic communications apparatus kept installed on, under or over that land for the purposes of the operator’s network interferes, or is likely to interfere, with—

• (a) the carrying on of the railway, canal or tramway undertaking carried on by that person, or

• (b) anything done or to be done for the purposes of that undertaking,

give notice to the operator requiring him to alter that apparatus.

• (2) The operator shall within a reasonable time and to the reasonable satisfaction of the person giving the notice comply with a notice under sub-paragraph (1) above unless before the expiration of the period of 28 days beginning with the giving of the notice he gives a counter-notice to the person with control of the land in question specifying the respects in which he is not prepared to comply with the original notice.

• (3) Where a counter-notice has been given under sub-paragraph (2) above the operator shall not be required to comply with the original notice but the person with control of the relevant land may apply to the court for an order requiring the alteration of any electronic communications apparatus to which the notice relates.

• (4) The court shall not make an order under this paragraph unless it is satisfied that the order is necessary on one of the grounds mentioned in sub-paragraph (1) above and in determining whether to make such an order the court shall also have regard to all the circumstances and to the principle that no person should unreasonably be denied access to an electronic communications network or to electronic communications services.

• (5) An order under this paragraph may take such form and be on such terms as the court thinks fit and may impose such conditions and may contain such directions to the operator or the person with control of the land in question as the court thinks necessary for resolving any difference between the operator and that person and for protecting their respective interests.

• (6) In this paragraph references to relevant land and to the person with control of such land have the same meaning as in paragraph 12 above.

Use of certain conduits

15

• (1) Nothing in the preceding provisions of this code shall authorise the doing of anything inside a relevant conduit without the agreement of the authority with control of that conduit.

• (2) The agreement of the authority with control of a public sewer shall be sufficient in all cases to confer a right falling within any of the preceding provisions of this code where the right is to be exercised wholly inside that sewer.

• (3) In this paragraph—

• (a) “relevant conduit” and “public sewer” have the same meanings as in section 98 of this Act; and

• (b) a reference to the authority with control of a relevant conduit shall be construed in accordance with subsections (7) and (8) of that section.

Compensation for injurious affection to neighbouring land etc.

16

• (1) Where a right conferred by or in accordance with any of the preceding provisions of this code is exercised, compensation shall be payable by the operator under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection to neighbouring land etc.) as if that section had effect in relation to injury caused by the exercise of such a right as it has effect in relation to injury caused by the execution of works on land that has been compulsorily purchased.

• (2) Sub-paragraph (1) above shall not confer any entitlement to compensation on any person in respect of the exercise of a right conferred in accordance with paragraph 2 or 3 above, if that person conferred the right or is bound by it by virtue of paragraph 2(2)(b) or (d) above, but, save as aforesaid, the entitlement of any person to compensation under this paragraph shall be determined irrespective of his ownership of any interest in the land where the right is exercised.

• (3) Compensation shall not be payable on any claim for compensation under this paragraph unless the amount of the compensation exceeds £50.

• (4) In the application of this paragraph to Scotland—

• (a) for any reference in sub-paragraph (1) to section 10 of the Compulsory Purchase Act 1965 there is substituted a reference to section 6 of the Railway Clauses Consolidation (Scotland) Act 1845;

• (b) for the reference in that sub-paragraph to land that has been compulsorily purchased there is substituted a reference to land that has been taken or used for the purpose of a railway;

• (c) any question as to a person’s entitlement to compensation by virtue of that sub-paragraph, or as to the amount of that compensation, shall, in default of agreement, be determined by the Lands Tribunal for Scotland.

• (5) In the application of this paragraph to Northern Ireland—

• (a) for any reference in sub-paragraph (1) to section 10 of the Compulsory Purchase Act 1965 there is substituted a reference to Article 18 of the Land Compensation (Northern Ireland) Order 1982;

• (b) any question as to a person’s entitlement to compensation by virtue of sub-paragraph (1) above, or as to the amount of that compensation, shall, in default of agreement, be determined by the Lands Tribunal for Northern Ireland.

Objections to overhead apparatus

17

• (1) This paragraph applies where the operator has completed the installation for the purposes of the operator’s network of any electronic communications apparatus the whole or part of which is at a height of 3 metres or more above the ground.

• (2) At any time before the expiration of the period of 3 months beginning with the completion of the installation of the apparatus a person who is the occupier of or owns an interest in—

• (a) any land over or on which the apparatus has been installed, or

• (b) any land the enjoyment of which, or any interest in which, is, because of the nearness of the land to the land on or over which the apparatus has been installed, capable of being prejudiced by the apparatus,

may give the operator notice of objection in respect of that apparatus.

• (3) No notice of objection may be given in respect of any apparatus if the apparatus—

• (a) replaces any electronic communications apparatus which is not substantially different from the new apparatus; and

• (b) is not in a significantly different position.

• (4) Where a person has both given a notice under this paragraph and applied for compensation under any of the preceding provisions of this code, the court—

• (a) may give such direction as it thinks fit for ensuring that no compensation is paid until any proceedings under this paragraph have been disposed of, and

• (b) if the court makes an order under this paragraph, may provide in that order for some or all of the compensation otherwise payable under this code to that person not to be so payable, or, if the case so requires, for some or all of any compensation paid under this code to that person to be repaid to the operator.

• (5) At any time after the expiration of the period of 2 months beginning with the giving of a notice of objection but before the expiration of the period of 4 months beginning with the giving of that notice, the person who gave the notice may apply to the court to have the objection upheld.

• (6) Subject to sub-paragraph (7) below, the court shall uphold the objection if the apparatus appears materially to prejudice the applicant’s enjoyment of, or interest in, the land in right of which the objection is made and the court is not satisfied that the only possible alterations of the apparatus will—

• (a) substantially increase the cost or diminish the quality of the service provided by the operator’s network to persons who have, or may in future have, access to it, or

• (b) involve the operator in substantial additional expenditure (disregarding any expenditure occasioned solely by the fact that any proposed alteration was not adopted originally or, as the case may be, that the apparatus has been unnecessarily installed), or

• (c) give to any person a case at least as good as the applicant has to have an objection under this paragraph upheld.

• (7) The court shall not uphold the objection if the applicant is bound by a right of the operator falling within paragraph 2 or 3(1) above to install the apparatus and it appears to the court unreasonable, having regard to the fact that the applicant is so bound and the circumstances in which he became so bound, for the applicant to have given notice of objection.

• (8) In considering the matters specified in sub-paragraph (6) above the court shall have regard to all the circumstances and to the principle that no person should unreasonably be denied access to an electronic communications network or to electronic communications services.

• (9) If it upholds an objection under this paragraph the court may by order—

• (a) direct the alteration of the apparatus to which the objection relates;

• (b) authorise the installation (instead of the apparatus to which the objection relates), in a manner and position specified in the order, of any apparatus so specified;

• (c) direct that no objection may be made under this paragraph in respect of any apparatus the installation of which is authorised by the court.

• (10) The court shall not make any order under this paragraph directing the alteration of any apparatus or authorising the installation of any apparatus unless it is satisfied either—

• (a) that the operator has all such rights as it appears to the court appropriate that he should have for the purpose of making the alteration or, as the case may be, installing the apparatus, or

• (b) that—

• (i) he would have all those rights if the court, on an application under paragraph 5 above, dispensed with the need for the agreement of any person, and

• (ii) it would be appropriate for the court, on such an application, to dispense with the need for that agreement;

and, accordingly, for the purposes of dispensing with the need for the agreement of any person to the alteration or installation of any apparatus, the court shall have the same powers as it would have if an application had been duly made under paragraph 5 above for an order dispensing with the need for that person’s agreement.

• (11) For the purposes of sub-paragraphs (6)(c) and (10) above, the court shall have power on an application under this paragraph to give the applicant directions for bringing the application to the notice of such other interested persons as it thinks fit.

Obligation to affix notices to overhead apparatus

18

• (1) Where the operator has for the purposes of the operator’s network installed any electronic communications apparatus the whole or part of which is at a height of 3 metres or more above the ground, the operator shall, before the expiration of the period of 3 days beginning with the completion of the installation, in a secure and durable manner affix a notice—

• (a) to every major item of apparatus installed; or

• (b) if no major item of apparatus is installed, to the nearest major item of electronic communications apparatus to which the apparatus that is installed is directly or indirectly connected.

• (2) A notice affixed under sub-paragraph (1) above shall be affixed in a position where it is reasonably legible and shall give the name of the operator and an address in the United Kingdom at which any notice of objection may be given under paragraph 17 above in respect of the apparatus in question; and any person giving such a notice at that address in respect of that apparatus shall be deemed to have been furnished with that address for the purposes of paragraph 24(2A)(a) below.

• (3) If the operator contravenes the requirements of this paragraph he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (4) In any proceedings for an offence under this paragraph it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

Tree lopping

19

• (1) Where any tree overhangs any streetroad and, in doing so, either—

• (a) obstructs or interferes with the working of any electronic communications apparatus used for the purposes of the operator’s network, or

• (b) will obstruct or interfere with the working of any electronic communications apparatus which is about to be installed for those purposes,

the operator may by notice to the occupier of the land on which the tree is growing require the tree to be lopped so as to prevent the obstruction or interference.

• (2) If within the period of 28 days beginning with the giving of the notice by the operator, the occupier of the land on which the tree is growing gives the operator a counter-notice objecting to the lopping of the tree, the notice shall have effect only if confirmed by an order of the court.

• (3) If at any time a notice under sub-paragraph (1) above has not been complied with and either—

• (a) a period of 28 days beginning with the giving of the notice has expired without a counter-notice having been given, or

• (b) an order of the court confirming the notice has come into force,

the operator may himself cause the tree to be lopped as mentioned in sub-paragraph (1) above.

• (4) Where the operator lops a tree in exercise of the power conferred by sub-paragraph (3) above he shall do so in a husband-like manner and in such a way as to cause the minimum damage to the tree.

• (5) Where—

• (a) a notice under sub-paragraph (1) above is complied with either without a counter-notice having been given or after the notice has been confirmed, or

• (b) the operator exercises the power conferred by sub-paragraph (3) above,

the court shall, on an application made by a person who has sustained loss or damage in consequence of the lopping of the tree or who has incurred expenses in complying with the notice, order the operator to pay that person such compensation in respect of the loss, damage or expenses as it thinks fit.

Power to require alteration of apparatus

20

• (1) Where any electronic communications apparatus is kept installed on, under or over any land for the purposes of the operator’s network, any person with an interest in that land or adjacent land may (notwithstanding the terms of any agreement binding that person) by notice given to the operator require the alteration of the apparatus on the ground that the alteration is necessary to enable that person to carry out a proposed improvement of the land in which he has an interest.

• (2) Where a notice is given under sub-paragraph (1) above by any person to the operator, the operator shall comply with it unless he gives a counter-notice under this sub-paragraph within the period of 28 days beginning with the giving of the notice.

• (3) Where a counter-notice is given under sub-paragraph (2) above to any person, the operator shall make the required alteration only if the court on an application by that person makes an order requiring the alteration to be made.

• (4) The court shall make an order under this paragraph for an alteration to be made only if, having regard to all the circumstances and the principle that no person should unreasonably be denied access to an electronic communications network or to electronic communications services, it is satisfied—

• (a) that the alteration is necessary as mentioned in sub-paragraph (1) above; and

• (b) that the alteration will not substantially interfere with any service which is or is likely to be provided using the operator’s network.

• (5) The court shall not make an order under this paragraph for the alteration of any apparatus unless it is satisfied either—

• (a) that the operator has all such rights as it appears to the court appropriate that he should have for the purpose of making the alteration, or

• (b) that—

• (i) he would have all those rights if the court, on an application under paragraph 5 above, dispensed with the need for the agreement of any person, and

• (ii) it would be appropriate for the court, on such an application, to dispense with the need for that agreement;

and, accordingly, for the purposes of dispensing with the need for the agreement of any person to the alteration of any apparatus, the court shall have the same powers as it would have if an application had been duly made under paragraph 5 above for an order dispensing with the need for that person’s agreement.

• (6) For the purposes of sub-paragraph (5) above, the court shall have power on an application under this paragraph to give the applicant directions for bringing the application to the notice of such other interested persons as it thinks fit.

• (7) An order under this paragraph may provide for the alteration to be carried out with such modifications, on such terms and subject to such conditions as the court thinks fit, but the court shall not include any such modifications, terms or conditions in its order without the consent of the applicant, and if such consent is not given may refuse to make an order under this paragraph.

• (8) An order made under this paragraph on the application of any person shall, unless the court otherwise thinks fit, require that person to reimburse the operator in respect of any expenses which the operator incurs in or in connection with the execution of any works in compliance with the order.

• (9) In sub-paragraph (1) above “improvement” includes development and change of use.

Restriction on right to require the removal of apparatus

21

• (1) Where any person is for the time being entitled to require the removal of any of the operator’s electronic communications apparatus from any land (whether under any enactment or because that apparatus is kept on, under or over that land otherwise than in pursuance of a right binding that person or for any other reason) that person shall not be entitled to enforce the removal of the apparatus except, subject to sub-paragraph (12) below, in accordance with the following provisions of this paragraph.

• (2) The person entitled to require the removal of any of the operator’s electronic communications apparatus shall give a notice to the operator requiring the removal of the apparatus.

• (3) Where a person gives a notice under sub-paragraph (2) above and the operator does not give that person a counter-notice within the period of 28 days beginning with the giving of the notice, that person shall be entitled to enforce the removal of the apparatus.

• (4) A counter-notice given under sub-paragraph (3) above to any person by the operator shall do one or both of the following, that is to say—

• (a) state that that person is not entitled to require the removal of the apparatus;

• (b) specify the steps which the operator proposes to take for the purpose of securing a right as against that person to keep the apparatus on the land.

• (5) Those steps may include any steps which the operator could take for the purpose of enabling him, if the apparatus is removed, to re-install the apparatus; and the fact that by reason of the following provisions of this paragraph any proposed re-installation is only hypothetical shall not prevent the operator from taking those steps or any court or person from exercising any function in consequence of those steps having been taken.

• (6) Where a counter-notice is given under sub-paragraph (3) above to any person, that person may only enforce the removal of the apparatus in pursuance of an order of the court; and, where the counter-notice specifies steps which the operator is proposing to take to secure a right to keep the apparatus on the land, the court shall not make such an order unless it is satisfied—

• (a) that the operator is not intending to take those steps or is being unreasonably dilatory in the taking of those steps; or

• (b) that the taking of those steps has not secured, or will not secure, for the operator as against that person any right to keep the apparatus installed on, under or over the land or, as the case may be, to re-install it if it is removed.

• (7) Where any person is entitled to enforce the removal of any apparatus under this paragraph (whether by virtue of sub-paragraph (3) above or an order of the court under sub-paragraph (6) above), that person may, without prejudice to any method available to him apart from this sub-paragraph for enforcing the removal of that apparatus, apply to the court for authority to remove it himself; and, on such an application, the court may, if it thinks fit, give that authority.

• (8) Where an apparatus is removed by any person under an authority given by the court under sub-paragraph (7) above, any expenses incurred by him in or in connection with the removal of the apparatus shall be recoverable by him from the operator in any court of competent jurisdiction; and in so giving an authority to any person the court may also authorise him, in accordance with the directions of the court, to sell any apparatus removed under the authority and to retain the whole or a part of the proceeds of sale on account of those expenses.

• (9) Any electronic communications apparatus kept installed on, under or over any land shall (except for the purposes of this paragraph and without prejudice to paragraphs 6(3) and 7(3) above) be deemed, as against any person who was at any time entitled to require the removal of the apparatus, but by virtue of this paragraph not entitled to enforce its removal, to have been lawfully so kept at that time.

• (10) Where this paragraph applies (whether in pursuance of an enactment amended by Schedule 4 to this Act or otherwise) in relation to electronic communications apparatus the alteration of which some person(“the relevant person”) is entitled to require in consequence of the stopping up, closure, change or diversion of any streetroad or the extinguishment or alteration of any public right of way—

• (a) the removal of the apparatus shall constitute compliance with a requirement to make any other alteration;

• (b) a counter-notice under sub-paragraph (3) above may state (in addition to, or instead of, any of the matters mentioned in sub-paragraph (4) above) that the operator requires the relevant person to reimburse him in respect of any expenses which he incurs in or in connection with the making of any alteration in compliance with the requirements of the relevant person;

• (c) an order made under this paragraph on an application by the relevant person in respect of a counter-notice containing such a statement shall, unless the court otherwise thinks fit, require the relevant person to reimburse the operator in respect of any expenses which he so incurs; and

• (d) sub-paragraph (8) above shall not apply.

• (11) References in this paragraph to the operator’s electronic communications apparatus include references to electronic communications apparatus which (whether or not vested in the operator) is being, is to be or has been used for the purposes of the operator’s network.

• (12) A person shall not, under this paragraph, be entitled to enforce the removal of any apparatus on the ground only that he is entitled to give a notice under paragraph 11, 14, 17 or 20 above; and this paragraph is without prejudice to paragraph 23 below and to the power to enforce an order of the court under the said paragraph 11, 14, 17 or 20.

Abandonment of apparatus

22

Without prejudice to the preceding provisions of this code, where the operator has a right conferred by or in accordance with this code for the statutory purposes to keep electronic communications apparatus installed on, under or over any land, he is not entitled to keep that apparatus so installed if, at a time when the apparatus is not, or is no longer, used for the purposes of the operator’s network, there is no reasonable likelihood that it will be so used.

Undertaker’s works

23

• (1) The following provisions of this paragraph apply where a relevant undertaker is proposing to execute any undertaker’s works which involve or are likely to involve a temporary or permanent alteration of any electronic communications apparatus kept installed on, under or over any land for the purposes of the operator’s network.

• (2) The relevant undertaker shall, not less than 10 days before the works are commenced, give the operator a notice specifying the nature of the undertaker’s works, the alteration or likely alteration involved and the time and place at which the works will be commenced.

• (3) Sub-paragraph (2) above shall not apply in relation to any emergency works of which the relevant undertaker gives the operator notice as soon as practicable after commencing the works.

• (4) Where a notice has been given under sub-paragraph (2) above by a relevant undertaker to the operator, the operator may within the period of 10 days beginning with the giving of the notice give the relevant undertaker a counter-notice which may state either—

• (a) that the operator intends himself to make any alteration made necessary or expedient by the proposed undertaker’s works; or

• (b) that he requires the undertaker in making any such alteration to do so under the supervision and to the satisfaction of the operator.

• (5) Where a counter-notice given under sub-paragraph (4) above states that the operator intends himself to make any alteration—

• (a) the operator shall (subject to sub-paragraph (7) below) have the right, instead of the relevant undertaker, to execute any works for the purpose of making that alteration; and

• (b) any expenses incurred by the operator in or in connection with the execution of those works and the amount of any loss or damage sustained by the operator in consequence of the alteration shall be recoverable by the operator from the undertaker in any court of competent jurisdiction.

• (6) Where a counter-notice given under sub-paragraph (4) above states that any alteration is to be made under the supervision and to the satisfaction of the operator—

• (a) the relevant undertaker shall not make the alteration except as required by the notice or under sub-paragraph (7) below; and

• (b) any expenses incurred by the operator in or in connection with the provision of that supervision and the amount of any loss or damage sustained by the operator in consequence of the alteration shall be recoverable by the operator from the undertaker in any court of competent jurisdiction.

• (7) Where—

• (a) no counter-notice is given under sub-paragraph (4) above, or

• (b) the operator, having given a counter-notice falling within that sub-paragraph, fails within a reasonable time to make any alteration made necessary or expedient by the proposed undertaker’s works or, as the case may be, unreasonably fails to provide the required supervision,

the relevant undertaker may himself execute works for the purpose of making the alteration or, as the case may be, may execute such works without the supervision of the operator; but in either case the undertaker shall execute the works to the satisfaction of the operator.

• (8) If the relevant undertaker or any of his agents—

• (a) executes any works without the notice required by sub-paragraph (2) above having been given, or

• (b) unreasonably fails to comply with any reasonable requirement of the operator under this paragraph,

he shall, subject to sub-paragraph (9) below, be guilty of an offence and liable on summary conviction to a fine which—

• (i) if the service provided by the operator’s network is interrupted by the works or failure, shall not exceed level 4 on the standard scale; and

• (ii) if that service is not so interrupted, shall not exceed level 3 on the standard scale.

• (9) Sub-paragraph (8) above does not apply to a Northern Ireland department.

• (10) In this paragraph—

• “relevant undertaker” means—any person (including a local authority) authorised by any Act (whether public general or local) or by any order or scheme made under or confirmed by any Act to carry on—any railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking; or. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .any undertaking for the supply of water or the disposal of sewage;any person (apart from the operator) to whom this code is applied by a direction under section 106 of the Communications Act 2003; andany person to whom this paragraph is applied by any Act amended by or under or passed after this Act;

• “undertaker’s works” means—in relation to a relevant undertaker falling within paragraph (a) of the preceding definition, any works which that undertaker is authorised to execute for the purposes of, or in connection with, the carrying on by him of the undertaking mentioned in that paragraph;in relation to a relevant undertaker falling within paragraph (b) of that definition, any works which that undertaker is authorised to execute by or in accordance with any provision of this code; andin relation to a relevant undertaker falling within paragraph (c) of that definition, the works for the purposes of which this paragraph is applied to that undertaker.

• (11) The application of this paragraph by virtue of paragraph (c) of each of the definitions in sub-paragraph (10) above to any person for the purposes of any works shall be without prejudice to its application by virtue of paragraph (a) of each of those definitions to that person for the purposes of any other works.

Notices under code

24

• (1) Any notice required to be given by the operator to any person for the purposes of any provision of this code must be in a form approved by OFCOM as adequate for indicating to that person the effect of the notice and of so much of this code as is relevant to the notice and to the steps that may be taken by that person under this code in respect of that notice.

• (2) A notice required to be given to any person for the purposes of any provision of this code is not to be sent to him by post unless it is sent by a registered post service or by recorded delivery.

• (2A) For the purposes, in the case of such a notice, of section 394 of the Communications Act 2003 and the application of section 7 of the Interpretation Act 1978 in relation to that section, the proper address of a person is—

• (a) if the person to whom the notice is to be given has furnished the person giving the notice with an address for service under this code, that address; and

• (b) only if he has not, the address given by that section of the Act of 2003.

• (5) If it is not practicable, for the purposes of giving any notice under this code, after reasonable inquiries to ascertain the name and address—

• (a) of the person who is for the purposes of any provision of this code the occupier of any land, or

• (b) of the owner of any interest in any land,

a notice may be given under this code by addressing it to a person by the description of “occupier” of the land (describing it) or, as the case may be, “owner” of the interest (describing both the interest and the land) and by delivering it to some person on the land or, if there is no person on the land to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous object on the land.

• (6) In any proceedings under this code a certificate issued by OFCOM and stating that a particular form of notice has been approved by them as mentioned in sub-paragraph (1) above shall be conclusive evidence of the matter certified.

Appeals in Northern Ireland

25

Article 60 of the County Courts (Northern Ireland) Order 1980 (ordinary appeals from the county court in civil cases) shall apply in relation to any determination of the court in Northern Ireland under this code in like manner as it applies in relation to any decree of the court made in the exercise of the jurisdiction conferred by Part III of that Order.

Application to the Crown

26

• (1) This code shall apply in relation to land in which there subsists, or at any material time subsisted, a Crown interest as it applies in relation to land in which no such interest subsists.

• (2) In this paragraph “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall or to a Government department or which is held in trust for Her Majesty for the purposes of a Government department and, without prejudice to the foregoing, includes any interest which belongs to Her Majesty in right of Her Majesty’s Government in Northern Ireland or to a Northern Ireland department or which is held in trust for Her Majesty for the purposes of a Northern Ireland department.

• (3) An agreement required by this code to be given in respect of any Crown interest subsisting in any land shall be given by the appropriate authority, that is to say—

• (a) in the case of land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or, as the case may require, the government department having the management of the land in question;

• (b) in the case of land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of that Duchy;

• (c) in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

• (d) in the case of land belonging to Her Majesty in right of Her Majesty’s Government in Northern Ireland, the Northern Ireland department having the management of the land in question;

• (e) in the case of land belonging to a government department or a Northern Ireland department or held in trust for Her Majesty for the purposes of a government department or a Northern Ireland department, that department;

and if any question arises as to what authority is the appropriate authority in relation to any land that question shall be referred to the Treasury, whose decision shall be final.

• (4) Paragraphs 12(9) and 18(3) above shall not apply where this code applies in the case of the Secretary of State or a Northern Ireland department by virtue of section 106(3)(b) of the Communications Act 2003.

Savings for and exclusion of certain remedies etc.

27

• (1) Except in so far as provision is otherwise made by virtue of . . . Schedule 4 to this Act, this code shall not authorise the contravention of any provision made by or under any enactment passed before this Act.

• (2) The provisions of this code, except paragraphs 8(5) and 21 and sub-paragraph (1) above, shall be without prejudice to any rights or liabilities arising under any agreement to which the operator is a party.

• (3) Except as provided under the preceding provisions of this code, the operator shall not be liable to compensate any person for, or be subject to any other liability in respect of, any loss or damage caused by the lawful exercise of any right conferred by or in accordance with this code.

• (4) The ownership of any property shall not be affected by the fact that it is installed on or under, or affixed to, any land by any person in exercise of a right conferred by or in accordance with this code.

Application of code to existing systems

28

• (1) Subject to the following provisions of this paragraph, references in this code to electronic communications apparatus installed on, under or over any land include references to electronic communications apparatus so installed before this code comes into force.

• (2) Without prejudice to sub-paragraph (1) above, any line or other apparatus lawfully installed before this code comes into force which if this code had come into force could have been installed under paragraph 12 of this code shall (subject to sub-paragraph (6) below) be treated for the purposes of this code as if it had been so installed.

• (3) Any consent given (or deemed to have been given) for the purposes of any provision of the Telegraph Acts 1863 to 1916 before this code comes into force shall—

• (a) have effect after this code comes into force as an agreement given for the purposes of this code, and

• (b) so have effect, to any extent that is necessary for ensuring that the same persons are bound under this code as were bound by the consent, as if it were an agreement to confer a right or, as the case may require, to bind any interest in land of the person who gave (or is deemed to have given) the consent.

• (4) Where by virtue of sub-paragraph (3) above any person is bound by any right, that right shall not be exercisable except on the same terms and subject to the same conditions as the right which, by virtue of the giving of the consent, was exercisable before this code comes into force; and where under any enactment repealed by this Act those terms or conditions included a requirement for the payment of compensation or required the determination of any matter by any court or person, the amount of the compensation or, as the case may be, that matter shall be determined after the coming into force of this code in like manner as if this Act had not been passed.

• (5) A person shall not be entitled to compensation under any provision of this code if he is entitled to compensation in respect of the same matter by virtue of sub-paragraph (4) above.

• (6) Neither this code nor the repeal by this Act of any provision of the Telegraph Acts 1863 to 1916 (which contain provisions confirming or continuing in force certain agreements) shall prejudice any rights or liabilities (including any rights or liabilities transferred by virtue of section 60 of this Act) which arise at any time under any agreement which was entered into before this code comes into force and relates to the installation, maintenance, adjustment, repair, alteration or inspection of any electronic communications apparatus or to keeping any such apparatus installed on, under or over any land.

• (7) Any person who before the coming into force of this code has—

• (a) given a notice (“the Telegraph Acts notice”) under or for the purposes of any provision of the Telegraph Acts 1863 to 1916 to any person, or

• (b) made an application under or for the purposes of any such provision (including, in particular, an application for any matter to be referred to any court or person),

may give a notice to the person to whom the Telegraph Acts notice was given or, as the case may be, to every person who is or may be a party to the proceedings resulting from the application stating that a specified step required to be taken under or for the purposes of this code, being a step equivalent to the giving of the Telegraph Acts notice or the making of the application, and any steps required to be so taken before the taking of that step should be treated as having been so taken.

• (8) A notice may be given under sub-paragraph (7) above with respect to an application notwithstanding that proceedings resulting from the application have been commenced.

• (9) Where a notice has been given to any person under sub-paragraph (7) above, that person may apply to the court for an order setting aside the notice on the ground that it is unreasonable in all the circumstances to treat the giving of the Telegraph Acts notice or the making of the application in question as equivalent to the taking of the steps specified in the notice under that sub-paragraph; but unless the court sets aside the notice under that sub-paragraph, the steps specified in the notice shall be treated as having been taken and any proceedings already commenced shall be continued accordingly.

• (10) Where before this code comes into force anything has, in connection with the exercise by the operator of any power conferred on him by the Telegraph Acts 1863 to 1916, been done under or for the purposes of the street works code contained in the Public Utilities Street Works Act 1950, that thing shall, in so far as it could have been done in connection with the exercise of any power conferred by this code, have effect after this code comes into force, without any notice being given under sub-paragraph (7) above, as if it had been done in connection with the power conferred by this code.

• (11) In relation to anything done under section 5 of Schedule 3 to the Water Act 1945 or section 5 of Schedule 4 to the Water (Scotland) Act 1980 before the coming into force of this code, the preceding provisions of this paragraph shall have effect, so far as the context permits, as if references to the Telegraph Acts 1863 to 1916 included references to that section.

• (12) References in this paragraph to the coming into force of this code shall have effect as references to the time at which the code comes into force in relation to the operator.

SCHEDULE 3

1

The following subsections shall be substituted for subsection (1) of section 14 of the 1949 Act—

(1) Any person committing— (a) any offence under section 5(a) of this Act; or (b) any offence under section 13 of this Act; shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both, or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both. (1A) Any person committing— (a) any offence under section 1(1) of this Act consisting in the installation or use, otherwise than under and in accordance with a wireless telegraphy licence, of any apparatus not designed or adapted for emission (as opposed to reception); or (b) any offence under section 3(2) of this Act consisting in a contravention, in relation to any such apparatus, of any regulations made under that section; or (c) any offence under section 11(7) or 12(5) of this Act involving or consisting in a contravention of a notice of the Secretary of State in relation to any apparatus, not being apparatus the use of which is likely to cause undue interference with any wireless telegraphy used for the purpose of any safety of life service or any purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend; or (d) any offence under section 1(5) or 7(4) of this Act; or (e) any offence under section 12A of this Act; or (f) any offence under this Act which is an offence under section 5 or 8(2) of the Wireless Telegraphy Act 1967 (failure to comply with notices under Part I of that Act, giving false information, etc.); shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (1B) Any person committing— (a) any offence under section 1(1) of this Act other than one within subsection (1A)(a) of this section; or (b) any offence under section 11(7) of this Act other than one within subsection (1A)(c) of this section; shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both. (1C) Any person committing any other offence under this Act shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The following provisions shall not apply where a person is convicted of an offence under the 1949 Act—

• (a) section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (which gives the convicting court in England and Wales power to deprive a person convicted of an offence of property used etc. for purposes of crime); and

• (b) Part II of the Proceeds of Crime (Scotland) Act 1995 and Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (which give the convicting court in Scotland and Northern Ireland respectively power corresponding to the power under that section).

SCHEDULE 4

Interpretation

1

• (1) In this Schedule and in any enactment amended by this Schedule—

• “the operator” means—in relation to a telecommunications code system the running of which is authorised by a licence under section 7 of this Act, the person to whom the telecommunications code is applied by that licence; andin relation to a telecommunications code system which the Secretary of State or a Northern Ireland department is running or proposing to run, the Secretary of State or, as the case may be, that department;

• “public telecommunications operator” has the meaning given by section 9(3) of this Act;

• “telecommunication apparatus” has the same meaning as in Schedule 2 to this Act;

• “telecommunication system” has the meaning given by subsection (1) of section 4 above (read with subsection (2) of that section);

• “the telecommunications code” means the code contained in Schedule 2 to this Act;

• “telecommunications code system” means—a telecommunications system the running of which is authorised by a licence under section 7 of this Act applying the telecommunications code to any person; ora telecommunication system which the Secretary of State or a Northern Ireland department is running or proposing to run and in relation to which the telecommunications code has effect by virtue of section 10(1)(b) of this Act.

• (2) Subsection (11) of section 7 of this Act shall apply for the purposes of this Schedule and any enactment amended by this Schedule as it applies for the purposes of that section and the following provisions of Part II of this Act.

General

2

Enactments relating to statutory undertakers, etc.

3

The Telegraph Acts 1863 and 1868

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Foreign Enlistment Act 1870

5

In section 30 of the Foreign Enlistment Act 1870 (interpretation), in the definition of “military service” for the words “military telegraphy” there shall be substituted the words “ military telecommunications ”.

The Electric Lighting Act 1882

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Military Tramways Act 1887

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Electric Lighting Act 1888

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Electric Lighting (Clauses) Act 1899

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Telegraph Act 1899

10

In section 2(1) of the Telegraph Act 1899 (supplemental provision with respect to public telephonic systems by certain local authorities), for the words from “by” to “communication” there shall be substituted the words “ to run a public telecommunication system (within the meaning of the Telecommunications Act 1984) ”.

The Cinematograph Act 1909

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Official Secrets Act 1911

12

The Electricity (Supply) Act 1919

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Official Secrets Act 1920

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Electricity (Supply) Act 1922

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Law of Property Act 1925

16

The Roads Improvement Act 1925

17

• (1) For subsection (6) of section 1 of the Roads Improvement Act 1925 (which applies section 7 of the Telegraph Act 1878 to work in connection with the planting of trees etc. in highways) there shall be substituted the following subsections:—

(6) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of any works which may be done in exercise of the powers conferred by this section, to the persons on whom those powers are conferred. (7) Sub-paragraph (8) of paragraph 23 of the telecommunications code (offence) shall be deemed to be omitted for the purposes of the application by this section of that paragraph to the Minister.

.

• (2) For subsection (9) of section 5 of the said Act of 1925 (saving for enactments relating to telegraphs) there shall be substituted the following subsection:—

(9) Nothing in this section shall affect any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or apply to any telecommunication apparatus kept installed for the purposes of any such system.

.

The Public Health Act 1925

18

In section 10 of the Public Health Act 1925 (under which nothing in that Act is to affect works or apparatus of British Telecommunications), for the words from “works” to “or any” there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or the execution for those purposes of any works or any ”.

The Bridges Act 1929

19

For section 13 of the Bridges Act 1929 (which applies section 7 of the Telegraph Act 1878 to work authorised or required by an order made under that Act) there shall be substituted the following section:—

(13) (1) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a bridge owner or highway authority for the purposes of works authorised or required by an order under this Act. (2) Sub-paragraph (8) of paragraph 23 of the telecommunications code (offence) shall be deemed to be omitted for the purposes of the application by this section of that paragraph to the Secretary of State in any capacity.

.

The Restriction of Ribbon Development Act 1935

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Civil Defence Act (Northern Ireland) 1939

21

For section 71 of the Civil Defence Act (Northern Ireland) 1939 (which applies section 7 of the Telegraph Act 1878 to work authorised or required to be done under that Act) there shall be substituted the following section:—

(71) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes conferred by this Act, to the persons on whom those powers are conferred.

.

The Water Act 1945

22

• (1) The Water Act 1945 shall be amended in accordance with the following provisions of this paragraph.

• (2) For section 60 (which applies section 7 of the Telegraph Act 1878 to works authorised by an order under the Water Act 1945) there shall be substituted the following section:—

(60) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of any works the execution of which is authorised by an order under this Act, to the person authorised by that order to execute those works.

.

• (3) In the proviso to section 4 of Schedule 3 (subsidiary works not to interfere with telegraphic lines etc.), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such system. ”.

• (4) Section 5 of Schedule 3 (which confers power on a water undertaker to operate a system of telegraphic communication) shall cease to have effect.

• (5) In section 70 of Schedule 3, for paragraph (a) of the proviso (works under that section not to interfere with telegraphic lines) there shall be substituted the following paragraph:—

(a) any telecommunication apparatus kept installed for the purposes of a telecommunications code system, except in accordance with, and subject to the provisions of, the telecommunications code;

.

• (6) Without prejudice to section 20(2) of the Interpretation Act 1978 (references to enactments), references in this paragraph to a provision of the said Schedule 3 shall include references to that Schedule as incorporated or applied by or under any enactment.

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

23

In section 3 of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (which empowers the Secretary of State to extinguish certain public rights of way over land acquired), after subsection (4) there shall be inserted the following subsection:—

(4A) In subsection (4) above, the reference to apparatus belonging to statutory undertakers shall include a reference to apparatus kept installed for the purposes of a telecommunications code system; and in relation to any such apparatus the references to the undertakers shall have effect as references to the operator of the system.

.

The Electricity Act 1947

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Roads Act (Northern Ireland) 1948

25

For subsections (1) and (2) of section 41 of the Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed before the coming into operation of the Roads (Northern Ireland) Order 1980, there shall be substituted the following subsections:—

(1) Subject to subsection (1A), nothing in this Act or in any order made under it shall affect any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or apply to any telecommunication apparatus kept installed for the purposes of any such system. (1A) Where in pursuance of an order under section 17 any road is stopped up, diverted or abandoned and immediately before that order comes into force there is under, in, over, along or across the road any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into force; but the Department or any person in whom the site of that road is vested shall be entitled to require the alteration of the apparatus. (1B) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Department for the purposes of any work authorised to be carried out under this Act. (1C) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsection (1A) as it applies for the purposes of that code. (2) Paragraph 21 of the telecommunications code (restrictions on removal of apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

.

The Special Roads Act 1949

26

• (1) For section 20 of the Special Roads Act 1949 (saving for British Telecommunications) there shall be substituted the following section:—

(20) (1) Subject to the provisions of this section, nothing in this Act or in any scheme or order made under it affects any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that code or applies to any telecommunication apparatus kept installed for the purposes of any such system. (2) Where in pursuance of an order under section 3 of this Act any road is stopped up or diverted and immediately before the order comes into force there is under, in, upon, over, along or across the road any telecommunication apparatus kept installed for the purposes of a telecommunication code system, the operator of that system shall have the same powers in respect of the telecommunication apparatus as if the order had not become operative; but any person entitled to land over which the road subsisted shall be entitled to require the alteration of the apparatus. (3) Where an order under the said section 3 provides for the alteration of any road, not being a trunk road and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the road any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the highway authority shall be entitled to require the alteration of the apparatus. This subsection does not have effect so far as it relates to the alteration of any telecommunication apparatus for the purpose of authority’s works as defined in Part II of the Public Utilities Street Works Act 1950. (4) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code. (5) Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

.

• (2) In relation to an order under section 3 of the said Act of 1949 coming into force before the appointed day, section 20 of that Act shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Coast Protection Act 1949

27

In section 47 of the Coast Protection Act 1949, for paragraph (b) (savings for powers or duties of British Telecommunications) there shall be substituted the following paragraph:—

(b) affect any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that code;

.

The National Parks and Access to the Countryside Act 1949

28

• (1) In the proviso to section 20(2) of the National Parks and Access to the Countryside Act 1949 (byelaws for protection of nature reserves not to interfere with the exercise of functions by statutory undertakers), at the end there shall be inserted the words “ or with the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the operator of any such system. ”.

• (2) In section 60(5)(f) of that Act (under which land covered by works used for the purposes of a statutory undertaking is excepted land for the purposes of Part V of that Act), after the word “undertaking” there shall be inserted the words “ or a telecommunications code system ”.

The Public Utilities Street Works Act 1950

29

• (1) The Public Utilities Street Works Act 1950 shall be amended in accordance with the following provisions of this paragraph.

• (2) In sections 3(2)(b), 4(2)(b), 6(1)(b), 10(1)(i), 26(2) and 28(3)(a) and paragraph 5(1)(b) of Schedule 1 and paragraph 1(1) of Schedule 3 (which refer to overhead telegraphic lines), for the words “an overhead telegraphic line”, wherever occurring, there shall be substituted the words “ overhead telecommunication apparatus ”.

• (3) For paragraph (c) of section 38(3) (under which the references to a service pipe or service line include certain underground telegraphic lines) there shall be substituted the following paragraph:—

(c) any telecommunication apparatus placed or intended to be placed underground for the purpose of providing a service by means of a telecommunication system to or from any premises, as distinct from telecommunication apparatus placed or intended to be placed for the general purposes of any such system

.

• (4) In Schedule 7 (application to London)—

• (a) in paragraph 6, for the words “overhead telegraphic lines” there shall be substituted the words “ overhead telecommunication apparatus ”; and

• (b) in paragraph 8(1), for the words “an overhead telegraphic line” there shall be substituted the words “ overhead telecommunication apparatus ”.

The Defamation Act 1952

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government (Miscellaneous Provisions) Act 1953

31

In section 6 of the Local Government (Miscellaneous Provisions) Act 1953 (supplementary provisions as to bus shelters)—

• (a) in subsection (1), for the words from “telegraphic line” to “in obtaining” there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system and the operator of that system notifies the local authority that he requires to obtain access to the apparatus, the authority shall, unless they temporarily remove the shelter or accommodation for the purpose of affording such access or so much thereof as is necessary for that purpose, be liable to repay to the operator so much of the expenses reasonably incurred by him in obtaining ”; and

• (b) in subsection (2), for the words from “telegraphic line” to “there were” there shall be substituted the words “ telecommunication apparatus as is therein mentioned, and as if for any reference therein to the operator of the system in question there were ”.

The Defamation Act (Northern Ireland) 1955

32

The Lough Neagh and Lower Bonn Drainage and Navigation Act (Northern Ireland) 1955

33

For subsection (2) of section 17 of the Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955 (which applies section 7 of the Telegraph Act 1878 in relation to schemes under the said Act of 1955) there shall be substituted the following subsection:—

(2) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply by the Department for the purposes of any works authorised by a scheme under this Act.

.

The Electricity Act 1957

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing Act 1957

35

• (1) After section 74 of the Housing Act 1957, in Part III of that Act (clearance and redevelopment), there shall be inserted the following section:—

(74A) (1) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a local authority for the purposes of any works which they are authorised to execute under this Part of this Act. (2) Where in pursuance of an order under section 64 of this Act a public right of way over land is extinguished and, at the beginning of the day on which the order comes into operation, there is under, in, on, over, along or across the land any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into operation; but any person entitled to land over which the right of way subsisted shall be entitled to require the alteration of the apparatus. (3) The proviso to subsection (3) of the said section 64 shall have effect in relation to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system, and to telecommunication apparatus kept installed for the purposes of any such system, as it has effect in relation to rights vested in and apparatus belonging to statutory undertakers. (4) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code. (5) Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

.

• (2) In relation to any order under section 64 of the said Act of 1957 coming into force before the appointed day, paragraph 33 of Schedule 3 to the 1981 Act (which made provision corresponding to sub-paragraph (1) above in relation to British Telecommunications) shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Land Drainage (Scotland) Act 1958

36

• (1) For section 17 of the Land Drainage (Scotland) Act 1958 (which applies section 7 of the Telegraph Act 1878 to works under an improvement order) there shall be substituted the following section:—

(17) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the authorised persons under an improvement order for the purposes of works in pursuance of that order.

.

• (2) In the proviso to paragraph 3 of Schedule 2 to that Act (temporary works not to interfere with telegraphic lines etc.), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such system. ”.

The Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958

37

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

• (a) in subsection (1), for the words from “telegraphic line” to “in obtaining” there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system, and the operator of that system notifies the local authority that he requires to obtain access to that apparatus, the authority shall, unless they temporarily remove the shelter, barriers or posts for the purpose of affording such access, or so much thereof as is necessary for that purpose, be liable to repay the operator of that system so much of the expenses reasonably incurred by him in obtaining ”; and

• (b) in subsection (2), for the words from “telegraphic line” to “there were” there shall be substituted the words “ telecommunication apparatus as is therein mentioned, and as if for any reference therein to the operator of the system in question there were ”.

The Opencast Coal Act 1958

38

• (1) Section 45 of the Opencast Coal Act 1958 (provisions as to telegraphic lines) shall be amended in accordance with the following provisions of this paragraph.

• (2) In subsection (1) (prohibition on interference with telegraphic lines), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or include any right or power to require any such apparatus to be altered ”.

• (3) For subsection (2) (application of section 7 of the Telegraph Act 1878 to authorised operations) there shall be substituted the following subsection:—

(2) Where an authorisation has been granted under section 1 of this Act, paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Board for the purposes of any authorised operations.

.

• (4) In subsection (3) (powers in relation to telegraphic lines where public right of way suspended), for the words from “telegraphic line” to “that line” there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same rights in respect of that apparatus ”.

• (5) For subsection (4) (meaning of “telegraphic line” and “alter”) there shall be substituted the following subsection:—

(4) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsection (1) above as it applies for the purposes of that code.

.

The Flood Prevention (Scotland) Act 1961

39

• (1) The Flood Prevention (Scotland) Act 1961 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 3(4) (flood prevention works affecting statutory undertakers to be carried out only with their consent, which shall not be unreasonably refused), for the words “except with the consent in writing of the statutory undertakers” there shall be substituted the words “ or any telecommunication apparatus kept installed for the purposes of a telecommunications code system or the running of any such system, except with the consent in writing of the statutory undertakers or, as the case may be, the operator of the system ”.

• (3) In the proviso to paragraph 2 of Schedule 1 (temporary works not to interfere with certain telegraphic lines etc.), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such system. ”.

• (4) In paragraph 3(1) of Schedule 2 (which specifies the persons on whom certain notices are to be served), for paragraph (e) there shall be substituted the following paragraph:—

(e) the operator of a telecommunications code system the running of which may be affected by any of the operations or by any alteration in the flow of water caused by the operations

.

The Public Health Act 1961

40

The Pipe-lines Act 1962

41

In section 40 of the Pipe-lines Act 1962 (avoidance of interference with telegraphic lines etc.)—

• (a) in subsection (1), for the words from “telegraphic line” to “such line” there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such system ”; and

• (b) for subsections (2) and (3) there shall be substituted the following subsection:—

(2) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of works in pursuance of a compulsory rights order, to the person authorised to execute those works.

.

The Water Resources Act 1963

42

• (1) In section 67 of the Water Resources Act 1963 (compulsory powers for carrying out engineering or building operations), after subsection (5) there shall be inserted the following subsection:—

(5A) An order under this section shall not authorise the doing of anything to or in relation to any telecommunication apparatus kept installed for the purposes of a telecommunications code system.

.

• (2) For section 130 of that Act (which applies section 7 of the Telegraph Act 1878 to engineering or building operations of a water authority) there shall be substituted the following section:—

(130) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a water authority for the purposes of engineering or building operations of the authority.

.

The Harbours Act 1964

43

For section 53 of the Harbours Act 1964 (saving for telegraphic lines) there shall be substituted the following section:—

(53) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of works in pursuance of a harbour revision order and works authorised by a harbour empowerment order, to the person authorised to execute those works.

.

The New Towns Act (Northern Ireland) 1965

44

• (1) In section 25 of the New Towns Act (Northern Ireland) 1965 (extinguishment of public rights of way), after subsection (9) there shall be inserted the following subsections:—

(9A) Where in pursuance of an order under this section a public right of way over land is extinguished and, at the beginning of the day on which the order comes into operation there is under, in, on, over, along or across the land any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into operation; but any person entitled to land over which the right of way existed shall be entitled to require the alteration of the apparatus. (9B) Where the Department has approved an order under this section in respect of any right of way in circumstances in which subsection (9A) applies in relation to the operator of any telecommunications code system, the Department shall send a copy of the order to the operator. (9C) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal, or replacement of apparatus) shall apply for the purposes of subsection (9A) as it applies for the purposes of that code. (9D) Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

.

• (2) In relation to an order under section 25 of the said Act of 1965 coming into force before the appointed day, paragraph 76(2) of Schedule 3 to the 1981 Act (which made provision corresponding to sub-paragraph (1) above in relation to British Telecommunications) shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Housing (Scotland) Act 1966

45

After section 57 of the Housing (Scotland) Act 1966, in Part III of that Act (clearance), there shall be inserted the following section:—

(57A) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a local authority for the purposes of any works which they are authorised to execute under this Part of this Act.

.

The Countryside (Scotland) Act 1967

46

• (1) In section 11(5)(f) of the Countryside (Scotland) Act 1967 (under which land covered by works used for the purposes of a statutory undertaking is excepted land for the purposes of Part II of that Act), after the words “statutory undertaking” there shall be inserted the words “ or a telecommunications code system ”.

• (2) In subsection (7) of section 38 of that Act (saving in respect of telegraphic lines in the case of the closure or diversion of a public path), for the words from “any telegraphic line” to the end of the proviso there shall be substituted the words “ any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of the telecommunication apparatus as if the order had not come into force; but any person entitled to land over which the path subsisted shall be entitled to require the alteration of the apparatus ”; and after that subsection there shall be inserted the following subsections:—

(8) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code. (9) Paragraph 21 of the telecommunications code (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

.

• (3) In relation to any such order as is mentioned in the said subsection (7) coming into force before the appointed day, that subsection shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (2) above.

• (4) In subsection (6) of section 54 of the said Act of 1967 (byelaws for the protection of the countryside etc. not to interfere with the exercise of functions by statutory undertakers), at the end there shall be inserted the words “ or with the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the operator of any such system. ”.

The New Towns (Scotland) Act 1968

47

• (1) The New Towns (Scotland) Act 1968 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 14(2) (under which provisions as to extinguishment of rights over land do not apply in relation to rights and apparatus of statutory undertakers), at the end there shall be inserted the words “ or to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or to any telecommunication apparatus kept installed for the purposes of any such system. ”.

• (3) In the proviso to section 19(1) (under which the power to override servitudes etc. shall not be used to interfere with rights vested in or belonging to statutory undertakers), at the end there shall be inserted the words “ or a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system. ”.

• (4) For section 24 (which contains provision with respect to telegraphic lines where a public right of way is extinguished under that Act) there shall be substituted the following section:—

(24) (1) Where an order under section 23 of this Act extinguishing a public right of way is made on the application of a development corporation or local highway authority, and at the time of the publication of the notice required by subsection (2) of that section any telecommunication apparatus was kept installed for the purposes of a telecommunications code system under, in, on, over, along or across the land over which the right of way subsisted— (a) the power of the operator of the system to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished, and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the system has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be; (b) the operator of the system may by notice given in that behalf to the corporation or authority not later than the end of the said period of three months abandon the telecommunication apparatus or any part of it; (c) subject to paragraph (b) above, the operator of the system shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove; (d) the operator of the system shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the apparatus and any other telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require; (e) where under the foregoing provisions of this subsection the operator of the system has abandoned the whole or any part of any telecommunication apparatus, that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system. (2) Where the Secretary of State makes an order under section 23 of this Act in relation to a right of way in circumstances in which subsection (1) of this section applies in relation to the operator of any telecommunications code system, the Secretary of State shall send a copy of the order to the operator.

.

• (5) Where in any case a notice has been given before the appointed day under section 23(2) of the said Act of 1968 (notice of proposal to extinguish right of way) section 24 of that Act shall have effect in relation to that case, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (4) above.

• (6) In section 26 (extinguishment of rights of way and rights as to apparatus of statutory undertakers), after subsection (7) there shall be inserted the following subsection:—

(8) Except in a case in which section 24 above has effect— (a) the reference in paragraph (a) of subsection (2) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system; and (b) the reference in paragraph (b) of that subsection to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to telecommunication apparatus kept installed for the purposes of any such system; and for the purposes of this subsection, in this section (except in the said paragraphs (a) and (b)) and in Schedule 5 to this Act and section 27 below, references to statutory undertakers shall have effect as references to the operator of any such system, references, in relation to such an operator, to the carrying on of his undertaking shall have effect as references to the running of the telecommunications code system in question and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.

.

• (7) After section 36 (which, with section 35, makes provision for the transfer etc. of the undertakings of development corporations) there shall be inserted the following section:—

(36A) Sections 35 and 36 of this Act shall have effect as if references to statutory undertakers included references to the operator of any telecommunications code system and as if for this purpose— (a) references to a statutory undertaking were references to the running of such a system; and (b) references to the appropriate Minister were references to the Secretary of State for Trade and Industry.

.

The Countryside Act 1968

48

• (1) In subsections (4) and (12) of section 41 of the Countryside Act 1968 (certain byelaws not to interfere with exercise of certain functions), at the end there shall be inserted the words “ or with the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the operator of any such system ”.

• (2) In paragraph 6 of Schedule 2 to that Act (saving for rights of statutory undertakers), at the end there shall be inserted the words “ or to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system. ”.

The Sewerage (Scotland) Act 1968

49

In section 22(1) of the Sewerage (Scotland) Act 1968 (Part I of that Act not to authorise interference with carrying on of a statutory undertaking), for the words from “without” onwards there shall be substituted the words “ or the running of a telecommunications code system without the consent of the statutory undertakers concerned or, as the case may be, of the operator of that system. ”.

The Post Office Act 1969

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Roads (Scotland) Act 1970

51

• (1) The Roads (Scotland) Act 1970 shall be amended in accordance with the following provisions of this paragraph.

• (2) In subsection (6) of section 7 (power to divert waters after consulting local authority and other bodies acting under statutory powers), at the end there shall be inserted the words “ ; and in subsection (3) above the reference to a body acting under statutory powers includes a reference to the operator of a telecommunications code system (whether or not a body) acting in pursuance of any right conferred by or in accordance with the telecommunications code. ”.

• (3) For subsection (3) of section 9 (which applies section 7 of the Telegraph Act 1878 to work authorised by a scheme made by a highway authority) there shall be substituted the following subsections:—

(3) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of any works authorised by a scheme made by a highway authority under this section, to the person authorised to do the works. (4) Sub-paragraph (8) of paragraph 23 of the telecommunications code (offence) shall be deemed to be omitted for the purposes of the application by this section of that paragraph to a highway authority in relation to a trunk road.

.

• (4) In section 50 (interpretation)—

• (a) in subsection (1), for the definition of statutory undertakers there shall be substituted the following definition:—

• “statutory undertakers” means—
• any statutory undertakers as defined in section 275(1) of the Town and Country Planning (Scotland) Act 1972;
• the Post Office; and
• except in section 39(4) of this Act, the operator of any telecommunications code system;

;

• (b) after subsection (2) there shall be inserted the following subsection—

(2A) Any reference in this Act to apparatus belonging to statutory undertakers shall, in relation to the operator of a telecommunications code system, have effect as a reference to telecommunication apparatus kept installed for the purposes of that system.

.

The Harbours Act (Northern Ireland) 1970

52

For section 37 of the Harbours Act (Northern Ireland) 1970 (which applies sections 6 and 7 of the Telegraph Act 1878 in relation to a harbour order) there shall be substituted the following section:—

(37) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a person authorised by a harbour order to execute any works, for the purposes of those works.

.

The Town and Country Planning Act 1971

53

The Town and Country Planning (Scotland) Act 1972

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Electricity Supply (Northern Ireland) Order 1972

55

• (1) The Electricity Supply (Northern Ireland) Order 1972 shall be amended in accordance with the following provisions of this paragraph.

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In paragraph 3 of Schedule 3 (works in or under roads or bridges), the references to British Telecommunications shall have effect as references to the operator of any telecommunications code system for the purposes of which any telecommunication apparatus is kept installed in, under, along or across the road or bridge mentioned in that paragraph.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Planning (Northern Ireland) Order 1972

56

• (1) The power to make a development order under Article 13 of the Planning (Northern Ireland) Order 1972 (development orders) shall include power—

• (a) to repeal paragraph 12(3) of Schedule 5 to that Order and sub-paragraph (5) below; and

• (b) to make any such provision as is mentioned in that Article in relation to cases in which planning permission is required by virtue of that repeal;

and the power conferred by virtue of this sub-paragraph shall include power to make different provision for different cases.

• (2) In Article 80(2) of that Order (copies of notices to be served on certain persons), at the end there shall be inserted the words “ and on the operator of any telecommunications code system for the purposes of which any telecommunication apparatus is kept installed along, across, under or over any such land. ”.

• (3) For Article 81 of that Order (telegraphic lines) there shall be substituted the following Article;—

(81) (1) Where an order is made under Article 79 and immediately before the date on which the order became operative there was, under, in, on, over, along or across the right of way any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not become operative; but the Department shall be entitled to require the alteration of the apparatus. (2) If the operator of a telecommunications code system removes any telecommunication apparatus in circumstances in which paragraph (1) applies and serves a notice on the Department notifying the Department of the removal, the operator shall be entitled to recover from the Department the expense of providing in substitution for the apparatus and any telecommunication apparatus connected therewith which is rendered useless in consequence of the removal, any telecommunication apparatus in such other place as the operator may require. (3) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this Article as it applies for the purpose of that code. (4) Paragraph 21 of the telecommunications code (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this Article to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

.

• (4) In relation to an order under Article 79 of that Order which becomes operative before the appointed day, Article 81 of that Order shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (3) above.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Fair Trading Act 1973

57

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The Drainage (Northern Ireland) Order 1973

58

• (1) For paragraph 3 of Schedule 9 to the Drainage (Northern Ireland) Order 1973, there shall be substituted the following paragraph;—

(3) (1) Subject to the provisions of this paragraph, nothing in this Order or any scheme made thereunder shall affect any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or authorise the Department to interfere with any telecommunication apparatus kept installed for the purposes of any such system. (2) Where for the purposes of carrying out any scheme, the Department diverts or closes any public road, or any part of a public road, under, in, on, over, along or across which there is any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if such road or part had not been diverted or closed; but the Department or any person in whom the site of that road, or part of a road, is vested shall be entitled to require the alteration of the apparatus. (3) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Department for the purposes of the carrying out of any drainage scheme or of a confirmed scheme under Schedule 7. (4) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this paragraph as it applies for the purposes of the code. (5) Paragraph 21 of the telecommunications code (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this paragraph to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

.

• (2) Where in any case a public road or part of a public road is diverted or closed as mentioned in sub-paragraph (2) of paragraph 3 of the said Schedule 9 before the appointed day, that paragraph shall have effect in relation to that case, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Water and Sewerage Services (Northern Ireland) Order 1973

59

In article 58 of the Water and Sewerage Services (Northern Ireland) Order 1973 (protection of telegraphic and telephonic wires), in paragraph (1), for the words “telegraphic, telephonic or electric signalling communication” there shall be substituted the word “ telecommunications ”.

The Consumer Credit Act 1974

60

• (1) In section 16(6) of the Consumer Credit Act 1974 (power by order to provide exemption from the regulation of consumer hire agreements), for the words after paragraph (b) there shall be substituted the words “ or where the owner is a public telecommunications operator specified in the order ”.

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

The Housing (Scotland) Act 1974

61

• (1) After section 36 of the Housing (Scotland) Act 1974, in Part II of that Act (substandard houses), there shall be inserted the following section;—

(36A) (1) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to a local authority for the purposes of any works which they are authorised to execute under this Part of this Act. (2) Where in pursuance of an order under section 33 of this Act a public right of way over land is extinguished or a street is closed or diverted, and, at the beginning of the day on which the order comes into operation, there is under, in, on, over, along or across the land or street any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into operation; but any person entitled to land over which the right of way subsisted shall be entitled to require the alteration of the apparatus. (3) The proviso to subsection (4) of the said section 33 shall have effect in relation to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system and to telecommunication apparatus kept installed for the purposes of any such system as it has effect in relation to rights vested in and apparatus belonging to statutory undertakers. (4) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code. (5) Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

.

• (2) In relation to an order under section 33 of the said Act of 1974 coming into force before the appointed day, paragraph 47 of Schedule 3 to the 1981 Act (which made provision corresponding to sub-paragraph (1) above in relation to British Telecommunications) shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Finance (No. 2) Act 1975

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Scottish Development Agency Act 1975

63

For subsection (8) of section 10 of the Scottish Development Agency Act 1975 (saving for Telegraph Acts 1863 to 1916 in respect of powers of entry) there shall be substituted the following subsection:—

(8) Nothing in this section shall affect any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that code or apply to any telecommunication apparatus kept installed for the purposes of any such system.

.

The Airports Authority Act 1975

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Restrictive Trade Practices Act 1976

65

The Land Drainage Act 1976

66

• (1) In section 23(4) of the Land Drainage Act 1976 (notice of arrangements to be given to British Telecommunications and to be published), for the words from “give” to “like notice” there shall be substituted the words “ publish a notice of their intention ”.

• (2) In section 112(2) of that Act (which specifies the undertakings whose property and works are not to be interfered with by work under that Act), after paragraph (d) there shall be inserted the following paragraph:—

(e) any undertaking consisting in the running of a telecommunications code system.

.

The Development of Rural Wales Act 1976

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Gas (Northern Ireland) Order 1977

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rates (Northern Ireland) Order 1977

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Electricity (Scotland) Act 1979

70

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Land Registration (Scotland) Act 1979

71

In section 28(1) of the Land Registration (Scotland) Act 1979 (interpretation etc.), in the definition of “overriding interest”, after pargraph (e) there shall be inserted the following paragraph:—

(ee) the operator having a right conferred in accordance with paragraph 2, 3 or 5 of Schedule 2 to the Telecommunications Act 1984 (agreements for execution of works, obstruction of access, etc.);

.

The Estate Agents Act 1979

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Competition Act 1980

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Water (Scotland) Act 1980

74

• (1) Schedule 4 to the Water (Scotland) Act 1980 (provisions to be incorporated in orders relating to water undertakers) shall be amended in accordance with the following provisions of this paragraph.

• (2) In the proviso to section 4 of the Schedule (subsidiary works not to interfere with telegraphic lines etc), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with the service provided by any such system. ”.

• (3) Section 5 of the Schedule (which confers power on a water undertaking to operate a system of telegraphic communication) shall cease to have effect.

• (4) In section 36 of the Schedule, for paragraph (a) of the proviso (works under that section not to interfere with telegraphic lines) there shall be substituted the following paragraph:—

(a) any telecommunication apparatus kept installed for the purposes of a telecommunications code system, except in accordance with, and subject to the provisions of, the telecommunications code; or

.

• (5) Without prejudice to section 20(2) of the Interpretation Act 1978 (references to enactments), references in this paragraph to the said Schedule 4 shall include references to that Schedule as incorporated or applied by or under any enactment.

The Local Government, Planning and Land Act 1980

75

• (1) Schedule 28 to the Local Government, Planning and Land Act 1980 shall be amended as follows.

• (2) In paragraph 5(2) (under which provisions as to extinguishment of rights over land do not apply in relation to rights and apparatus of statutory undertakers), at the end there shall be inserted the words “ or to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or to any telecommunication apparatus kept installed for the purposes of any such system ”.

• (3) In paragraph 6(2) (under which the power to override easements etc. shall not be used to interfere with rights vested in, or belonging to, statutory undertakers), at the end there shall be inserted the words “ or a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system ”.

• (4) For paragraph 13 (which contains provision with respect to telegraphic lines where a public right of way is extinguished under that Schedule) there shall be substituted the following paragraph:—

(13) (1) Where an order under paragraph 11 above extinguishing a public right of way is made on the application of an urban development corporation or local highway authority, and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph any telecommunication apparatus was kept installed for the purposes of a telecommunications code system under, in, on, over, along or across the land over which the right of way subsisted— (a) the power of the operator of the system to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the system has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be; (b) the operator of the system may by notice given in that behalf to the corporation or authority not later than the end of the said period of three months abandon the telecommunication apparatus or any part of it; (c) subject to paragraph (b), the operator of the system shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove; (d) the operator of the system shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the apparatus and any other telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require; (e) where under the preceding provisions of this sub-paragraph the operator of the system has abandoned the whole or any part of any telecommunication apparatus, that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system. (2) As soon as practicable after the making of an order under paragraph 11 above extinguishing a public right of way in circumstances in which sub-paragraph (1) above applies in relation to the operator of any telecommunications code system, the Secretary of State shall give notice to the operator of the making of the order.

.

• (5) Where in any case a notice has been given before the appointed day under paragraph 11(2) of the said Schedule 28 (notice of proposal to extinguish right of way) paragraph 13 of the said Schedule 28 shall have effect in relation to that case, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (4) above.

• (6) In paragraph 14 (extinguishment of rights of way and rights as to apparatus of statutory undertakers), for sub-paragraphs (7) and (8) there shall be substituted the following sub-paragraph:—

(7) Except in a case in which paragraph 13 above has effect— (a) the reference in paragraph (a) of sub-paragraph (1) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system; and (b) the reference in paragraph (b) of that sub-paragraph to apparatus vested in or belonging to statory undertakers for the purpose of the carrying on of their undertaking shall include a reference to telecommunication apparatus kept installed for the purposes of any such system; and for the purposes of this sub-paragraph, in this paragraph (except the said paragraphs (a) and (b)) and in paragraph 15 below, references to statutory undertakers shall have effect as references to the operator of any such system and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.

.

• (7) In paragraph 16 (notice given by statutory undertakers), after sub-paragraph (8) there shall be inserted the following sub-paragraph:—

(9) In sub-paragraph (1)(a) above, the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to telecommunication apparatus kept installed for the purposes of a telecommunications code system; and for the purposes of this sub-paragraph, in this paragraph references (except in the said sub-paragraph (1)(a)) to statutory undertakers shall have effect as references to the operator of any such system and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.

.

The Highways Act 1980

76

• (1) The Highways Act 1980 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 35 (creation of walkways by agreement)—

• (a) in subsection (11)(c), for the words from “authorities” to “place” there shall be substituted for words “ authorities and the operators of telecommunications code systems to place ”; and

• (b) in subsection (12), for the words from “authorities” to “place” there shall be substituted the words “ authorities or the operators of telecommunications code systems to place ”.

• (3) In section 115D (which limits the way in which certain powers may be exercised), at the end there shall be inserted the words

; or (d) as to prevent the operator of a telecommunications code system having access to any telecommunication apparatus kept installed for the purposes of that system under, in, on or over the highway.

.

• (4) In section 142(5) (under which licences to plant trees may contain conditions for the protection of the apparatus of statutory undertakers), for the words from “and”, in the fourth place where it occurs, onwards there shall be substituted the words “ and the operators of telecommunications code systems ”.

• (5) In subsection (6) of section 144 (powers to erect flagpoles on highways), in the definition of “statutory undertakers”, at the end there shall be inserted the words “ and the operator of a telecommunications code system ”.

• (6) In section 156(4) (which authorises works relating to an overhead telegraphic line), for the words “an overhead telegraphic line” there shall be substituted the words “ overhead telecommunication apparatus ”.

• (7) In section 157(9) (meaning of undertakers), for the words from “means” onwards there shall be substituted the words “ means persons having powers to break up or open highways in Greater London for the purposes of any sewerage system, any water, gas, electricity, tramway or other undertaking or any telecommunications code system ”.

• (8) In section 169(4) (which, among other things, defines “statutory undertakers” for the purposes of provisions relating to scaffolding and building materials in highways), at the end there shall be inserted the words “ and the operator of a telecommunications code system ”.

• (9) In subsection (3) of section 170 (control of mixing of mortar on highways), in the definition of “statutory undertakers”, at the end there shall be inserted the words “ and the operator of a telecommunications code system ”.

• (10) In section 177 (restriction on construction of buildings over highways)—

• (a) in subsection (4) (no interference with the rights of statutory undertakers), for the words from “statutory undertakers” onwards there shall be substituted the words “ statutory undertakers or the operator of a telecommunications code system ”; and

• (b) for subsection (12) (which applies section 7 of the Telegraph Act 1878 to work authorised or required by a licence under section 177) there shall be substituted the following subsection:—

(12) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of works authorised or required by a licence under this section to be executed, to the licensee.

.

• (11) In section 178(5) (statutory undertakers for the purposes of the licensing of the placing of rails, beams, etc.), for the words from “and”, in the second place where it occurs, onwards there shall be substituted the words “ the Post Office and the operator of a telecommunications code system are to be deemed to be statutory undertakers ”.

• (12) In section 181 (provisions relating to placing of certain apparatus in highways)—

• (a) in subsection (7) (which relates to licences of the Secretary of State or British Telecommunications), for the words from “licence”, in the third place where it occurs, to “required” there shall be substituted the words “ licence of the Secretary of State is required ”;

• (b) in subsection (8) (which provides that that section does not apply to the apparatus of statutory undertakers), at the end there shall be inserted the words “ or to any apparatus which the operator of a telecommunications code system places, maintains, repairs or reinstates in or under the highway in question in pursuance of a right conferred by or in accordance with the telecommunications code. ”; and

• (c) in subsection (9) (meaning of statutory undertakers), for the words from “include” onwards there shall be substituted the words “ except in subsection (8) above, include the operator of a telecommunications code system ”.

• (13) In section 329 (interpretation), after subsection (4) there shall be inserted the following subsection:—

(4A) Any reference in this Act to apparatus belonging to, or used or maintained by the operator of a telecommunications code system shall have effect as a reference to telecommunication apparatus kept installed for the purposes of that system.

.

• (14) For section 334 (savings for British Telecommunications) there shall be substituted the following section:—

(334) (1) Subject to the provisions of this section, nothing in this Act or in any scheme or order made under it affects any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that code or applies to any telecommunication apparatus kept installed for the purposes of any such system; but this subsection does not affect the operation of sections 156 to 159 above. (2) Where— (a) land is conveyed by a highway authority in pursuance of section 256 above, or (b) a highway is stopped up or diverted in pursuance of an order to which this paragraph applies, and immediately before the conveyance or, as the case may be, at the beginning of the day on which the order comes into force there is under, in, upon, over, along or across the land conveyed or, as the case may be, the highway stopped up or diverted any telecommunication apparatus kept installed for the purposes of a telecommunications code system, then the provisions of subsection (3) below have effect. Paragraph (b) above applies to the following orders, namely an order made or confirmed by the Minister under section 14 or 18 above, a public path extinguishment order and a public path diversion order. (3) In the circumstances mentioned in subsection (2) above, the operator of the telecommunications code system has the same power in respect of the telecommunication apparatus as if the conveyance had not been made or, as the case may be, the order had not come into force; but the transferee of the land or, as the case may be, any person entitled to land over which the stopped up or diverted highway subsisted shall be entitled to require the alteration of the apparatus. (4) Where in pursuance of an order made by a magistrates’ court under section 116 above a highway is stopped up or diverted, the following provisions of this subsection have effect in relation to so much of any telecommunication apparatus kept installed for the purposes of a telecommunications code system as is under, in, upon, over, along or across land which by reason of the stopping up or diversion ceases to be a highway ("the affected apparatus’)— (a) the power of the operator of the system to remove the affected apparatus is exercisable notwithstanding the making of the order, so however that the said power is not exercisable, as respects the whole or any part of the affected apparatus, after the expiration of a period of 3 months from the date of the sending of the notice referred to in subsection (5) below unless before the expiration of that period the operator of the system has given notice to the authority on whose application the order was made of his intention to remove the affected apparatus or that part of it, as the case may be; (b) the operator of the system may by notice in that behalf to the said authority abandon the affected apparatus or any part of it, and is to be deemed, as respects the affected apparatus or any part of it, to have abandoned it at the expiration of the said period of 3 months unless before the expiration of that period he has removed it or given notice of his intention to remove it; (c) the operator of the system is entitled to recover from the said authority the expense of providing, in substitution for the affected apparatus and any telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the affected apparatus, any telecommunication apparatus in such other place as he may require; (d) where under paragraph (b) above the operator of the system has abandoned the whole or any part of the affected apparatus, it vests in the authority there referred to and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system. (5) As soon as practicable after the making of an order under section 116 above in circumstances in which subsection (4) above applies in relation to the operator of any telecommunications code system the authority on whose application the order was made shall by notice to the operator inform him of the making of the order. (6) Where an order under section 14 or 18 above provides for the alteration of a highway and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the highway authority shall be entitled to require the alteration of the apparatus. This subsection does not have effect so far as it relates to the alteration of any telecommunication apparatus for the purposes of authority’s works as defined in Part II of the Public Utilities Street Works Act 1950. (7) Where in pursuance of an order under section 14 or 18 above a highway is stopped up or diverted, or an order under either of those sections provides for the alteration of a highway, and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code system then, without prejudice to subsections (2), (3) and (6) above, the provisions of subsection (8) below have effect. (8) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of the construction or improvement of the trunk road, special road or classified road, as the case may be, to which the order relates and of any works authorised by the order, to the Minister or other highway authority by whom the order in question was made. (9) Without prejudice to the code in Part II of the Public Utilities Street Works Act 1950 (relations between an authority carrying out road alterations and undertakers whose apparatus is thereby affected) the said paragraph 23 shall apply for the purposes of— (a) any work authorised or required by an order under section 93 above to be done by a highway authority or the owners of a bridge, (b) any work which a highway authority is authorised to carry out under section 96 above, and (c) any work authorised or required by a licence under section 176 above to be done by the person to whom the licence is granted, to the authority or person authorised or required to carry out the work. (10) Where, in pursuance of any order or scheme made or confirmed under this Act, a navigable watercourse is diverted and, immediately before the date on which the order or scheme comes into force, there is under, in, upon, over, along or across the watercourse, or any towing path or other way adjacent to it, any telecommunications code system, the operator of that system has the same powers in respect of that apparatus as if the order or scheme had not come into force; but— (a) the highway authority by whom the order or scheme was made, or (b) any person entitled to land on which so much of the watercourse, towing path or way as is diverted in pursuance of the order or scheme was previously situated, shall be entitled to require the alteration of the apparatus. (11) Sub-paragraph (8) of paragraph 23 of the telecommunications code (offence) shall be deemed to be omitted for the purposes of the application by this section of that paragraph to the Minister. (12) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code. (13) Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

.

• (15) In relation—

• (a) to a conveyance before the appointed day made in pursuance of section 256 of the Highways Act 1980, and

• (b) to an order coming into force before the appointed day to which subsection (2)(b), (4), (6), (7) or (10) of section 334 of that Act applies immediately before that day,

the said section 334 shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (14) above.

The Roads (Northern Ireland) Order 1980

77

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The British Telecommunications Act 1981

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The New Towns Act 1981

79

• (1) The New Towns Act 1981 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 16(2) (under which provisions as to extinguishment of rights over land do not apply in relation to rights and apparatus of statutory undertakers), at the end there shall be inserted the words “ or to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or to any telecommunication apparatus kept installed for the purposes of any such system. ”.

• (3) In section 19(2) (under which the power to override easements etc. shall not be used to interfere with rights vested in or belonging to statutory undertakers), at the end there shall be inserted the words “ or a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system. ”.

• (4) For section 24 (which contains provision with respect to telegraphic lines where a public right of way is extinguished under that Act) there shall be substituted the following section:—

(24) (1) Where an order under section 23 of this Act extinguishing a public right of way is made on the application of a development corporation or local highway authority, and at the time of the publication of the notice required by subsection (2) of that section any telecommunication apparatus was kept installed for the purposes of a telecommunications code system under, in, over, along or across the land over which the right of way subsisted— (a) the power of the operator of the system to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the system has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be; (b) the operator of the system may by notice given in that behalf to the corporation or authority not later than the end of that period of three months abandon the telecommunication apparatus or any part of it; (c) subject to paragraph (b) above, the operator of the system shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove; (d) the operator of the system shall be entitled to recover from the corporation or authority the expenses of providing, in substitution for the apparatus and any other telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require; (e) where under the preceding provisions of this subsection the operator of the system has abandoned the whole or any part of any telecommunication apparatus, that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system. (2) Where the Secretary of State makes an order under section 23 above in circumstances in which subsection (1) above applies in relation to the operator of any telecommunications code system, the Secretary of State shall send a copy of the order to the operator.

.

• (5) Where in any case a notice has been given before the appointed day under section 23(2) of the said Act of 1981 (notice of proposal to extinguish right of way), section 24 of that Act shall have effect in relation to that case, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (4) above.

• (6) In section 26 (extinguishment of rights of way and rights as to apparatus of statutory undertakers), for subsection (8) there shall be substituted the following subsection:—

(8) Except in a case in which section 24 above has effect— (a) the reference in paragraph (a) of subsection (2) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system; and (b) the reference in paragraph (b) of that subsection to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to telecommunication apparatus kept installed for the purposes of any such system; and for the purposes of this subsection, in this section (except in the said paragraphs (a) and (b)) and in Schedule 7 to this Act and section 27 below, references to statutory undertakers shall have effect as references to the operator of any such system, references, in relation to such an operator, to the carrying on of his undertaking shall have effect as references to the running of the telecommunications code system in question and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.

.

• (7) In section 39 (power of development corporation to transfer undertakings), after subsection (6) there shall be inserted the following subsection:—

(7) This section shall have effect as if references to statutory undertakers included references to the operator of any telecommunications code system and as if for this purpose— (a) references to a statutory undertaking were references to the running of such a system; and (b) references to the appropriate Minister were references to the Secretary of State for Trade and Industry.

.

The Acquisition of Land Act 1981

80

• (1) At the end of section 28 of the Acquisition of Land Act 1981 (acquisition of rights over land by the creation of new rights) there shall be added the following paragraph:—

(f) section 34(3) of the Telecommunications Act 1984

.

• (2) In section 32 of that Act (power to extinguish certain rights of way), after subsection (6) (which contains a saving in relation to the apparatus of statutory undertakers) there shall be inserted the following subsection:—

(6A) In subsection (6) above the reference to apparatus belonging to statutory undertakers shall include a reference to telecommunication apparatus kept installed for the purposes of a telecommunications code system and in relation to any such apparatus— (a) the references to the undertakers shall have effect as references to the operator of the system in question; and (b) the reference to the appropriate Minister shall have effect as a reference to the Secretary of State.

.

The Broadcasting Act 1981

81

In section 3 of the Broadcasting Act 1981 (powers of the IBA)—

• (a) in subsection (1)(c), for the words “British Telecommunications” there shall be substituted the words “ operators of telecommunications code systems ”; and

• (b) in subsection (7), for the words “section 15 of the British Telecommunications Act 1981” there shall be substituted the words “ section 7 of the Telecommunications Act 1984 ”.

The Housing (Northern Ireland) Order 1981

82

• (1) After Article 159 of the Housing (Northern Ireland) Order 1981 there shall be inserted the following Article:—

(159A) (1) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Executive for the purposes of any works which it is authorised to execute under Chapter II, III or V of Part III. (2) Where in pursuance of an order under Article 51 a public right of way over land is extinguished and, at the beginning of the day on which the order comes into operation, there is under, in, on, over, along or across the land any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into operation; but any person entitled to land over which the right of way subsisted shall be entitled to require the alteration of the apparatus. (3) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this Article as it applies for the purposes of that code. (4) Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this Article to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

.

• (2) In relation to an order under Article 51 of the said Order of 1981 coming into force before the appointed day, paragraph 76(2) of Schedule 3 to the 1981 Act (which made provision corresponding to sub-paragraph (1) above in relation to British Telecommunications) shall have effect, notwithstanding any repeal made by this Act, as it has effect immediately before the coming into force of sub-paragraph (1) above.

The Planning Blight (Compensation) (Northern Ireland) Order 1981

83

In Article 2(2) of the Planning Blight (Compensation) (Northern Ireland) Order 1981, in the definition of “appropriate authority” after the word “body”, there shall be inserted the words “ or person ”.

The Civil Aviation Act 1982

84

In section 48(7)(b) of the Civil Aviation Act 1982 (by virtue of which British Telecommunications is deemed to be an electricity undertaker for the purposes of a provision requiring notice to be given of proposals to stop up or divert a highway), for the words “British Telecommunications” there shall be substituted the words “ the operator of a telecommunications code system ”.

The Cinematograph (Amendment) Act 1982

85

In section 1 of the Cinematograph (Amendment) Act 1982 (extension of Cinematograph Act 1909 to certain other exhibitions of moving pictures), for the words from “distributed” to the end there shall be substituted the words “ programmes included in a cable programme service which is, or does not require to be, licensed under Part IV of the Telecommunications Act 1984 ”.

Enactments relating to London

86

• (1) In the London Overground Wires etc. Act 1933—

• (a) in section 5(3) (service of notices), the words from “and before” onwards shall be omitted;

• (b) in section 11 (saving for certain regulations), for the words from “the telegraphic” to “made” there shall be substituted the words “ any telecommunication apparatus made ”; and

• (c) in section 14 (saving)—

• (i) for the words from “telegraphic” to “thereto” there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system ”; and

• (ii) for the words from “power” onwards there shall be substituted the words “ conferred by or in accordance with the telecommunications code on the operator of any such system ”.

• (2) In section 7(6) of the London County Council (General Powers) Act 1949 (electrical apparatus not to interfere with telegraphic lines etc.), for the words from “telegraphic line” onwards there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or with any service provided by means of any such apparatus. ”.

• (3) In section 17(4) of the London County Council (General Powers) Act 1963 (protection for telegraphic lines), for the words from “telegraphic line” to “such line” there shall be substituted the words “ telecommunication apparatus kept installed for the purposes of a telecommunications code system or belonging to or used by the London Electricity Board or with any service provided by means of any such apparatus. ”.

• (4) In section 7(6) of the Greater London Council (General Powers) Act 1969 (saving for certain powers in relation to telegraphic lines) for the words from “right” onwards there shall be substituted the words “ right exercisable in relation to that street under or in accordance with the telecommunications code by the operator of any telecommunications code system. ”.

Enactments relating to call boxes

87

• (1) The enactments specified in the following Table (which penalise the use of public telephone boxes for the purpose of making false calls for police assistance, giving false alarms of fire and the like) shall have effect as if—

• (a) for any reference to a call box of British Telecommunications’ telephone service,

• (b) for any reference to a telephone call box provided by British Telecommunications, and

• (c) for any reference to a British Telecommunications call box,

there were substituted a reference to a telephone call box provided by a public telecommunications operator.

Table

• Section 176(2) of the Redcar Corporation Act 1938.

• Section 211(2) of the Clacton Urban District Council Act 1938.

• Section 89(2) of the Tiverton Corporation Act 1939.

• Section 101(2) of the Christchurch Corporation Act 1940.

• Section 154(2) of the Preston Corporation Act 1947.

• Section 173(2) of the Ipswich Corporation Act 1948.

• Section 178(2) of the Worcester Corporation Act 1951.

• Section 89(2) of the Nottinghamshire County Council Act 1951.

• Section 85(2) of the Berkshire County Council Act 1953.

• Section 97(2) of the Gloucestershire County Council Act 1956.

• Section 96(2) of the Leicester Corporation Act 1956.

• Section 70(2) of the Southampton Corporation Act 1960.

• Section 41(2) of the Hertfordshire County Council Act 1960.

• Section 30(3) of the Devon County Council Act 1961.

• Section 44(2) of the Durham County Council Act 1963.

• Section 29(2) of the Exeter Corporation Act 1966.

• Section 14(2) of the Huntingdon and Peterborough County Council Act 1970.

• Section 107(2) of the Teesside Corporation (General Powers) Act 1971.

• Section 63(2) of the Surrey County Council Act 1971.

• Section 61(2) of the Torbay Corporation (No. 2) Act 1971.

• Section 66(2) of the Oxfordshire County Council Act 1971.

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

The London Building Acts and enactments relating to highways, etc.

88

• (1) Nothing in—

• (a) the London Building Acts 1930 to 1939 or byelaws thereunder, or

• (b) a special enactment passed or made before the appointed day (including such an enactment relating to Scotland or Northern Ireland) for purposes similar to those of an enactment contained in Part V or IX of the Highways Act 1980 (except sections 156, 157 and 159),

shall affect any rights conferred by or in accordance with the electronic communications code on the provider of a electronic communications code network or apply to any electronic communications apparatus kept installed for the purposes of any such network.

• (2) In this paragraph “special enactment” has the same meaning as in the Highways Act 1980.

General adaptations of local enactments

89

• (1) A provision to which this paragraph applies which refers to the rights and powers of British Telecommunications under a provision of any enactment relating to telegraphs shall have effect with the substitution for that reference of a reference to any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system.

• (2) A provision to which this paragraph applies that operates to afford protection or confer a benefit on British Telecommunications with reference to—

• (a) telegraphic lines of, or used by, British Telecommunications or such telegraphic lines of any description specified in that provision, or

• (b) accommodation for such telegraphic lines or telegraphic lines of any such description, or

• (c) communication by means of such telegraphic lines or telegraphic lines of any such description,

shall be construed in accordance with sub-paragraph (3) below.

• (3) That provision shall be construed as if—

• (a) any application (whether or not with modifications) by that provision of section 7 of the Telegraph Act 1878 (which before being repealed by this Act contained provision broadly corresponding to paragraph 23 of the telecommunications code) in relation to any works carried out by any person were an application (without modification) of the said paragraph to that person for the purposes of those works; and

• (b) subject to that, it in all respects (subject to the like incidents) afforded the like protection to, or conferred the like benefit on, the operator of any telecommunications code system in relation, as the case may be, to—

• (i) telecommunication apparatus kept installed for the purposes of a telecommunications code system or such apparatus of the description in question, or

• (ii) accommodation for such apparatus or such apparatus of that description, or

• (iii) the service provided by any such system.

• (4) The provisions to which this paragraph applies are those of a local Act passed in the same Session as this Act, or in a previous Session, those of an order confirmed by an Act so passed and those of a scheme or order made before the passing of this Act under any Act (whether public general or local).

• (5) This paragraph shall not preclude the making, in relation to any provision to which it applies, of any order under section 109(2) or (3) of this Act which is capable, apart from the provision of this paragraph, of being made in relation to that provision; and this paragraph shall not apply to any provision in relation to which such an order is made, except to the extent provided for in the order.

• (6) In this paragraph “telegraphic line” means any apparatus (howsoever described) which is a telegraphic line within the meaning of the Telegraph Act 1878.

Saving in respect of offences under section 5

90

SCHEDULE 5

Part I — Provisions and Savings coming into force on Appointed Day

1

2

3

4

5

6

7

8

• (1) An order made under section 89 of the Post Office Act 1969 which relates to the running of a telecommunication system for the purposes of a cable programme service and is effective on the appointed day shall have effect as if made under section 57 of this Act in relation to the provision of that service; and the provisions of the said section 57 shall apply accordingly.

• (2) A licence granted under section 89 of the Post Office Act 1969 which relates to the running of a telecommunication system for the purposes of a cable programme service provided by any person and is effective on the appointed day shall have effect as if granted under section 58 of this Act to that person in relation to the provision of that service; and the provisions of Part IV of this Act shall apply accordingly.

• (3) Regulations made under section 90 of the Post Office Act 1969 which relate to the grant of licences under section 89 of that Act and are effective on the appointed day shall have effect as if made under section 58 of this Act in relation to the grant of licences under that section; and the provisions of the said section 58 shall apply accordingly.

• (4) In this paragraph “cable programme service” has the same meaning as in Part IV of this Act.

9

10

11

12

13

14

15

Nothing in this Act shall affect the operation of section 35(2) of the 1981 Act in relation to any order under section 19 of the Local Government Act 1974 which applies in relation to hereditaments occupied by British Telecommunications and is effective on the appointed day.

16

17

18

19

Part II — Provisions and Savings Coming into Force on Transfer Date

20

21

22

23

24

25

26

27

28

29

30

An order made under section 57 of this Act which relates to a cable programme service provided by British Telecommunications and is effective on the transfer date shall have effect as if it related to the corresponding cable programme service provided by the successor company.

31

32

33

34

• (1) For the purposes of authorising the making, in relation to employees of the successor company or any of its subsidiaries, of provision corresponding to that authorised to be made, in relation to employees of British Telecommunications or any of its subsidiaries, by section 84 of the 1981 Act, that section shall have effect as if—

• (a) any reference to the Post Office or to employees of, persons employed by or employment by the Post Office were a reference to British Telecommunications or to employees of, persons employed by or employment by British Telecommunications; and

• (b) any reference to a relevant body or to employees of, persons employed by or employment by a relevant body were a reference to the successor company or any subsidiary of the successor company or to employees of, persons employed by or employment by the successor company or any such subsidiary.

• (2) Nothing in sub-paragraph (1) above shall be taken as prejudicing the operation of section 84 of the 1981 Act as originally enacted.

35

36

• (1) Except as otherwise provided by the foregoing provisions of this Part of this Schedule (whether expressly or by necessary implication), any agreement made, transaction effected or other thing done by, to or in relation to British Telecommunications which is in force or effective immediately before the transfer date shall have effect as from that date as if made, effected or done by, to or in relation to the successor company, in all respects as if the successor company were the same person, in law, as British Telecommunications, and accordingly references to British Telecommunications—

• (a) in any agreement (whether or not in writing) and in any deed, bond or instrument;

• (b) in any process or other document issued, prepared or employed for the purpose of any proceeding before any court or other tribunal or authority; and

• (c) in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of British Telecommunications which vests by virtue of section 60 of this Act in the successor company,

shall be taken as from the transfer date as referring to the successor company.

• (2) Nothing in sub-paragraph (1) above shall be taken as applying in relation to the deed of covenant by virtue of which the excepted liabilities subsist.

37

• (1) It is hereby declared for the avoidance of doubt that—

• (a) the effect of section 60 of this Act in relation to any contract of employment with British Telecommunications in force immediately before the transfer date is merely to modify the contract (as from that date) by substituting the successor company as the employer (and not to terminate the contract or vary it in any other way); and

• (b) that section is effective to vest the rights and liabilities of British Telecommunications under any agreement or arrangement for the payment of pensions, allowances or gratuities in the successor company along with all other rights and liabilities of British Telecommunications;

and accordingly for the purposes of any such agreement or arrangement (as it has effect by virtue of paragraph 36 above in relation to employment with the successor company or with a wholly owned subsidiary of that company) any period of employment with British Telecommunications shall count as employment with the successor company or (as the case may be) with a wholly owned subsidiary of that company.

• (2) Nothing in sub-paragraph (1) above shall be taken as applying in relation to the excepted liabilities or to the deed of covenant by virtue of which those liabilities subsist.

38

39

40

41

42

43

Nothing in this Act shall affect the operation of any order made under section 33 of the 1981 Act before the transfer date or any duty imposed by subsection (3) of that section to amend any order so made.

44

Nothing in this Act shall affect the operation of section 56 of the 1981 Act in relation to any records of British Telecommunications which become records of the successor company on the transfer date or any records kept by British Telecommunications for the purposes of paragraph 39 above.

45

Where by virtue of anything done before the transfer date, any enactment amended by Schedule 4 to this Act has effect (whether or not as so amended) in relation to British Telecommunications, then, on and after that date, that enactment shall have effect in relation to the successor company as if that company were the same person, in law, as British Telecommunications.

46

• (1) Section 6(2) of the Commonwealth Telegraph Act 1949 shall continue to have effect with the modifications made by section 34(1) of the 1981 Act and, subject to that, shall have effect as if references which include references to British Telecommunications, in paragraph (c) and sub-paragraphs (iv), (v) and (vi) of paragraph (d), included references to the successor company.

• (2) The power to make regulations conferred on the Secretary of State by section 49 of the Post Office Act 1969 shall include power to make such regulations as appear to him to be requisite for securing that persons to whom that section applies, and persons claiming in right of them, are not adversely affected in the matter of pension rights by reason only that—

• (a) in consequence of the 1981 Act, they ceased to be employed by the Post Office; or

• (b) in consequence of section 60 of this Act, they cease to be employed by British Telecommunications.

47

48

• (1) Where an asset, or the right to receive an asset, vests in the successor company by virtue of section 60 of this Act, then for the purposes of Part I of the Industry Act 1972 and Part II of the Industrial Development Act 1982—

• (a) so much of any expenditure incurred by British Telecommunications in providing that asset as is approved capital expenditure (of any description relevant for the purposes of regional development grant) in respect of which no payment of regional development grant has been made to British Telecommunications shall be treated as having been incurred by the successor company and not by British Telecommunications; and

• (b) where the asset itself vests in the successor company by virtue of section 60 of this Act, it shall be treated as a new asset if it would have fallen to be so treated if it had remained vested in British Telecommunications.

• (2) In this paragraph “regional development grant” means a grant under Part I of the Industry Act 1972 or Part II of the Industrial Development Act 1982 and “approved capital expenditure” has the same meaning as it has for the purposes of the provisions relating to regional development grant.

49

50

51

SCHEDULE 6

1

• (1) For the purpose of making, in relation to agreements to which this Schedule applies, provision corresponding to that made, in relation to agreements to which Schedule 5 to the 1981 Act applies, by paragraphs 3 to 22 of that Schedule, those paragraphs shall have effect with the modifications made by the following provisions of this Schedule.

• (2) In this Schedule—

• “agreement to which this Schedule applies” means an agreement in the case of which rights and liabilities thereunder, having vested in British Telecommunications by virtue of the 1981 Act, are transferred to the successor company by this Act;

• “Schedule 5” means Schedule 5 to the 1981 Act.

2

Any reference to an agreement to which Schedule 5 applies shall be construed as referring to an agreement to which this Schedule applies.

3

Except in a case where it falls to be modified by the following provisions in this Schedule—

• (a) any reference to the Post Office shall be construed as referring to British Telecommunications;

• (b) any reference to British Telecommunications shall be construed as referring to the successor company;

• (c) any reference to the appointed day shall be construed as referring to the transfer date; and

• (d) any reference to any provision of Schedule 5 shall be construed as referring to that provision as modified by this Schedule.

4

The reference in paragraph 4 of Schedule 5 to paragraph 3 of Schedule 10 to the Post Office Act 1969 shall be construed as referring to the said paragraph 4 as originally enacted.

5

The excepted case stated in paragraph 6 of Schedule 5 shall be construed as including the case where an agreement as to terms for the use of the invention was made before the transfer date under that paragraph as originally enacted, or a determination of those terms was made before that date under paragraph 10 of that Schedule as originally enacted.

6

• (1) The reference in paragraph 8(2) of Schedule 5 to articles made on or after the appointed day under an authority continued in force by, or conferred by virtue of, paragraph 3 of that Schedule shall be construed as including a reference to articles made on or after the transfer date under an authority continued in force by, or conferred by virtue of, the said paragraph 3 as applied by this Schedule.

• (2) The reference in paragraph 8(3) of Schedule 5 to articles made on or after the appointed day by virtue of paragraph 4 of that Schedule shall be construed as including a reference to articles made on or after the transfer date by virtue of the said paragraph 4 as applied by this Schedule.

7

• (1) The reference in paragraph 9(1) of Schedule 5 to the foregoing provisions of the 1981 Act shall be construed as referring to the foregoing provisions of this Act.

• (2) The reference in paragraph 9(1) of Schedule 5 to any licence, assignment or agreement made, on or after 1st October 1969, between the patentee or applicant for the patent or any person who derives title from him or from whom he derives title and any person other than the Post Office shall be construed as referring to any licence, assignment or agreement made, on or after 1st October 1969 and before 1st October 1981, between any such persons.

• (3) The reference in paragraph 9(1) of Schedule 5 to any licence, assignment or agreement made, on or after the appointed day, between the patentee or applicant for the patent or any person who derives title from him or from whom he derives title and any person other than British Telecommunications shall be construed—

• (a) as referring to any licence, assignment or agreement made, on or after 1st October 1981 and before the transfer date, between any such persons; and

• (b) as including a reference to any licence, assignment or agreement made, on or after the transfer date, between the patentee or applicant for the patent or any person who derives title from him or from whom he derives title and any person other than the successor company.

• (4) The excepted case stated in paragraph 9(3) of Schedule 5 shall be construed as including the case where an agreement as to the proportions in which any sum payable in relation to the use of the invention should be divided was made before the transfer date under that paragraph as originally enacted, or a determination as to those proportions was made before that date under paragraph 10 of that Schedule as originally enacted.

• (5) The excepted case stated in paragraph 9(4) of Schedule 5 shall be construed as including the case where an agreement as to the recovery from the patentee of a part of the payments made under section 46(3) of the Patents Act 1949 in respect of the use of the invention was made before the transfer date under that paragraph as originally enacted, or a determination as to such recovery was made before that date under paragraph 10 of that Schedule as originally enacted.

• (6) The reference in paragraph 9(4) of Schedule 5 to a notice given before the appointed day to the Post Office in pursuance of paragraph 8 of Schedule 10 to the Post Office Act 1969 shall be construed as including a reference to a notice given before the transfer date to British Telecommunications in pursuance of the said paragraph 9(4) as originally enacted.

8

The third reference in paragraph 10(2) of Schedule 5 to British Telecommunications shall be construed as including a reference to the successor company.

9

The reference in paragraph 14 of Schedule 5 to paragraph 13 of Schedule 10 to the Post Office Act 1969 shall be construed as referring to the said paragraph 14 as originally enacted.

10

The excepted case stated in paragraph 16 of Schedule 5 shall be construed as including the case where an agreement as to terms for the use of the design was made before the transfer date under that paragraph as originally enacted, or a determination of those terms was made before that date under paragraph 20 of that Schedule as originally enacted.

11

• (1) The reference in paragraph 18(1) of Schedule 5 to articles made on or after the appointed day under an authority continued in force by, or conferred by virtue of, paragraph 13 of that Schedule shall be construed as including a reference to articles made on or after the transfer date under an authority continued in force by, or conferred by virtue of, the said paragraph 13 as applied by this Schedule.

• (2) The reference in paragraph 18(2) of that Schedule to articles made on or after the appointed day by virtue of paragraph 14 of that Schedule shall be construed as including a reference to articles made on or after the transfer date by virtue of the said paragraph 14 as applied by this Schedule.

12

• (1) The reference in paragraph 19(1) of Schedule 5 to the foregoing provisions of the 1981 Act shall be construed as referring to the foregoing provisions of this Act.

• (2) The reference in paragraph 19(1) of Schedule 5 to any licence, assignment or agreement made, on or after 1st October 1969, between the registered proprietor or applicant for the registration or any person who derives title from him or from whom he derives title and any person other than the Post Office shall be construed as referring to any licence, assignment or agreement made, on or after 1st October 1969 and before 1st October 1981, between any such persons.

• (3) The reference in paragraph 19(1) of Schedule 5 to any licence, assignment or agreement made, on or after the appointed day, between the registered proprietor or applicant for registration or any person who derives title from him or from whom he derives title and any person other than British Telecommunications shall be construed—

• (a) as referring to any licence, assignment or agreement made, on or after 1st October 1981 and before the transfer date, between any such persons; and

• (b) as including a reference to any licence, assignment or agreement made, on or after the transfer date, between the registered proprietor or applicant for registration or any person who derives title from him or from whom he derives title and any person other than the successor company.

• (4) The excepted case stated in paragraph 19(3) of Schedule 5 shall be construed as including the case where an agreement as to the proportions in which any sum payable in relation to the use of the design should be divided was made before the transfer date under that paragraph as originally enacted, or a determination as to those proportions was made before that date under paragraph 20 of that Schedule as originally enacted.

• (5) The excepted case stated in paragraph 19(4) of Schedule 5 shall be construed as including the case where an agreement as to the recovery from the registered proprietor of a part of the payments made under paragraph 1(3) of Schedule 1 to the Registeres Designs Act 1949 in respect of the use of the design was made before the transfer date under that paragraph as originally enacted, or a determination as to such recovery was made before that date under paragraph 20 of that Schedule as originally enacted.

• (6) The reference in paragraph 19(4) of Schedule 5 to a notice given before the appointed day to the Post Office in pursuance of paragraph 18 of Schedule 10 to the Post Office Act 1969 shall be construed as including a reference to a notice given before the transfer date to British Telecommunications in pursuance of the said paragraph 19(4) as originally enacted.

13

The first and third references in paragraph 20(2) of Schedule 5 to the Post Office shall be construed as referring to the successor company and the second reference in that paragraph to the Post Office shall be construed as including a reference to British Telecommunications and the successor company.

14

Nothing in this Schedule shall affect the operation of Schedule 5 as originally enacted.

SCHEDULE 7

Part I — Repeals Coming into Force on Appointed Day

Part II — Repeals coming into Force on Transfer Date

Part III — Repeals Coming into Force on Dissolution of British Telecommunications

Part IV — Wireless Telegraphy Repeals

The Director General of Telecommunications.

General duties of Secretary of State and Director.

Exceptions to section 5.

Licensing procedures

7A

12A

13A

13B

Reports on licence modification references.

Standards of performance

27A

27B

27C

27D

27E

27F

27G

27H

27I

27J

27K

27L

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42A

Regulations

46A

Appeals

46B

Compulsory purchase of land in England and Wales.

Power to establish advisory bodies.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory purchase of land in Scotland.

Compulsory purchase of land in Northern Ireland.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrangement of paragraphs

Paragraph

Effect of agreements concerning sharing of apparatus

29

• (1) This paragraph applies where—

• (a) this code has been applied by a direction under section 106 of the Communications Act 2003 in a person’s case;

• (b) this code expressly or impliedly imposes a limitation on the use to which electronic communications apparatus installed by that person may be put or on the purposes for which it may be used; and

• (c) that person is a party to a relevant agreement or becomes a party to an agreement which (after he has become a party to it) is a relevant agreement.

• (2) The limitation is not to preclude—

• (a) the doing of anything in relation to that apparatus, or

• (b) its use for particular purposes,

to the extent that the doing of that thing, or the use of the apparatus for those purposes, is in pursuance of the agreement.

• (3) This paragraph is not to be construed, in relation to a person who is entitled or authorised by or under a relevant agreement to share the use of apparatus installed by another party to the agreement, as affecting any consent requirement imposed (whether by a statutory provision or otherwise) on that person.

• (4) In this paragraph—

• “consent requirement”, in relation to a person, means a requirement for him to obtain consent or permission to or in connection with—the installation by him of apparatus; orthe doing by him of any other thing in relation to apparatus the use of which he is entitled or authorised to share;

• “relevant agreement” means an agreement in relation to electronic communications apparatus which—relates to the sharing by different parties to the agreement of the use of that apparatus; andis an agreement that satisfies the requirements of sub-paragraph (5);

• “statutory provision” means a provision of an enactment or of an instrument having effect under an enactment.

• (5) An agreement satisfies the requirements of this sub-paragraph if—

• (a) every party to the agreement is a person in whose case this code applies by virtue of a direction under section 106 of the Communications Act 2003; or

• (b) one or more of the parties to the agreement is a person in whose case this code so applies and every other party to the agreement is a qualifying person.

• (6) A person is a qualifying person for the purposes of sub-paragraph (5) if he is either—

• (a) a person who provides an electronic communications network without being a person in whose case this code applies; or

• (b) a designated provider of an electronic communications service consisting in the distribution of a programme service by means of an electronic communications network.

• (7) In sub-paragraph (6)—

• “designated” means designated by an order made by the Secretary of State;

• “programme service” has the same meaning as in the Broadcasting Act 1990.

The Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955

In Schedule 15, paragraph 17(5).

Extent of repeal

Editorial notes

[^c13616741]: Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

[^c19218721]: Act modified (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 404, 406, 408, 411 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19218971]: Act modified (25.7.2003) by The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730), reg. 6(2)(3) (as substituted by The Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (S.I. 2003/1903), reg. 2(6)

[^c13616771]: Words in s. 1(6) substituted (1.3.2000) by S.I. 1999/2093, reg. 3(3), Sch. 1 Pt. II para. 1

[^c19221031]: S. 2 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13616781]: 1981 c. 38.

[^c13616861]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19221171]: S. 3 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13616871]: Words in s. 3(3)(b) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 2(3); S.I. 1998/2750, art. 2; 2000/344, art. 2, Sch.

[^c13616881]: S. 3(3A) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 1; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I

[^c13616891]: S. 3(3B)(3C) inserted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 2(4); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.

[^c13616911]: Words in s. 3(3C) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(2); S.I. 2003/766, art. 2, Sch. (with transitional and transitory provisions in art. 3)

[^c13616921]: S. 4(1): definition of "telecommunication system" applied (E.W.) (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 63(1), Sch. 4 para. 7(4); S.I. 1992/1686, art. 3, Sch.

[^c13616931]: S. 4(1): definition of "telecommunication system" applied (S.) (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 122(1), Sch. 6 para. 7(4); S.I. 1992/1671, art. 2, Sch. Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19221261]: S. 4 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13616971]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19221461]: Ss. 5-8 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(a), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13616981]: Ss. 3-7, 12-19, Pt. III (ss.47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19221471]: Ss. 5-8 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(a), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13616991]: S. 6(1) repealed by Broadcasting Act 1990 (c. 42, SIF 96), ss. 134, 203(1)(3), Sch. 12 Pt. II para. 1, Sch. 20 para. 38(1)(a), Sch. 21

[^c13617001]: S. 6(2)(b) excluded (with saving) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 2(1)(2)

[^c13617011]: Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 38(1)(b)

[^c13617021]: S. 6(2A) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 38(1)(c)

[^c13617031]: 1949 c. 54.

[^c13617241]: Ss. 3-7, 12-19, Pt. III (ss.47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1 S. 7 modified (7.1.1997) by S.I. 1996/3151, reg. 4(1)(2)

[^c19221501]: Ss. 5-8 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(a), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13617251]: S. 7(3A) inserted (31.12.1997) by S.I. 1997/2930, reg. 3(2)

[^c13617261]: Words in s. 7(5)(a) inserted (31.12.1997) by S.I. 1997/2930, reg. 3(3)(a)

[^c13617271]: Words in s. 7(5)(a) added (1.3.2000) by S.I. 1999/2390, reg. 3(3), Sch. 1 Pt. II para. 2

[^c13617281]: S. 7(5)(c) substituted (31.12.1997) by S.I. 1997/2930, reg. 3(3)(b)

[^c13617291]: S. 7(6A)(6B) inserted (31.12.1997) by S.I. 1997/2930, reg. 3(4)

[^c13617311]: S. 7(7) substituted (31.12.1997) by S.I. 1997/2930, reg. 3(5)

[^c13617321]: S. 7(10A)(10B) inserted by Cable and Broadcasting Act 1984 (c.46, SIF 96), s. 57(1), Sch. 5 para. 45(1), the amendment being continued by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(4), Sch. 22 para. 4

[^c13617331]: Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6),203(1), Sch. 20 para. 38(2)(a)

[^c13617341]: Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6),203(1), Sch. 20 para. 38(2)(b)

[^c13617351]: S. 7(12)-(16) inserted (31.12.1997) by S.I. 1997/2930, reg. 3(6)

[^c13617401]: O.J. No. L117, 7.5.97, p.15.

[^c13617411]: S. 7A inserted (31.12.1997) by S.I. 1997/2930, reg. 3(7)

[^c19221711]: Ss. 5-8 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(a), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19221801]: Ss. 5-8 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(a), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19221851]: Ss. 9-11 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(b), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13617421]: Definition of "public telecommunications operator" in s. 9(3) applied (E.W.) by London Docklands Railway Act 1991 (c. xxiii, SIF 200), s. 2(1).

[^c13617511]: S. 10 restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 32, 45, Sch. 7 Pt. VI. para. 2

[^c19221951]: Ss. 9-11 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(b), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13617521]: S. 10(3A)-(3C) inserted (31.12.1997) by S.I. 1997/2930, reg. 3(8)

[^c13617481]: Word substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(2)

[^c19222091]: Ss. 9-11 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(b), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13617581]: S. 11(1)(2) repealed (3.6.1996) by S.I. 1995/3210 (N.I. 19), art. 60(2), Sch. 4; S.R. 1996/223, art. 2, Sch.

[^c13617611]: Ss. 12-15 excluded (10.11.2000) by S.I. 2000/2998, reg. 2

[^c13617621]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19222321]: Ss. 12-15 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(c), 406, 408, 411, Sch. 19 (with Sch. 18, Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13617631]: Words in s. 12(2) omitted (25.7.2000) by virtue of 2000 c. 7, s. 11(5) (with s. 14); S.I. 2000/1798, art. 2

[^c13617641]: Words in s. 12(3) substituted (25.7.2000) by 2000 c. 7, s. 11(1) (with s. 14); S.I. 2000/1798, art. 2

[^c13617651]: S. 12(4A)(4B) substituted for s. 12(4) (25.7.2000) by 2000 c. 7, s. 11(2) (with s. 14); S.I. 2000/1798, art. 2

[^c13617661]: S. 12(6A)-(6F) inserted (25.7.2000) by 2000 c. 7, s. 11(3) (with s. 14); S.I. 2000/1798, art. 2

[^c13617671]: Words in s. 12(7) substituted (25.7.2000) by 2000 c. 7, s. 11(5) (with s. 14); S.I. 2000/1798, art. 2

[^c13617681]: Ss. 12-15 excluded (10.11.2000) by S.I. 2000/2998, reg. 2

[^c13617691]: S. 12A inserted (25.7.2000) by 2000 c. 7, s. 11(4) (with s. 14); S.I. 2000/1798, art. 2

[^c19222381]: Ss. 12-15 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(c), 406, 408, 411, Sch. 19 (with Sch. 18, Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13617821]: S. 12-15 excluded (9.11.2000) by S.I. 2000/2998, reg. 2

[^c13617831]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19222391]: Ss. 12-15 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(c), 406, 408, 411, Sch. 19 (with Sch. 18, Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13617841]: Words in s. 13(1) substituted (1.4.1999) by S.I. 1999/506, art. 18(a)

[^c13617851]: S. 13(9)-(10A) substituted (1.4.1999) for s. 13(9)(10) by 1998 c. 41, s. 54(3), Sch. 10 Pt. IV para. 9(2) (with s. 73); S.I. 1999/505, art. 2, Sch.

[^c19381871]: S. 13(9)(9A) repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(3), Sch. 26; S.I. 2003/1397 {art. 2(1)}, Sch. (with savings in arts. 8, 10)

[^c13617921]: S. 13A inserted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(4); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

[^c19377131]: Ss. 12-15 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(c), 406, 408, 411, Sch. 19 (with Sch. 18, Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13617931]: S. 13B inserted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(4); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

[^c19377181]: Ss. 12-15 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(c), 406, 408, 411, Sch. 19 (with Sch. 18, Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13617991]: S. 12-15 excluded (10.11.2000) by S.I. 2000/2998, reg. 2

[^c13618001]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19377431]: Ss. 12-15 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(c), 406, 408, 411, Sch. 19 (with Sch. 18, Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618011]: S. 14(1A)(1B) inserted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. {13(5)(a)}; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

[^c13618021]: S. 14(2) repealed (1.3.2000) by 1998 c. 41, ss. 54(3), 74(3), Sch. 10 Pt. IV para. 9(3), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

[^c13618031]: S. 14(3)-(3D) substituted (20.6.2003) for s. 14(3) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(5)(b); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

[^c13618041]: S. 12-15 excluded (10.11.2000) by S.I. 2000/2998, reg. 2

[^c13618051]: Ss. 3-7, 12-19, Pt. III (ss.47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19222431]: Ss. 12-15 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(c), 406, 408, 411, Sch. 19 (with Sch. 18, Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618091]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19222481]: Ss. 16-19 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(d), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618101]: Word in s. 16(5)(a) repealed (1.3.2000) by 1998 c. 41, ss. 54(3), 74(3), Sch. 10 Pt. IV para. 9(4), Sch. 14 Pt. I; S.I. 2000/344, art. 2, Sch.

[^c13618111]: S. 16(5)(c) and word “or” immediately preceding it inserted (1.3.2000) by 1998 c. 41, s. 54(3), Sch. 10 Pt. IV para. 9(4) (with s. 73); S.I. 2000/344, art. 2, Sch.

[^c13618131]: Words in s. 16(7) substituted (31.12.1997) by S.I. 1997/2930, reg. 3(9)

[^c13618151]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19222501]: Ss. 16-19 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(d), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618161]: Words in s. 17(2) omitted (31.12.1997) by virtue of S.I. 1997/2930, reg. 3(10)(a)

[^c13618171]: Words in s. 17(2) substituted (31.12.1997) by S.I. 1997/2930, reg. 3(10)(b)

[^c13618181]: Words in s. 17(3) omitted (31.12.1997) by virtue of S.I. 1997/2930, reg. 3(11)(a)

[^c13618191]: Words in s. 17(3)(b) substituted (31.12.1997) by S.I. 1997/2930, reg. 3(11)(b)

[^c13618201]: S. 17(3A) inserted (31.12.1997) by S.I. 1997/2930, reg. 3(12)

[^c13618211]: S. 17(6)(b) substituted (31.12.1997) by S.I. 1997/2930, reg. 3(13)

[^c13618231]: Ss. 3-7, 12-19, Pt. III (ss.47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19223541]: Ss. 16-19 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(d), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618241]: S. 18(1)(2) repealed (20.12.1999) by S.I 1999/3180, reg. 3(2)(a)

[^c13618261]: Words in s. 18(3) substituted (20.12.1999) by S.I. 1999/3180, reg. 3(2)(b)

[^c13618271]: Ss. 3-7, 12-19, Pt. III (ss.47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19223611]: Ss. 16-19 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(d), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19227081]: S. 20 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19227111]: S. 21 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19227241]: S. 22 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19227251]: S. 23 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19227261]: S. 24 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19227281]: S. 25 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19227341]: S. 26 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19227351]: S. 27 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618301]: Ss. 27A, 27B and cross heading inserted (1.7.1992) by Competititon and Service (Utilities) Act 1992 (c. 43), s. 1; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order, art. 3, Sch. Pt. I

[^c19227411]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618311]: Ss. 27A, 27B and cross heading inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 1; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I

[^c19227601]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618321]: S. 27C inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order, art. 3, Sch. Pt. I

[^c19228731]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618331]: S. 27D inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s.3; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I

[^c19228761]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618341]: S. 27E inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 4; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I

[^c19228791]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618351]: S. 27F inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 5(1); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.II

[^c19228861]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618361]: Section 27G inserted (prosp.) by Competition and Service (Utilities) Act 1992 (c. 43) ss. 6(1), 56(2), which insertion is in force at 1.7.1992 except as regards subsection (8) by Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.I

[^c19228901]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618371]: S. 27H inserted (prosp.) by Competition and Service (Utilities) Act 1992 (c. 43), ss.7, 56(2), which insertion is in force at 1.7.1992 except as regards subsection (4) by Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I

[^c19228911]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618381]: S. 27I inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 7; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order, art. 3, Sch. Pt.I

[^c19229661]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618391]: S. 27J inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 8; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order, art. 3, Sch. Pt. I

[^c19229671]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618401]: S. 27K inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 9; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order, art. 3, Sch. Pt.I

[^c19229851]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618411]: S. 27L inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 10; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I

[^c19229861]: Ss. 27A-27L repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618291]: Ss. 27A, 27B and cross heading inserted (1.7.1992) by Competition and Services (Utilities) Act 1992 (c. 43), s. 1; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order, art. 3, Sch.

[^c19232201]: S. 28 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618421]: Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109), ss. 41(2), 47(1)(2), 48, Sch. 4 para. 9(1)

[^c19232231]: S. 29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19232251]: S. 30 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618431]: S. 31 repealed (E.W.) by S.I. 1990/776, art. 3, Sch. 1

[^c13618441]: 1974 c. 7.

[^c13618451]: 1975 c. 30.

[^c13618481]: S. 33 repealed (20.2.1997) by S.I. 1996/3162 (N.I. 25), art. 13, Sch.

[^c19237741]: S. 34 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618491]: 1981 c. 67.

[^c13618501]: 1990 c. 8.

[^c13618511]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 63(1)

[^c19237821]: S. 35 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618571]: 1947 c. 42.

[^c13618581]: Words in s. 35(4) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 37(1)

[^c19237851]: S. 36 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618621]: 1972 c.9 (N.I.)

[^c13618631]: S.I. 1972/1265 (N.I. 14)

[^c19237901]: S. 37 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618641]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 63(2)(a)

[^c13618651]: 1990 c. 8.

[^c13618701]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 63(2)(b)

[^c19237921]: S. 38 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618731]: Words in s. 38(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 37(2)

[^c19237931]: S. 39 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19237951]: S. 40 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618771]: 1965 c. 56.

[^c13618781]: 1972 c. 52.

[^c13618791]: 1845 c. 18.

[^c19237961]: S. 41 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19237971]: S. 42 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618831]: Words substituted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 5 para.45(2)

[^c13618841]: Words in s. 42(1)(b) substituted (27.4.1997) by 1997 c. 4, ss. 2(1) 3(3) (with s. 2(2))

[^c13618851]: Words substituted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 45(3)

[^c13618861]: Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 38(3)

[^c13618881]: S. 42A inserted (27.4.1997) by 1997 C. 4, ss. 1, 3(3)

[^c19237981]: S. 42A repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618891]: Words in s. 42A(1) inserted (28.5.2000) by S.I. 2000/1175, reg. 3

[^c13618901]: 1988 c. 48.

[^c13618911]: Words in s. 42A(3) inserted (28.5.2000) by S.I. 2000/1175, reg. 3

[^c19237991]: S. 43 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13618941]: Words in s. 43(1) substituted (3.2.1995) by 1994 c. 33, s. 92(1)(2); S.I. 1995/127, art. 2(1), Sch. 1

[^c13618951]: Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 38(4)

[^c19238201]: Ss. 44-46 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 63(1), Sch. 19(1) (with Sch. 17 para. 63(2)(3), Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13619021]: S. 45 substituted by Interception of Communications Act 1985 (c. 56, SIF 96), s. 11(1)(4), Sch. 2

[^c19238231]: Ss. 44-46 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 63(1), Sch. 19(1) (with Sch. 17 para. 63(2)(3), Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13619031]: S. 45(2)(3) substituted (2.10.2000) by 2000 c. 23, s. 82, Sch. 4 para. 3 (with s. 82(3)); S.I. 2000/2543, art. 3 (with art. 5(2))

[^c13619041]: 1997 c. 50.

[^c19238351]: Ss. 44-46 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 63(1), Sch. 19(1) (with Sch. 17 para. 63(2)(3), Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13619071]: S. 46A and cross heading inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s.49; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.I

[^c19238401]: S. 46A repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13619061]: S. 46A and cross heading inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s.49; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt.I.

[^c19219551]: S. 46B applied (1.2.2003) by The Electronic Communications (Universal Service) Regulations 2003 (S.I. 2003/33), reg. 6

[^c19219571]: S. 46B applied (24.2.2003) by The Electronic Communications (Market Analysis) Regulations 2003 (S.I. 2003/330), reg 11

[^c19238641]: S. 46B repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13619111]: S. 46B(1)(da) inserted (25.7.2000) by 2000 c. 7, s. 12 (with s. 14); S.I. 2000/1798, art. 2

[^c13619081]: S. 46B and cross heading inserted (20.12.1999) by S.I. 1999/3180, reg. 3(3)

[^c13616961]: Pt. II (ss. 5-46) excluded (23.6.1999) by S.I. 1999/1736, art. 7(4)

[^c13619131]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19238651]: S. 47 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13619141]: Words in s. 47(4) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(6); S.I. 2003/766, art. 2, Sch. (with transitional and transitory provisions in art. 3)

[^c13619171]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19380161]: S. 48 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13619181]: S. 48(3A) inserted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(7); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

[^c13619191]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19238881]: S. 49 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13619201]: S. 49(2) repealed by Broadcasting Act 1990 (c. 42, SIF 96), ss. 134, 203(1)(3), Sch. 12 Pt. II para. 1, Sch. 20 para. 38(5), Sch. 21

[^c13619711]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19380871]: S. 50(1) repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 {para. 13(8)(a)}, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with arts. 8, 10)

[^c13619742]: S. 50(2)-(2B) substituted (20.6.2003) for s. 50(2) by 2002 c. 40, ss. 168(9), 279, Sch. 9 Pt. 2 para. 16(2); S.I. 2003/1397, art. 2(1), Sch.

[^c19382001]: S. 50(2)-(6A) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 5); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13619751]: S. 50(3) restricted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 54(2), Sch. 10 Pt. II para. 2(1); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.

[^c13619761]: S. 50(3)(3A) substituted for s. 50(3) (26.11.1998 for specified purpose and otherwise 1.3.2000) by 1998 c. 41, s. 54(2), Sch. 10 Pt. II para. 2(6); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.

[^c13619771]: Words in s. 50(3) substituted (1.4.2003) by 2002 c. 40, s. 278, 279, Sch. 25 {para. 13(8)(b)(i)(ii)}; S.I. 2003/766, art. 2, Sch. (with transitional provisions in art. 3)

[^c13619801]: Words in s. 50(3A) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 {para. 13(8)(c)}; S.I. 2003/766, art. 2, Sch. (with transitional provisions in art. 3)

[^c13619812]: S. 50(4)(4A) substituted (20.6.2003) for s. 50(4) by 2002 c. 40, ss. 168(9), 279, Sch. 9 Pt. 2 para. 16(3); S.I. 2003/1397, art. 2(1), Sch.

[^c13619821]: Words in s. 50(5) omitted (26.11.1998 for specified purposes and otherwise 1.3.2000) by virtue of 1998 c. 41, s. 54(2), Sch. 10 Pt. II para. 2(8); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch. and repealed (1.3.2000) by 1998 c. 41, s. 74(3), Sch. 14 Pt. I; S.I. 2000/344, art. 2, Sch.

[^c19382091]: S. 50(2)-(6A) repealed (25.7.2003 for certain purposes otherwise prosp) by Communications Act 2003, (c. 21), ss. 406, 411(2)(3), {Sch. 19} (with transitional provisions in Sch. 18, Sch. 19 note 1); S.I. 2003/1900, art. 2(1), Sch. 1 (with transitional provisions in arts. 3-6) (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c13619831]: Words in s. 50(6) substituted (3.1.1995) by 1994 c. 40, ss. 12(7), 82(2), Sch. 4 para. 3(a)

[^c13619842]: Words in s. 50(6) substituted (20.6.2003) by 2002 c. 40, ss. 168(9), 279, Sch. 9 Pt. 2 para. 16(4)(a); S.I. 2003/1397, art. 2(1), Sch.

[^c19381701]: Words in s. 50(6) repealed (20.6.2003) by 2002 c. 40, ss. 168(9), 278, 279, Sch. 9 Pt. 2 para. 16(4)(b), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with arts. 8, 10)

[^c13619861]: Words in s. 50(6) repealed (3.1.1995) by 1994 c. 40, ss. 12, 81, 82(2), Sch. 4 para. 3, Sch. 17

[^c13619872]: Words in s. 50(6) substituted (20.6.2003) by 2002 c. 40, ss. 168(9), 279, Sch. 9 Pt. 2 para. 16(4)(c); S.I. 2003/1397, art. 2(1), Sch.

[^c13619881]: S. 50(6)(b) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 54(2), Sch. 10 Pt. II para. 2(9); S.I. 1998/2750, art. 2 ; S.I. 2000/344, art. 2, Sch.

[^c13619891]: Words in s. 50(6) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(8)(d); S.I. 2003/766, art. 2, Sch. (with transitional provisions in art. 3)

[^c13619902]: S. 50(6A) substituted (20.6.2003) by 2002 c. 40, ss. 168(9), 279, Sch. 9 Pt. 2 para. 16(5); S.I. 2003/1397, art. 2(1), Sch.

[^c22802571]: S. 50(7) repealed (20.6.2003) by 2002 c. 40, ss. 168(9), 278, 279, Sch. 9 Pt. 2 para. 16(6), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with arts. 8, 10)

[^c13619931]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19240621]: S. 51 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13619941]: 1949 c. 54.

[^c13620001]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19240701]: S. 52 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620011]: S. 52(3)(c) and (d) amended (E.W.) by S.I. 1991/2684, arts. 2(1), 4, Sch. 1.

[^c13620031]: S. 52(5) substituted by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 5 para. 11

[^c13620041]: S. 52(5)(a) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para. 26 (with s. 107); S.I. 2000/774, art. 2 (with arts. 3-5)

[^c13620151]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c19219641]: S. 53 applied (24.2.2003) by The Electronic Communications (Market Analysis) Regulations 2003 (S.I. 2003/330), reg. 10

[^c19240841]: S. 53 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620161]: S. 53(6): para. (aa) inserted (1.9.1992) in the definition of 'relevant purpose' by Competition and Service (Utilities) Act 1992 (c. 43), s. 5(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order, art. 4, Sch. Pt. II

[^c13620171]: S. 53(6): para. (ab) inserted (1.7.1992) in the definition of 'relevant purpose' by Competition and Service (Utilities) Act 1992 (c. 43), s. 6(2); Competition and Services (Utilities) Act 1992 (Commencement No. 1) Order, art. 3, Sch. Pt. I

[^c13620181]: S. 53(6): words in para. (b) substituted (31.12.1997) by S.I. 1997/2930, reg. 3(14)

[^c13620191]: S. 53(6): words in para. (b) added (21.7.1998) by S.I. 1998/1580, reg. 40(2)

[^c19240911]: S. 54 repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 31(5), 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with arts. 5, 11)

[^c13620211]: Ss. 3-7, 12-19, Pt. III (ss. 47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

[^c22802581]: Pt. IV (ss. 56-59) repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 6

[^c22802591]: Pt. IV (ss. 56-59) repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 6

[^c19240981]: S. 60 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(a), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620241]: Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

[^c13620231]: 1985 c. 6.

[^c13620251]: 1975 c. 24.

[^c13620261]: 1975 c. 25.

[^c19241561]: S. 60(1)-(6) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 398(2)(b), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13620271]: Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

[^c13620281]: Words inserted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 2

[^c13620291]: S. 61(7) repealed by Finance Act 1988 (c. 39, SIF 114), s. 148, Sch. 14 Pt. XI

[^c19243311]: S. 62 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(c), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620301]: Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 29 para. 32, Sch. 30 para. 6(1)

[^c13620311]: Certain functions transferred by S.I. 1986/2237, arts. 2(2)(a), 3(3)

[^c19243681]: S. 63(1)-(4) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(d), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 2); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620321]: Words substituted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 3(1)

[^c13620331]: Words inserted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 3(2)

[^c13620341]: Words inserted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 3(3)

[^c13620351]: S. 63(5) repealed by Finance Act 1988 (c. 39, SIF 114), s. 148, Sch. 14 Pt. XI

[^c19243961]: Ss. 64-67 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620361]: Certain functions transferred by S.I. 1986/2237, arts. 2(2)(a), 3(3)

[^c13620371]: Words inserted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 4(1)

[^c13620381]: Words substituted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 4(1)

[^c13620391]: Words inserted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 4(1)

[^c13620411]: Words inserted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 4(2)

[^c13620421]: Words substituted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 4(2)

[^c19243981]: Ss. 64-67 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620431]: Words substituted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 5(1)

[^c13620441]: Certain functions transferred by S.I. 1986/2237, arts. 2(2)(a), 3(3)

[^c13620451]: Words substituted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 5(2)

[^c13620461]: Words inserted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 5(3)

[^c13620471]: Word substituted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 5(3)

[^c13620491]: Word substituted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 5(3)

[^c13620521]: Words substituted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 5(4)

[^c13620531]: Words substituted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 5(4)

[^c13620541]: Words inserted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 5(4)

[^c19244011]: Ss. 64-67 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620551]: Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

[^c13620571]: Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

[^c19244091]: Ss. 64-67 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(e), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620581]: Words substituted by virtue of Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2 and Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14

[^c19220081]: Words in s. 68(2) inserted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003, {ss. 398(3)}, 406, 408, 411 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19244151]: Ss. 69-71 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(f), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19244201]: Ss. 69-71 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(f), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620591]: Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

[^c13620601]: 1985 c. 6.

[^c13620611]: Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

[^c13620621]: Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

[^c13620631]: 1940 c. 9 (N.I.).

[^c13620641]: 1940 c. 9 (N.I.).

[^c19244241]: Ss. 69-71 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(f), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620651]: 1961 c. 62.

[^c19245101]: Words in s. 72(1) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19245151]: S. 72(2)(4)(5) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(g), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620731]: Words in s. 72(2) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the amending Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290(1), Sch. 10 para. 7 (with ss. 60, 101(1), 201(3)).

[^c13620741]: 1976 c. 24.

[^c13620771]: Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 29 para. 32, Sch. 30 para. 6(1)

[^c13620791]: 1983 c. 55.

[^c19245271]: S. 73 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(2)(h), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13620801]: Words substituted by Companies Act 1989 (c.40, SIF 27), s. 144(4), Sch. 18 para. 28

[^c13620811]: 1985 c. 6.

[^c13620821]: Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

[^c19255741]: S. 93 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(4)(a), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19256081]: Words in s. 94(1) substituted (25.7.2003 for specified purposes and 18.9.2003 otherwise) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 17 para. 70(2)} (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2, 3(1), Sch. 1, Sch. 2 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))

[^c19544571]: Words in s. 94(2) substituted (25.7.2003 for specified purposes and 18.9.2003 otherwise) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 17 para. 70(3)} (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2, 3(1), Sch. 1, Sch. 2 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))

[^c19256181]: S. 94(2A) inserted (25.7.2003 for specified purposes and 18.9.2003 otherwise) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 17 para. 70(4)} (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2, 3(1), Sch. 1, Sch. 2 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))

[^c19256201]: Words in s. 94(3) substituted (25.7.2003 for specified purposes and 18.9.2003 otherwise) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 17 para. 70(5)} (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2, 3(1), Sch. 1, Sch. 2 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))

[^c19256241]: Words in s. 94(6) substituted (25.7.2003 for specified purposes and 18.9.2003 otherwise) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 17 para. 70(6)} (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2, 3(1), Sch. 1, Sch. 2 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))

[^c19256261]: Words in s. 94(8) substituted (25.7.2003 for specified purposes and 18.9.2003 otherwise) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 17 para. 70(7)} (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2, 3(1), Sch. 1, Sch. 2 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))

[^c19380501]: S. 95 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13621051]: S. 95(1)(2) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 279, Sch. 9 Pt. 1 para. 1(2); S.I. 2003/1397, art. 2(1), Sch.

[^c19380461]: S. 95(2)(a) amended (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 16, Sch. 4 para. 4

[^c13621061]: S. 95(3) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 279, Sch. 9 Pt. 1 para. 1(3); S.I. 2003/1397, art. 2(1), Sch.

[^c19259001]: S. 97 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 398(4)(b), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13621081]: Words in s. 97(3)(a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 72(a), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

[^c13621091]: Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

[^c13621101]: Word in s. 97(3)(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 72(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

[^c13621111]: Words in s. 97(3)(a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 72(a), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

[^c13621121]: S. 97(3)(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 72(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

[^c13621131]: Words in s. 97(3)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(2); S.I. 1996/323, art. 4(b)(c)

[^c19632201]: Words in s. 98(1) substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 71(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13622771]: Word in s. 98(5) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(3)(a)

[^c19632271]: Words in s. 98(5)(a) substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 71(3); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13622571]: S.I. 1973/69 (N.I. 1).

[^c13622581]: Word in s. 98(7)(b) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 68(1)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

[^c13622591]: Words in s. 98(8)(a) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 paras. 68(1)(b)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

[^c13622601]: Words in s. 98(8) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 paras. 68(1)(b)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

[^c13621801]: Word in s. 98(9) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(3)(b)

[^c19632301]: Words in s. 98(9) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13622631]: Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(a), Sch. 17 paras. 33, 35(1)

[^c13622641]: Words in s. 98(9) substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12, para. 28(a); S.R. 1992/117, art. 3(1)

[^c13622651]: Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(b), Sch. 17 paras. 33, 35(1)

[^c13622661]: Words in s. 98(9) substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(b); S.R. 1992/117, art. 3(1)

[^c13622671]: 1936 c. 49.

[^c13622681]: S.I. 1973/70 (N.I. 2).

[^c13622691]: 1954 c. 33 (N.I.).

[^c13622731]: Words in para. (a) in definition of 'water main' in s. 98(9) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 38(1)

[^c13622741]: 1980 c. 45.

[^c13622751]: S.I. 1973/70 (N.I. 2).

[^c13622951]: S. 99(1) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. Table (with art. 34)

[^c13622961]: S. 99(2)(3) repealed (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(2), Sch. 2 (with art. 4(11))

[^c13622981]: S. 100 repealed (6.9.1994) by Telecommunications Act 1984 (c. 12, SIF 96), ss. 109, 110(4), Sch. 7 Pt. III; S.I. 1994/2162, art. 2

[^c19269711]: S. 101 restricted (31.10.2003) by Railways and Transport Safety Act 2003 (c. 20), ss. 115, 120(1); S.I. 2003/2681, art. 2(b)

[^c13624791]: S. 101(2): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. I para. 23

[^c19269482]: Words in s. 101(2)(a) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 72(3)(a), Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19269502]: Words in s. 101(2)(a) substituted (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 72(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13624801]: Words in s. 101(2)(b) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(9)(a); S.I. 2003/766, art. 2, Sch. (with transitional and transitory provisions in art. 3)

[^c13624811]: Words in s. 101(2)(b) inserted (1.4.1999) by S.I. 1999/506, art. 18(b)

[^c13624821]: Words inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(2)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

[^c13624831]: Words inserted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(3)(a), Sch. 17 paras. 33, 35(1)

[^c13624841]: Words in s. 101(2)(b) inserted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 29(a); S.R. 1992/117, art. 3(1)

[^c13624851]: Words in s. 101(2)(b) inserted (10.6.1996) by S.I. 1996/275 (N.I. 2), Sch. 6 (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2 (with arts. 3, 4)

[^c19269901]: Words in s. 101(2)(b) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 72(4) (with Sch. 18); S.I. 2003/3142, art 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c13624871]: Words in s. 101(2)(b) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 17(a)

[^c13624881]: Words inserted by S.I. 1988/915, reg. 7(6)(f)(i) for the purpose mentioned therein

[^c13624891]: S. 101(2)(bb) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 3(a); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I.

[^c13624911]: Words inserted by S.I. 1988/915, reg. 7(6)(f)(ii) for the purpose mentioned therein

[^c13624921]: S. 101(3)(d)(e) repealed (1.3.2000) by 1998 c. 41, s. 54(3), Sch. 10 Pt. IV para. 9(7)(a), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

[^c13624941]: Words repealed by Consumer Protection Act 1987 (c. 43, SIF 109), ss. 41(2), 47(1)(2), 48, Sch. 5

[^c19270481]: Words in s. 101(3)(j) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 23(b); S.I. 2004/641 {art. 3(y)}, Sch. 2

[^c13625001]: S. 101(3)(l) inserted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 29(b); S.R. 1992/117, art. 3 (1)

[^c13625011]: S. 101(3)(ll) inserted (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 71(1), Sch. 6 (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2 (with arts. 3, 4)

[^c13625021]: S. 101(3)(m) inserted (6.1.1994) by 1993 c. 43, ss. 150(1)(o), 152(1), 154(2), Sch. 12 para. 13(2); S.I. 1993/3237, art. 2(2).

[^c13625031]: S. 101(3)(n) inserted (11.1.1999) by 1998 c. 41, s. 54(3), Sch. 10 Pt. IV para. 9(7)(b) (with s. 73); S.I. 1998/3166, art. 2, Sch.

[^c13625041]: S. 101(3)(o) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. IV para. 17(b)

[^c13625051]: S. 101(3)(p) inserted (1.4.2003) by 2002 (c. 40), ss. 278, 279, Sch. 25 para. 13(9)(b); S.I. 2003/766, art. 2, Sch. (with transitional and transitory provisions in art. 3)

[^c19269622]: S. 101(3)(q) inserted (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 72(5) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13625071]: S. 101(6) inserted (1.3.2000) by 1998 c. 41, s. 54(3), Sch. 10 Pt. IV para. 9(8) (with s. 73); S.I. 2000/344, art. 2, Sch.

[^c19269991]: Words in s. 101(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 72(7) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c13625081]: Words in s. 101(6) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(9)(c)(i); S.I. 2003/766, art. 2, Sch. (with art. 3)

[^c19631781]: Words in s. 101(6) substituted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(9)(c)(ii); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

[^c13625101]: Pt. VI (ss. 74-92), ss. 102, 106(4)(5), 110(1), Sch. 3 and Sch. 7 Pt. IV extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I

[^c19613911]: S. 102 extended (Jersey) (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), art. 3(1), Sch. Pt. I (as amended (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), art. 6(1), Sch. 2 Pt. 1)

[^c19271071]: S. 102 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13625111]: S. 103 renumbered (26.6.2003) as s. 103(1) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(10)(a); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

[^c13625121]: S. 103(2) inserted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 13(10)(b); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

[^c19271272]: Words in s. 104(1) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19271412]: S. 104(1A)-(1C) inserted (25.7.2003 for specified purposes (except in respect of s. 104(1B)) and 29.12.2003 otherwise) by Telecommunications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 73 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13625231]: S. 106(1): words in the definition of “the Commission” substituted (1.4.1999) by S.I. 1999/506, art. 18(a)

[^c19272071]: S. 106(1): definition of "the Director" repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19272011]: S. 106(1): definition of "OFCOM" inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 74 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c13625241]: S. 106(2)(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2.

[^c13625261]: Pt. VI (ss. 74-92), ss. 102, 106(4)(5), 110(1), Sch. 3 and Sch. 7 Pt. IV extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I

[^c19272121]: S. 106(4)(5) extended (Jersey) (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), art. 3(1), Sch. Pt. I (as amended (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), art. 6(1), Sch. 2 Pt. 1)

[^c19272161]: S. 107(1)(2)(4) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13625321]: Words in s. 107(1) substituted (15.2.1999) by 1998 c. 17, s. 50, Sch. 4 para. 19(a) (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2

[^c13625331]: 1964 c. 29.

[^c13625341]: 1949 c. 54.

[^c13625351]: S. 107(3) repealed (15.2.1999) by 1998 c. 17, ss. 50, 51, Sch. 4 para. 19(b), Sch. 5 (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2

[^c13625361]: 1978 c. 30.

[^c19387751]: S. 108 modified (8.2.2007) by The Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006 (S.I. 2006/1391), arts. 1, 2, Sch. paras. 8, 9(d)

[^c19272301]: S. 109(2)(3)(5)-(7) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19272361]: Words in s. 109(4) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13625371]: 1978 c. 30.

[^c13625381]: Pt. VI (ss. 74-92), ss. 102, 106(4)(5), 109(6), 110(1), Sch. 3 and Sch. 7 Pt. IV extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I

[^c19613921]: S. 109(6) extended (Jersey) (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), art. 3(1), Sch. Pt. I (as amended (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), art. 6(1), Sch. 2 Pt. 1)

[^c13625391]: 1978 c. 30.

[^c13625401]: Pt. VI (ss. 74-92), ss. 102, 106(4)(5), 110(1), Sch. 3 and Sch. 7 Pt. IV extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I

[^c19275041]: S. 110(1) extended (Jersey) (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), art. 3(1), Sch. Pt. I (as amended (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), art. 6(1), Sch. 2 Pt. 1)

[^c13625411]: Power of appointment conferred by s. 110(2) fully exercised: 5.8.1985 appointed by S.I. 1984/876

[^c13625421]: Power of appointment conferred by s. 110(3) fully exercised: 6.8.1985 appointed by S.I. 1984/876

[^c13625431]: Power of appointment conferred by s. 110(4) fully exercised: British Telecommunications was dissolved on 6.9.1994 by The British Telecommunications (Dissolution) Order 1994 (S.I. 1994/2162)

[^c13625441]: Power of appointment conferred by s. 110(5) partly exercised: S.I. 1984/749, 876

[^c13625451]: Sch. 1 paras. 1-3: transfer of functions (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 12

[^c13625461]: Sch. 1 paras. 1-3: transfer of functions (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 12

[^c13625471]: Sch. 1 paras. 1-3: transfer of functions (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 12

[^c13625481]: Sch. 1 para. 4 repealed by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 10, Sch. 2

[^c13625491]: 1975 c. 24.

[^c13625501]: 1975 c. 25.

[^c13625511]: 1868 c. 37.

[^c19275211]: Sch. 1 repealed (prosp.) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1)

[^c13627591]: 1980 c. 66.

[^c13627601]: 1972 c. 52.

[^c13627611]: 1967 c. 86.

[^c13627621]: S.I. 1983/1895 (N.I. 18).

[^c19276191]: Sch. 2 para. 1(1): definitions of "conduit" and "conduit system" inserted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 2(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19276211]: Sch. 2 para. 1(1): definitions of "electronic communications apparatus", "electronic communications network" and "electronic communications service" inserted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 2(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19276531]: Sch. 2 para. 1(1): words in definition of "emergency works" substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 3(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19276251]: Sch. 2 para. 1(1): definition of "line" substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 2(3) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13627631]: Words in Sch. 2 para. 1(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 113(2)(a); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

[^c13627641]: Words in Sch. 2 para. 1(1) substituted (3.6.1996) by S.I. 1996/3210 (N.I. 19), art. 6(1), Sch. 3 para. 9(a)(i); S.R. 1996/223, art. 2, Sch.

[^c19276511]: Sch. 2 para. 1(1): definitions of "the operator" and "the operator's network" substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) for definitions of "the operator" and "the operator's system" by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 3(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19276571]: Sch. 2 para. 1(1): words in definition of "the statutory purposes" substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 3(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13627651]: Words in Sch. 2 para. 1(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 113(2)(d); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

[^c13627661]: Words in Sch. 2 para. 1(1) added (3.6.1996) by S.I. 1996/3210 (N.I. 19), art. 60(1), Sch. 3 para. 9(a)(ii); S.R. 1996/223, art. 2, Sch.

[^c19276231]: Sch. 2 para. 1(1): definition of "signal" inserted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 2(4) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19276621]: Sch. 2 para. 1(1): definition of "telecommunications apparatus" repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 19(1)} (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13627671]: Sch. 2 para. 1(2) applied (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 95, 335, Sch. 8 para. 11(4) Sch. 2 para. 1(2) applied (E.W.S.) by Airports Act 1986 (c. 31, SIF 9), s. 62(6) Sch. 2 para. 1(2) applied (27.5.1997) by 1997 c. 8, ss. 212(7), 278(2) Sch. 2 para. 1(2) applied (N.I.) (21.8.1991) by S.I. 1991/1220, arts. 1, 104(3) Sch. 2 para. 1(2) applied (24.4.1994) by S.I. 1994/426 (N.I. 1), art. 12(5)

[^c19276591]: Sch. 2 para. 1(3A) inserted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 4 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13627681]: Sch. 2 para. 1(4) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1)(2), Sch. 8 Pt. IV para. 113(3), Sch. 9; S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

[^c13627691]: Sch. 2 para. 1(5) repealed (3.6.1996) by S.I. 1995/3210 (N.I. 19), art. 60(2), Sch. 4; S.R. 1996/223, art. 2, Sch.

[^c19286181]: Words in Sch. 2 para. 2 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19286191]: Words in Sch. 2 para. 2 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19286221]: Word in Sch. 2 para. 2 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19286201]: Words in Sch. 2 para. 2 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13628171]: Words in Sch. 2 para. 2(8)(a) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 114(a); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

[^c13628181]: Words in Sch. 2 para. 2(8)(a)(ii) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 114(b); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

[^c13628191]: Words in Sch. 2 para. 2(8)(a)(ii) substituted (3.6.1996) by S.I. 1995/3210 (N.I. 19), art. 60(1), Sch. 3 para. 9(b); S.R. 1996/223, art. 2, Sch.

[^c19287061]: Words in Sch. 2 para. 3 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13628241]: Word substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(4)

[^c19295591]: Words in Sch. 2 para. 4 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13628421]: 1961 c. 33.

[^c13628431]: 1961 c. 33.

[^c13628441]: 1973 c. 26.

[^c13628451]: Words in Sch. 2 para. 4(10) substituted (E.W.) (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 22 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

[^c13628461]: 1963 c. 51.

[^c13628471]: 1973 c. 56.

[^c13628481]: S.I. 1982/712 (N.I. 9).

[^c13628491]: S.I. 1973/1896 (N.I. 21).

[^c19296311]: Words in Sch. 2 para. 5 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13628501]: S.I. 1980/397 (N.I. 3).

[^c13628511]: 1959 c. 22.

[^c19296931]: Words in Sch. 2 para. 6 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19541811]: Word in Sch. 2 para. 6 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19298151]: Words in Sch. 2 para. 7 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19298441]: Words in Sch. 2 para. 8 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19308311]: Words in Sch. 2 para. 9 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629081]: Words in Sch. 2 para. 9(1) inserted (1.1.1993) by New Roads and Street Works Act 1991 (c.22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 115(2); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

[^c13629091]: Words in Sch. 2 para. 9(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 115(2); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

[^c13629121]: Words in Sch. 2 para. 9(1) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(2), Sch. 9; S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

[^c19308401]: Words in Sch. 3 para 9(2) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 19(1)} (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629131]: Words in Sch. 2 para. 9(2) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 115(3); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

[^c13629141]: Sch. 2 para. 9(3) repealed (N.I.) (18.11.2001) by S.I. 1995/3210 (N.I. 19), art. 60(2), Sch. 4; S.R. 2001/388, art. 2, Sch.

[^c19316901]: Words in Sch. 2 para. 10 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19543261]: Word in Sch. 2 para. 10 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19316951]: Words in Sch. 3 para 10(2)(b) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 19(1)} (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19317111]: Sch. 2 para. 10(3) inserted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 6 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19317491]: Words in Sch. 2 para. 11 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19317571]: Word in Sch. 2 para. 11 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19317811]: Words in Sch. 2 para. 12 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19317991]: Words in Sch. 2 para. 13 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629151]: Sch. 2 para. 13(8) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/3146, art. 3 (with Sch. 2)

[^c19318041]: Words in Sch. 2 para. 14 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19318011]: Word in Sch. 2 para. 14 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19318001]: Words in Sch. 2 para. 14 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629161]: 1965 c. 56.

[^c13629171]: 1965 c. 56.

[^c13629181]: 1845 c. 33.

[^c13629191]: S.I. 1982/712 (N.I. 9).

[^c19318331]: Words in Sch. 2 para. 17 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19318261]: Words in Sch. 2 para. 17 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19318321]: Words in Sch. 2 para. 17 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19318731]: Words in Sch. 2 para. 18 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19318711]: Words in Sch. 2 para. 18 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19318761]: Words in Sch. 2 para. 18(2) substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 75 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629211]: Word "road" substituted (S.) for "street" by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(4)(j)

[^c19320531]: Words in Sch. 2 para. 19 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19320551]: Words in Sch. 2 para. 19 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19320561]: Words in Sch. 2 para. 20 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19320571]: Words in Sch. 2 para. 20 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19320591]: Words in Sch. 2 para. 20 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19320601]: Words in Sch. 2 para. 20(4)(b) substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 7 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629311]: Sch. 2 para. 21 applied (E.W.S.) by Airports Act 1986 (c. 31, SIF 9), s. 62(7) Sch. 2 para. 21 applied (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 95, 335, Sch. 8 para. 11(5) Sch. 2 para. 21 applied (N.I) (21.8.1991) by S.I. 1991/1220, arts. 1, 104(4) Sch. 2 para. 21 applied (24.4.1994) by S.I. 1994/426 (N.I. 1), arts. 1(2), 12(6) (with arts. 2(3), 16) Sch. 2 para. 21 applied (27.5.1997) by 1997 c. 8, ss. 212(8), 278(2)

[^c19543591]: Sch. 2 para. 21 restricted (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. IV para. 2(1)

[^c19945791]: Sch. 2 para. 21 excluded (E.W.S.N.I.) (22.7.2008) by Crossrail Act 2008 (c. 18), s. 50, Sch. 17 Pt. 4 para. 2(2)

[^c19322701]: Words in Sch. 2 para. 21 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629291]: Word substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(4)(k)

[^c19322761]: Word in Sch. 2 para. 21 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19321081]: Words in Sch. 2 para. 22 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19321091]: Word in Sch. 2 para. 22 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629411]: Sch. 2 para. 23 applied (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 50(3)(4), 75(9)(10)

[^c13629421]: Sch. 2 para. 23 applied (E.W.S.) by Airports Act 1986 (c. 31, SIF 9), s. 62 and Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107), s. 13(1), Sch. 4 para. 4

[^c13629431]: Sch. 2 para. 23 applied (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4)(8), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

[^c13629441]: Sch. 2 para. 23 applied (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 95, 134, 335, Sch. 8 para. 11(1)

[^c13629451]: Sch. 2 para. 23 extended (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(6), Sch. 17 paras. 33, 35(1)

[^c13629461]: Sch. 2 para. 23 extended (E.W.S.) by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 2(7), Sch. 8 para. 33

[^c13629471]: Sch. 2 para. 23 applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 183, 223(2), Sch. 13 para. 4 (with savings in s. 183, Sch. 13 para. 1(1)) (as amended (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(f))

[^c13629481]: Sch. 2 para. 23 applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 5 (with savings in s. 178, Sch. 22 para. 1(1))

[^c13629491]: Sch. 2 para. 23 applied (5.11.1993) by 1993 c. 42, s. 2, Sch. 2 para. 16. Sch. 2 para. 23 applied (24.4.1994) by S.I. 1994/426 (N.I. 1), arts. 1(2), 12(1) (with arts. 2(3), 16) Sch. 2 para. 23 amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(7); S.I. 1996/218, art. 2 Sch. 2 para. 23 applied (11.11.1996) by S.I. 1996/2714, art. 5(6) Sch. 2 para. 23 restricted (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. IV para. 2(2) Sch. 2 para. 23 applied (21.5.1997) by S.I. 1997/1266, art. 6(7)

[^c19543741]: Sch. 2 para. 23 applied (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), art. 4(6) (with art. 50)

[^c19387981]: Sch. 2 para. 23 applied (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1, 245, Sch. 10 para. 4 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

[^c19945811]: Sch. 2 para. 23 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), s. 50, Sch. 17 Pt. 4 para. 2(1)(2)

[^c19323401]: Words in Sch. 2 para. 23 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19323411]: Words in Sch. 2 para. 23 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629501]: Sch. 2 para. 23(8) applied (with modifications) (24.4.1994) by S.I. 1994/426 (N.I. 1), arts. 1(2), 12(2) (with arts. 2(3), 16)

[^c13629511]: Word inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)( 2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 68(3), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

[^c19323591]: Sch. 2 para. 23(10): words in definition of "relevant undertaker" substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 8 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19324401]: Words in Sch. 2 para. 24(1) substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 9(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19324421]: Sch. 2 para. 24(2)(2A) substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) for Sch. 2 para. 24(2)-(4) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 9(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19324481]: Words in Sch. 2 para. 24(6) substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 9(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19324461]: Word in Sch. 2 para. 24(6) substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 9(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629551]: S.I. 1980/397 (N.I. 3).

[^c19324281]: Words in Sch. 2 para. 26(4) substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 10 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19324491]: Words in Sch. 2 para 27(1) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 19(1)} (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c19325101]: Words in Sch. 2 para. 28 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629561]: 1950 c. 39.

[^c13629571]: 1945 c. 42.

[^c13629581]: 1980 c. 45.

[^c13625561]: Sch. 2 excluded by Broadcasting Act 1990 (c. 42, SIF 96), s. 189(1)

[^c13625571]: Sch. 2: definition applied (E.W.)(1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(2).

[^c13625581]: Sch. 2: definition applied (E.W.)(1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2).

[^c13625591]: Sch. 2: modified by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi, SIF 200), s.10.

[^c13625601]: Sch. 2 modified (12.11.1992) by Greater Manchester (Light Rapid Transit System) Act 1992 (c. xviii), s.10

[^c13625611]: Sch. 2 applied (27.7.1993) by 1993 c. xii, s. 1, Sch. Pt. IV s. 28. Sch. 2 modified (26.5.1994) by 1994 c. vi, s. 10

[^c19387931]: Sch. 2 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), arts. 1, 2, Sch. Pt. I

[^c19326531]: Sch. 2 para. 29 and cross-heading inserted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 11 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c13629611]: Sch. 3 para. 2 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2.

[^c13629801]: Sch. 3 para. 3(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 92(a)

[^c13629811]: Words in Sch. 3 para. 3(b) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 48(4)

[^c13629821]: Words in Sch. 3 para. 3(b) substituted (9.1.1995) by S.I. 1994/2795 (N.I. 15), art. 26(1), Sch. 2 para. 10; S.R. 1994/446, art. 2

[^c13629831]: Words in Sch. 3(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 92(b)

[^c13629591]: Sch. 3 extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I

[^c19326741]: Sch. 3 extended (Jersey) (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), art. 3(1), Sch. Pt. I

[^c13629971]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

[^c13629981]: Sch. 4 para. 1 applied (E.W.) (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para. 19(1); S.I. 1993/2762, art. 3.

[^c13629991]: Sch. 4 para. 1 excluded (25.11.1998 for specified purposes otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 8(1)(e); S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)

[^c13630001]: Sch. 4 para. 1 applied (N.I) (21. 8. 1991) by S.I.1991/1220, arts. 1, 104(5)

[^c13630011]: Sch. 4 para. 1(1) excluded (25.11.1998 for specified purposes otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 8(1)(e); S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)

[^c19326781]: Sch. 4 para. 2 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19326901]: Sch. 4 para. 3 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13630781]: 1974 c. 40.

[^c13630791]: Sch. 4 para. 3(1)(b) repealed (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I

[^c13630801]: 1975 c. 69.

[^c13630811]: 1975 c. 70.

[^c13630821]: 1976 c. 57.

[^c13630831]: Sch. 4 para. 3(1)(e) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

[^c13630841]: S.I. 1978/1049 (N.I. 19).

[^c13630851]: 1979 c. 11.

[^c13630861]: 1979 c. 46.

[^c13630871]: Words in Sch. 4 para. 3(1)(i) repealed (1.1.1993 for E.W.S and otherwiseprosp.) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(2), 170, Sch.9; (E.W.) S.I. 1992/2984, art. 2(2), Sch. 2; (S.) S.I. 1992/2990, art. 2(2), Sch. 2

[^c13630891]: 1980 c. 66.

[^c13630901]: Sch. 4 para. 3(1)(j) repealed (17.2.1994) by S.I. 1993/3160 (N.I. 15), art. 134(3), Sch. 11.

[^c13630911]: 1981 c. 64.

[^c13630921]: 1981 c. 67.

[^c13630931]: 1982 c. 16.

[^c13630941]: 1981 c. 38.

[^c13630951]: 1939 c. 31.

[^c13630961]: 1949 c. 84.

[^c13630971]: 1961 c. 64.

[^c13630981]: 1968 c. 30 (N.I.).

[^c13630991]: 1970 c. 1 (N.I.).

[^c13631001]: S.I. 1972/1634 (N.I. 17).

[^c13631011]: 1976 c. 25.

[^c13631021]: 1980 c. 65.

[^c13631031]: 1980 c. 66.

[^c13631061]: Sch. 4 para. 4 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(2), Sch. 2 (with art. 4(11))

[^c13631071]: 1870 c. 90.

[^c13631081]: Sch. 4 paras. 6, 8, 9 repealed by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

[^c13631101]: Sch. 4 para. 7 repealed (E.W.S.) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. I; S.I. 1992/2784, art. 2(b), Sch. 2 Pt. I (with art. 3(1)).

[^c13631091]: 1887 c. 65.

[^c13631111]: Sch. 4 paras. 6, 8, 9 repealed by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

[^c13631121]: Sch. 4 paras. 6, 8, 9 repealed by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

[^c13631131]: 1899 c. 38.

[^c13631141]: Sch. 4 para. 11 repealed by Cinemas Act 1985 (c. 13, SIF 45A), Sch. 3

[^c19327511]: Sch. 4 para. 12 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13631161]: Sch. 4 para. 12(1) repealed by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(4), Sch. 2

[^c13631151]: 1911 c. 28.

[^c13631171]: Sch. 4 paras. 13, 15, 24, 34 and 70 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

[^c13631191]: Sch. 4 para. 14 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(2), Sch. 2 (with art. 4(11))

[^c13631181]: 1920 c. 75.

[^c13631201]: Sch. 4 paras. 13, 15, 24, 34 and 70 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

[^c19327531]: Sch. 4 para. 16 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13631211]: 1925 c. 20.

[^c13631231]: Sch. 4 paras. 17, 19, 26 and 51 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

[^c13631241]: 1878 c. 76.

[^c13631221]: 1925 c. 68.

[^c13631251]: 1925 c. 71.

[^c13631271]: Sch. 4 paras. 17, 19, 26 and 51 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

[^c13631261]: 1929 c. 33.

[^c13631281]: Sch. 4 para. 20 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1

[^c13631301]: 1878 c. 76.

[^c13631291]: 1939 c. 15 (N.I.).

[^c13631321]: Sch. 4 paras. 22 and 42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27

[^c13631331]: 1978 c. 30.

[^c13631311]: 1945 c. 42.

[^c13631341]: 1947 c. 42.

[^c13631351]: Sch. 4 paras. 13, 15, 24, 34 and 70 repealed by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

[^c13631361]: S.I. 1980/1085 (N.I. 11).

[^c13631381]: Sch. 4 paras. 17, 19, 26 and 51 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

[^c13631371]: 1949 c. 32.

[^c13631391]: 1949 c. 74.

[^c19327561]: Sch. 4 para. 28(2) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13631401]: 1949 c. 97.

[^c13631421]: Sch. 4 para. 29 repealed (1.1.1993 for E.W.S. and otherwiseprosp.) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(2), 170, Sch.9; (E.W.) S.I. 1992/2984, art. 2, Sch.2; (S.) S.I. 1992/2990, art. 2, Sch.2

[^c13631411]: 1950 c. 39.

[^c13631431]: Sch. 4 paras. 30, 32 repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 6

[^c13631441]: 1953 c. 26.

[^c13631451]: Sch. 4 paras. 30, 32 repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 6

[^c13631461]: 1878 c. 76.

[^c13631471]: Sch. 4 paras. 13, 15, 24, 34 and 70 repealed by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

[^c13631491]: Sch. 4 para. 35 repealed (E.W.) by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

[^c13631481]: 1957 c. 56.

[^c13631501]: 1958 c. 24.

[^c13631511]: 1878 c. 76.

[^c13631521]: 1958 c. 50.

[^c13631531]: 1958 c. 69.

[^c13631541]: 1961 c. 41.

[^c19327881]: Sch. 4 para. 40 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13631551]: 1961 c. 64.

[^c13631561]: 1962 c. 58.

[^c13631581]: Sch. 4 paras. 22 and 42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27

[^c13631591]: 1878 c. 76.

[^c13631571]: 1963 c. 38.

[^c13631601]: 1964 c. 40.

[^c13631621]: Sch. 4 para. 45 repealed (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

[^c13631611]: 1966 c. 49.

[^c13631631]: 1967 c. 86.

[^c13631641]: 1968 c. 16.

[^c13631651]: 1968 c. 41.

[^c13631661]: 1968 c. 47.

[^c13631681]: Sch. 4 para. 50 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34)

[^c13631671]: 1969 c. 48.

[^c13631701]: Sch. 4 paras. 17, 19, 26 and 51 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

[^c13631711]: 1878 c. 76.

[^c13631691]: 1970 c. 20.

[^c13631721]: Sch. 4 para. 53 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

[^c13631761]: Sch. 4 para. 54 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

[^c13631731]: 1972 c. 52.

[^c19328471]: Sch. 4 para. 55(1)(7) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19328041]: Sch. 4 para. 55(2)-(6) (8)-(11) repealed (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(4), Sch. 14; S.R. 1992/117, art. 3(1)

[^c13631771]: S.I. 1972/1072 (N.I. 9).

[^c13631801]: Sch. 4 para. 56 repealed (N.I.) (21. 8. 1991) by S.I. 1991/1220, arts. 1, 133(2), Sch. 6

[^c13631811]: Sch. 4 para. 56(5) repealed by S.I. 1985/366, art. 5

[^c13631781]: S.I. 1972/1634 (N.I. 17).

[^c19382221]: Sch. 4 para. 57 repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with arts. 8, 10)

[^c13631821]: 1973 c. 41.

[^c13631861]: S.I. 1973/69 (N.I. 1).

[^c13631871]: S.I. 1973/70 (N.I. 2).

[^c19382231]: Sch. 4 para. 60(2) repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with arts. 8, 10)

[^c13631881]: 1974 c. 39.

[^c13631921]: 1974 c. 45.

[^c13631931]: Sch. 4 para. 62 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31

[^c13631951]: Sch. 4 para. 63 repealed (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I

[^c13631941]: 1975 c. 69.

[^c13631961]: Sch. 4 para. 64 repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I

[^c19328521]: Sch. 4 para. 65 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13631981]: 1980 c. 21.

[^c13631971]: 1976 c. 34.

[^c13632011]: Sch. 4 para. 66 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3, Pt.1.(with Sch. 2, paras. 10, 14(1), 15).

[^c13632001]: 1976 c. 70.

[^c13632031]: Sch. 4 para. 67 repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

[^c13632021]: 1976 c. 75.

[^c13632051]: Sch. 4 para. 68 repealed (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 71(4), Sch. 8; S.R. 1996/216, art. 2 (with arts. 3, 4)

[^c13632041]: S.I. 1977/596 (N.I. 7).

[^c13632071]: Sch. 4 para. 69 repealed (20.2.1997) by S.I. 1996/3162 (N.I. 25), art. 13, Sch.

[^c13632061]: S.I. 1977/2157 (N.I. 28).

[^c13632081]: Sch. 4 paras. 13, 15, 24, 34 and 70 repealed by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

[^c13632091]: 1979 c. 33.

[^c19382241]: Sch. 4 para. 72 repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with arts. 8, 10)

[^c13632101]: 1979 c. 38.

[^c19382321]: Sch. 4 para. 73 repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with arts. 8, 10)

[^c13632121]: 1980 c. 21.

[^c13632151]: 1978 c. 30.

[^c13632141]: 1980 c. 45.

[^c13632161]: 1980 c. 65.

[^c13632201]: Sch. 4 para. 76(6)(12) repealed (1.1.1993 for E.W.S. and otherwiseprosp.) by New Roads and Street Works Act 1991 (c. 22), ss. 168(2), 170, Sch.9; (E.W.) S.I. 1992/2984, art. 2, Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2

[^c13632211]: 1878 c. 76.

[^c13632231]: 1980 c. 66.

[^c13632171]: 1980 c. 66.

[^c13632251]: Sch. 4 para. 77 repealed (17.2.1994) by S.I. 1993/3160 (N.I. 15), art. 134(3), Sch.11.

[^c13632241]: S.I. 1980/1085 (N.I. 11).

[^c13632271]: Sch. 4 para. 78 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34)

[^c13632261]: 1981 c. 38.

[^c13632281]: 1981 c. 64.

[^c19328571]: Sch. 4 para. 80(1) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632291]: 1981 c. 67.

[^c19632651]: Sch. 4 para. 81 repealed (1.1.1991) by Broadcasting Act 1990 (c.42, SIF 96), ss. 4(6), 87(6), 134, 203(3), 204(2), Sch. 12 Pt. II para. 1, Sch. 21; S.I. 1990/2347, art. 3(1) (subject to art. 3(2)(3))

[^c13632321]: 1981 c. 38.

[^c13632311]: 1981 c. 68.

[^c13632331]: S.I. 1981/156 (N.I.3).

[^c13632341]: S.I. 1981/608 (N.I. 16).

[^c13632351]: 1982 c. 16.

[^c13632371]: Sch. 4 para. 85 repealed (E.W.S.) by Cinemas Act 1985 (c. 13, SIF 45A), Sch. 3

[^c13632381]: 1909 c. 30.

[^c13632361]: 1982 c. 33.

[^c19328611]: Sch. 4 para. 86(1) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632391]: 1933 c. xliv.

[^c13632401]: 1949 c. lv.

[^c13632411]: 1963 c. xvii.

[^c13632421]: 1969 c. lii.

[^c13632431]: 1938 c. liv.

[^c13632441]: 1938 c. lxiii.

[^c13632451]: 1939 c. lxv.

[^c13632461]: 1940 c. xxx.

[^c13632471]: 1947 c. xlv.

[^c13632481]: 1948 c. xli.

[^c13632491]: 1951 c. xliv.

[^c13632501]: 1951 c. xlv.

[^c13632511]: 1953 c. xli.

[^c13632521]: 1956 c. xl.

[^c13632531]: 1956 c. xlix.

[^c13632541]: 1960 c. xliii.

[^c13632551]: 1960 c. xlix.

[^c13632561]: 1961 c. xlv.

[^c13632571]: 1963 c. xxxvii.

[^c13632581]: 1966 c. xv.

[^c13632591]: 1970 c. xxiv.

[^c13632601]: 1971 c. xv.

[^c13632611]: 1971 c. xxxvi.

[^c13632621]: 1971 c. lx.

[^c13632631]: 1971 c. lxiii.

[^c13632651]: 1980 c. 66.

[^c13632661]: Words in Sch. 4 para. 88(1)(b) repealed (E.W.S.) (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(2), 170, Sch. 9; S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

[^c19332931]: Words in Sch. 4 para. 88 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 3(1), Sch. 1 para. 1(2)(a) (with art. 1(2))

[^c19333001]: Word in Sch. 4 para. 88 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 3(1), Sch. 1 para. 1(2)(d) (with art. 1(2))

[^c19332961]: Words in Sch. 4 para. 88 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 3(1), Sch. 1 para. 1(2)(b) (with art. 1(2))

[^c19332981]: Words in Sch. 4 para. 88 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 3(1), Sch. 1 para. 1(2)(c) (with art. 1(2))

[^c19333041]: Word in Sch. 4 para. 88 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 3(1), Sch. 1 para. 1(2)(e) (with art. 1(2))

[^c13632671]: 1878 c. 76.

[^c19333271]: Sch. 4 para. 89(5) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632681]: 1878 c. 76.

[^c19333291]: Sch. 4 para. 90 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13629931]: Definition of "telecommunications code system" in Sch. 4 applied by Heathrow Express Railway Act 1991 (c. vii), ss. 16(5), 17(2)

[^c13629941]: Definition of "telecommunications code system" in Sch. 4 para. 1(1) applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(c).

[^c13629951]: Definition of "telecommunications code system" in Sch. 4 para. 1(1) applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 183, 223(2), Sch. 13 para. 1(5)(c)

[^c13629961]: Definition of "telecommunications code system" in Sch. 4 applied by Strathclyde Regional Council Order Confirmation Act 1991 (c. xx, SIF 200), s. 1, Sch. Pt. IV s. 11(2).

[^c19382331]: Sch. 5 paras. 1-7 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19382341]: Sch. 5 paras. 1-7 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19382351]: Sch. 5 paras. 1-7 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19383611]: Sch. 5 paras. 1-7 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19383621]: Sch. 5 paras. 1-7 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19383641]: Sch. 5 paras. 1-7 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19383661]: Sch. 5 paras. 1-7 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632691]: Sch. 5 para. 8(1)(3) repealed (1.1.1991) by Broadcasting Act 1990 (c.42, SIF 96), ss. 4(6), 87(6), 134, 203(3), 204(2), Sch. 12 Pt. II para. 1, Sch. 21; S.I. 1990/2347, art. 3(1), Sch. 2 (subject to art. 3(2)(3))

[^c13632701]: 1969 c. 48.

[^c19383751]: Sch. 5 para. 8(2)(4) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19383811]: Sch. 5 paras. 9-14 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19383831]: Sch. 5 paras. 9-14 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19383921]: Sch. 5 paras. 9-14 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19383931]: Sch. 5 paras. 9-14 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632721]: 1977 c. 50.

[^c19383941]: Sch. 5 paras. 9-14 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19383951]: Sch. 5 paras. 9-14 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632731]: Sch. 5 para. 15 repealed (E.W.) by S.I. 1990/776, art. 3(1)(2), Sch. 1

[^c13632741]: 1974 c. 7.

[^c19383961]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19383971]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19383981]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632751]: 1974 c. 7.

[^c19383991]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632761]: 1975 c. 30.

[^c19384001]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1, 4); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384011]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384021]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384031]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384071]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384081]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384091]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384101]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384111]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384141]: Sch. 5 paras. 16-29 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632771]: Sch. 5 para. 30 repealed (1.1.1991) by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6), 134, 203(3), 204(2), Sch. 12 Pt. II para. 1, Sch. 21; S.I. 1990/2347, art. 3(1) (subject to art. 3(2)(3))

[^c19384151]: Sch. 5 paras. 31-33 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384181]: Sch. 5 paras. 31-33 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384211]: Sch. 5 paras. 31-33 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384261]: Sch. 5 para. 35 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384371]: Sch. 5 paras. 38-42 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384381]: Sch. 5 paras. 38-42 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384421]: Sch. 5 paras. 38-42 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384431]: Sch. 5 paras. 38-42 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19384441]: Sch. 5 paras. 38-42 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632781]: 1949 c. 39.

[^c13632791]: 1969 c. 48.

[^c19384451]: Sch. 5 para. 47 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632801]: 1950 c. 39.

[^c19384471]: Words in Sch. 5 para. 48(1)(2) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632811]: 1972 c. 63.

[^c13632821]: 1982 c. 52.

[^c19384491]: Sch. 5 paras. 49-51 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632831]: 1974 c. 7.

[^c19384591]: Sch. 5 paras. 49-51 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632841]: 1975 c. 30.

[^c19384651]: Sch. 5 paras. 49-51 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13632851]: Sch. 5 para. 51(1) substituted for Sch. 5 para. 51(1)(2) by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

[^c19399251]: Sch. 6 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c22802601]: Sch. 7 Pt. III in force at 6.9.1994: British Telecommunications was dissolved on 6.9.1994 by The British Telecommunications (Dissolution) Order 1994 (S.I. 1994/2162), see ss. 109(6), 110(4)

[^c13632911]: Pt. VI (ss. 74-92), ss. 102, 106(4)(5), 110(1), Sch. 3 and Sch. 7 Pt. IV extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I

[^c19385411]: Sch. 7 Pt. IV extended (Jersey) (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), art. 3(1), Sch. Pt. I (as amended (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), art. 6(1), Sch. 2 Pt. 1)

[^c13620751]: Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 29 para. 32, Sch. 30 para. 6(1)

[^c13620761]: Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 29 para. 32, Sch. 30 para. 6(1)

[^c13620831]: Pt. VI (ss. 74-92), ss. 102, 106(4)(5), 110(1), Sch. 3 and Sch. 7 Pt. IV extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I

[^c19219061]: Pt. VI: functions modified by The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730), reg. 6(4) (as substituted (25.7.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (S.I. 2003/1903), reg. 2(6))

[^c19218991]: Pt. 6: functions transferred (29.12.2003) by Communications Act 2003 (c. 21), ss. 2, 406, 411, Sch. 1 para. 1(1)(c)(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19219121]: Pt. VI extended (Jersey) (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), art. 3(1), Sch. Pt. I (as amended (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), art. 6(1), Sch. 2 Pt. 1)

[^c13620841]: S. 74 repealed (18.6.1998) by 1998 c. 6, ss. 7, 10(2), Sch. 2 Pt. I

[^c13620851]: 1982 c. 48.

[^c13620861]: S. 78 repealed (28.10.1992) by S.I. 1992/2372, reg. 2(1)

[^c13620871]: S. 79(1)(ba)(bb) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 173(4)

[^c13620881]: Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 173(5)(a)

[^c13620891]: Words repealed by Broadcasting Act 1990 (c. 42, SIF 96), ss. 173(5)(b), 203(3), Sch. 21

[^c13620901]: S. 79(4A) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 173(6)

[^c19245821]: S. 79(1)(bza) inserted (18.9.2003) by Communications Act 2003 (c. 21), ss. 179(3)(4), 411 (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2

[^c19245321]: Words in s. 79 substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 64 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19245731]: Words in s. 79(6)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 65 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19252681]: S. 80 repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1,3); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19252741]: S. 81 repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Notes 1,3); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19253001]: Words in s. 83 substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 64 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19253061]: Words in s. 83(1)(b)(2)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 66(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19253131]: Word in s. 83(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 66(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19253151]: Words in s. 83(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 66(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19253571]: Words in s. 84 substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 67(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19253761]: Words in s. 84(5) substituted by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 67(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19253821]: Words in s. 84(8) substituted by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 67(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19253841]: S. 84(8A)(8B) inserted by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 67(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c13620961]: Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109), ss. 41(2), 47(1)(2), 48, Sch. 4 para. 9(1)

[^c19255001]: Words in s. 85 substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 64 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19255021]: Words in s. 86 substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 64 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19255141]: S. 88 repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19255341]: S. 90 repealed by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 68, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19255451]: Words in s. 91(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 69(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c19255511]: Words in s. 91(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) with art. 11)

[^c19255541]: Words in s. 91(4) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

[^c13620971]: 1949 c. 54.

[^c13620981]: 1967 c. 72.

[^c13620991]: S. 92(3) repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 6

[^c19255721]: S. 92(4) repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19258841]: S. 96 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c13622861]: Definition of "sewerage authority" in s. 98(9) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(b); S.I. 1996/323, art. 4(b)(c)

[^c13622421]: This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales only and Scotland only.

[^c13622431]: S.I. 1973/69 (N.I. 1).

[^c13622441]: Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(a), Sch. 17 paras. 33, 35(1)

[^c13622451]: Words in s. 98(9) substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(a); S.R. 1992/117, art. 3(1)

[^c13622461]: Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(b), Sch. 17 paras. 33, 35(1)

[^c13622471]: Words in s. 98(9) substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(b); S.R. 1992/117, art. 3(1)

[^c13622481]: 1936 c. 49.

[^c13622841]: Words in para. (b) in definition of "public sewer" in s. 98(9) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(a); S.I. 1996/323, art. 4(b)(c)

[^c13622491]: S.I. 1973/70 (N.I. 2).

[^c13622501]: 1954 c. 33 (N.I.).

[^c13622901]: Words in para. (b) in definition of water authority in s. 98(9) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 133(3)(c); S.I. 1996/323, art. 4(b)(c)

[^c13622541]: 1980 c. 45.

[^c13622551]: S.I. 1973/70 (N.I. 2).

[^c13622561]: This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and Northern Ireland only.

[^c13622761]: This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and Northern Ireland only.

[^c13622781]: S.I. 1973/69 (N.I. 1).

[^c13622791]: Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(a), Sch. 17 paras. 33, 35(1)

[^c13622801]: Words in s. 98 substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12, para. 28 (a); S.R. 1992/117, art. 3(1)

[^c13622811]: Words in s. 98(9) substituted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 29(2)(b), Sch. 17 paras. 33, 35(1)

[^c13622821]: Words in s. 98(9) substituted (N.I.) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 28(b); S.R. 1992/117, art. 3(1)

[^c13622831]: 1936 c. 49.

[^c13622851]: S.I. 1973/70 (N.I. 2).

[^c13622871]: 1954 c. 33 (N.I.).

[^c13622921]: 1980 c. 45.

[^c13622931]: S.I. 1973/70 (N.I. 2).

[^c13624861]: Words in s. 101(2)(b) inserted (6.1.1994) by 1993 c. 43, ss. 150(1)(o), 152(1), Sch. 12 para. 13(1); S.I. 1993/3237, art. 2(2).

[^c13624971]: Words inserted (20.6.1988) by S.I. 1988/915, reg. 7(6)(f)(ii) for the purpose mentioned therein

[^c19269651]: S. 101(4) repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 72(6), Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19269472]: Words in s. 101(1)(a) inserted (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 72(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c19598901]: S. 104(3) repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19271881]: S. 106(1): definitions repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

[^c13627571]: This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

[^c13627561]: Definition of "telecommunication apparatus" in Sch. 2 para. 1 applied by Heathrow Express Railway Act 1991 (c. vii), ss. 16(5), 17(2) Definition of "telecommunication apparatus" in Sch. 2 para. 1 applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), ss. 122(1), 170(1) Sch. 6 para. 7(4); S.I. 1992/1671, art. 2, Sch. Definition of "telecommunication apparatus" in Sch. 2 para. 1(1) applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2) Definition of "telecommunication apparatus" in Sch. 2 para. 1(1) applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(2) Definition of "telecommunication apparatus" in Sch. 2 para. 1 applied (E.W.S.) by S.I. 1991/1619, art. 8

[^c19384881]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19384951]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19384971]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c13632861]: 1969 c. 48.

[^c19384981]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19384991]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19385001]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c13632871]: 1949 c. 87.

[^c13632881]: 1969 c. 48.

[^c19385241]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19385301]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19385341]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19385351]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19385361]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c13632891]: 1949 c. 88.

[^c13632901]: 1969 c. 48.

[^c19385371]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19385381]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

[^c19385391]: Sch. 6 repealed (25.7.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3)))

References under section 13: time limits

Reports on licence modification references.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of Secretary of State’s functions through nominees.

Grants to promote interests of disabled persons.

Paragraph

In Schedule 15, paragraph 17(5).

Extent of repeal

Information to be given to customers about overall performance.

Entry, for exploratory purposes, on land in Scotland.

Entry, for exploratory purposes, on land in Northern Ireland.

Purchase of Duchy of Lancaster land.

General functions.

Annual and other reports.

Vesting of property etc. of British Telecommunications in a company nominated by the Secretary of State.

Exercise of Secretary of State’s functions through nominees.

Liability of Secretary of State in respect of liabilities vesting in successor company.

Application of law in relation to offer of shares or debentures of the successor company.

Tax provisions.

Interpretation of Part V.

Alteration of penalties and mode of trial for certain offences under the 1949 Act.

Directions in the interests of national security etc.

General interpretation.

Application to territorial waters and the continental shelf etc.

Amendments, transitional provisions and repeals.

In Schedule 15, paragraph 17(5).

Extent of repeal

Amendments, transitional provisions and repeals.

In Schedule 15, paragraph 17(5).

Extent of repeal