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The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020

Type Statutory-Instrument
Publication 2020-12-02
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API

In Schedule 8 (decisions not subject to appeal), in paragraph 7, after “71” insert “ or under section 71(4) to (7) as applied by section 72H(4) ”.

PART 2 — Amendments of Communications Act 2003 coming into force on IP completion day

66

The Communications Act 2003 is further amended as follows.

67

  • (1) Section 4 (duties for the purpose of fulfilling EU obligations) is amended as follows.
  • (2) In subsection (2), for the words from “seven” to the end substitute “ six requirements set out in the following provisions of this section ”.
  • (3) In subsection (10)(a) , after “EECC Directive” insert “ (whether before or after IP completion day) ”.
  • (4) In subsection (10A) , for “seventh Community” substitute “ sixth ”.
  • (5) In subsection (11) , for “Community requirements” substitute “ six requirements in this section ”.

68

In section 4A (duty to take account of European Commission recommendations for harmonisation) , for subsection (2) substitute—

(2) In carrying out those functions, OFCOM may take account of recommendations issued by the European Commission under Article 19(1) of the Framework Directive or Article 38(1) of the EECC Directive (including recommendations issued before the coming into force of this section or after IP completion day) if the recommendations appear to OFCOM to be relevant to those functions.

69

In section 49 (directions and approvals for the purposes of a section 45 condition), in subsection (3) , for “seven Community” substitute “ six ”.

70

In section 51 (matters to which general conditions may relate), in subsection (2), for paragraph (b) substitute—

(b) provide protection for such end-users that is the same as, or similar to, any protection that was, immediately before IP completion day, required by Title 3 of Part 3 of the EECC Directive (end-user rights);

71

In section 74A (access-related conditions in certain cases involving use of radio spectrum) , in subsection (5)(a), for “member States” substitute “ United Kingdom ”.

72

  • (1) Section 75 (conditional access systems and access to digital services) is amended as follows.
  • (2) In subsection (2), in paragraph (b), at the end insert “ as it had effect immediately before IP completion day ”.
  • (3) After that subsection insert—

(2A) For the purposes of subsection (2)(b), Part 1 of Annex 2 to the EECC Directive is to be read as if— (a) the reference to viewers and listeners in the Union were a reference to viewers and listeners in the United Kingdom; (b) the reference to member States were a reference to OFCOM; (c) the words “in accordance with Article 62” were omitted; (d) in point (a), the references to Union competition law were references to any provision relating to competition that is contained in or made under an enactment.

73

  • (1) Section 79 (market power determinations) is amended as follows.
  • (2) Before subsection (2A) insert—

(2ZA) In identifying or analysing a services market for the purposes of this Chapter, OFCOM may have regard to EECC materials relating to market identification and analysis.

  • (3) After subsection (2B) insert—

(2BA) In considering whether to make or revise a market power determination in relation to a services market, OFCOM may have regard to EECC materials relating to market analysis or the determination of what constitutes significant market power.

  • (4) Omit subsection (2C).
  • (5) After subsection (6) insert—

(6A) In this section “EECC materials” means recommendations or guidelines published by the European Commission, and guidelines published by BEREC, under the Framework Directive or the EECC Directive (including those published after IP completion day).

74

In section 84A (timing of services market identifications and determinations) , for subsection (7) substitute—

(7) In subsection (3), “the specified period” means the period of 5 years from the publication under section 79(4) of the notification of the market power determination made on the basis of the earlier analysis, but this is subject to subsection (8). (8) If, in relation to an analysis and review that would otherwise be required within the period mentioned in subsection (7), OFCOM are of the opinion that exceptionally a longer period is justified, OFCOM may, by publishing a statement of the reasons for their opinion, extend the specified period by up to one additional year.

75

In section 91A (SMP services conditions: wholesale-only undertakings) , in subsection (3), for “member States” substitute “ United Kingdom ”.

76

In section 93B (notification of proposed commitments relating to very high capacity network) , after subsection (5) insert—

(6) In determining whether the requirements of subsection (3) are met, OFCOM may have regard to any guidelines that are from time to time published by BEREC under Article 76(4) of the EECC Directive (whether before or after IP completion day).

77

In section 93C (giving effect to commitments decision), omit subsection (6).

78

In section 151 (interpretation of Chapter 1), omit subsection (5).

79

In section 186 (action by OFCOM on dispute reference) , in subsection (3)(b), for “Community” substitute “ six ”.

PART 3 — Amendments of Wireless Telegraphy Act 2006 coming into force on 21st December 2020

80

The Wireless Telegraphy Act 2006 is amended as follows.

81

  • (1) Section 8 (licences and exemptions) is amended as follows.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) In subsection (5), after paragraph (c) insert—

(ca) inhibit the development of effective arrangements for the sharing of frequencies;

82

In section 8C (consultation before grant of exclusive licence) , in subsection (4), for “one month” substitute “ 30 days ”.

83

  • (1) Section 9 (terms, provisions and limitations) is amended as follows.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) In subsection (4), after paragraph (c) insert—

(ca) terms or provisions requiring the holder of the licence to enter into wholesale roaming access agreements in specified circumstances on terms specified or described in the licence;

  • (4) After subsection (7) insert—

(7A) In this section “wholesale roaming access agreement”, in relation to the holder of a wireless telegraphy licence, means an agreement between the holder and the provider of a public electronic communications service that depends on the use of wireless telegraphy (“the roaming provider”) for the purpose of enabling public electronic communications services to be provided to the customers of the roaming provider in all or part of the area to which the licence relates.

84

In section 14 (bidding for licences) , after subsection (3B) insert—

(3C) In exercising their power to make regulations under this section, OFCOM must consider whether, if they were to specify under subsection (3)(h) a term, provision or limitation requiring a specified level of use of any station, apparatus or frequency to which the licence relates, they would by doing so promote the optimal use of the electromagnetic spectrum.

85

In section 30 (spectrum trading), omit subsection (1A) .

86

After section 30 insert—

(30A) (1) OFCOM must exercise the powers mentioned in subsection (2) in such a way as to ensure that, except in the cases excluded by subsection (4), the holder of a wireless telegraphy licence can do at least one of the following— (a) confer the benefit of the licence on another person in respect of any station or apparatus to which the licence relates; or (b) transfer to another person rights and obligations arising as a result of the licence. (2) The powers are— (a) their power under section 9 to impose terms, provisions and limitations on a wireless telegraphy licence; and (b) their power to make regulations under section 30. (3) OFCOM must exercise their powers to make regulations under section 30 so as to authorise the transfer to another person by the holder of a grant of recognised spectrum access of rights and obligations arising as a result of such a grant, except in the cases excluded by subsection (5). (4) The duty in subsection (1) does not apply where— (a) no charge was payable to OFCOM on the grant of the licence; (b) the licence contains terms, provisions or limitations as a result of which the services for which the use of the station or apparatus is authorised consist of or include the transmission or provision of relevant television or radio services; (c) the duration of the licence does not exceed 12 months; (d) the licence contains terms, provisions or limitations as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include experimental, innovation, research, demonstration or trial purposes; (e) the licence contains terms, provisions or limitations as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include safety of life services; or (f) the licence relates to frequencies that are not subject to individual frequency planning or co-ordination. (5) The duty in subsection (3) does not apply where— (a) no charge was payable to OFCOM on the making of the grant of recognised spectrum access; (b) the grant contains restrictions or conditions as a result of which the services for which the use of the station or apparatus is authorised consist of or include the transmission or provision of relevant television or radio services; (c) the duration of the grant does not exceed 12 months; (d) the grant contains restrictions or conditions as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include experimental, innovation, research, demonstration or trial purposes; (e) the grant contains restrictions or conditions as a result of which the purposes for which the use of the station or apparatus is authorised consist of or include safety of life services; or (f) the grant relates to frequencies that are not subject to individual frequency planning or co-ordination. (6) In subsections (4)(b) and (5)(b) “relevant television or radio services” means— (a) services provided under the authority of a licence under the Broadcasting Act 1990 or the Broadcasting Act 1996; (b) sound broadcasting services (as defined by section 126(1) of the Broadcasting Act 1990) provided by the British Broadcasting Corporation; (c) television multiplex services (as defined by section 241 of the Communications Act 2003) for which a licence under Part 1 of the Broadcasting Act 1996 is not required; (d) radio multiplex services (as defined by section 258 of the Communications Act 2003) for which a licence under Part 2 of the Broadcasting Act 1996 is not required; (e) general multiplex services (as defined by section 362(1) of the Communications Act 2003).

87

In section 31 (wireless telegraphy register), in subsection (3)—

  • (a) omit the “or” at the end of paragraph (a);
  • (b) at the end of paragraph (b) insert—

or (c) the conferring by the holder of a wireless telegraphy licence on another person of the benefit of the licence in respect of any station or apparatus to which the licence relates.

88

In section 115 (general interpretation), in subsection (1), after the definition of “dynamic spectrum access service” insert—

“the EECC Directive” means Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code;

89

In section 122 (orders and regulations made by OFCOM), in subsection (6), for “one month” substitute “ 30 days ”.

90

In Schedule 1 (procedure for wireless telegraphy licences) , in paragraphs 4(b) and 7(3)(b), for “one month” substitute “ 30 days ”.

91

In Schedule 2 (procedure for grants of recognised spectrum access), in paragraphs 3(2) and 6(3), for “one month” substitute “ 30 days ”.

PART 4 — Amendments of Wireless Telegraphy Act 2006 coming into force on IP completion day

92

The Wireless Telegraphy Act 2006 is further amended as follows.

93

In section 14 (bidding for licences), in subsection (3A), omit “, 9(1A)”.

94

In section 115 (general interpretation) , in subsection (1), omit the definition of “the EECC Directive”.

SCHEDULE 2 — Amendments of subordinate legislation

PART 1 — Amendments coming into force on 21st December 2020

Electronic Communications (Universal Service) Order 2003

1

In the Electronic Communications (Universal Service) Order 2003 , in the Schedule, omit paragraph 5(2).

Electronic Communications and Wireless Telegraphy Regulations 2011

2

In the Electronic Communications and Wireless Telegraphy Regulations 2011 , omit regulation 5 .

Broadcasting (Amendment) (EU Exit) Regulations 2019

3

In the Broadcasting (Amendment) (EU Exit) Regulations 2019 , in Schedule 1, in paragraph 19, omit sub-paragraphs (2)(b) and (3).

Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

4

  • (1) The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 are amended as follows.
  • (2) In Schedule 1, omit the following—
  • (a) paragraph 3(2) and (10);
  • (b) paragraph 4(2);
  • (c) paragraph 5;
  • (d) paragraph 13(2);
  • (e) paragraph 17(2);
  • (f) paragraph 21(2);
  • (g) paragraph 23(3);
  • (h) paragraph 31(5);
  • (i) paragraph 37;
  • (j) in paragraph 40, the words “and (3)”;
  • (k) paragraph 45(4).
  • (3) In Schedule 2, omit paragraph 1.

Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019

5

In the Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019 , omit regulation 2.

PART 2 — Amendments coming into force on IP completion day

6

In Schedule 1 to these Regulations, omit the following—

  • (a) paragraphs 14, 17 and 18;
  • (b) paragraph 34(2);
  • (c) paragraphs 37 and 38;
  • (d) paragraph 40;
  • (e) paragraph 60;
  • (f) paragraph 62(2);
  • (g) paragraph 81(2);
  • (h) paragraph 83(2).

SCHEDULE 3 — Amendments of retained direct EU legislation

Commission Implementing Regulation (EU) 2019/2243

1

  • (1) Commission Implementing Regulation (EU) 2019/2243 of 17 December 2019 establishing a template for the contract summary to be used by providers of publicly available electronic communications services pursuant to Directive (EU) 2018/1972 of the European Parliament and of the Council is amended as follows.
  • (2) Before Article 1 insert—

In this Regulation “electronic communications service” has the same meaning as in the Communications Act 2003.

  • (3) After Article 3, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
  • (4) In Part A of the Annex, under the heading “Contract summary”, omit “as required by EU law”.
  • (5) In Part B of the Annex—
  • (a) in the text under the heading “Section “Services and equipment””—
  • (i) for “bundles pursuant to Article 107 of Directive (EU) 2018/1972,” substitute “ bundled contracts as defined by section 51(8) of the Communications Act 2003, ”;
  • (ii) for “bundles”, in the second and third place it occurs, substitute “ bundled contracts ”;
  • (b) in the text under the heading “Section “Duration, renewal and termination””, for “by Union or national law” substitute “ by an enactment or at common law ”;
  • (c) in the text under the heading “Section “Other relevant information””, for “by Union or national law” substitute “ by an enactment or at common law ”.

Signed

Matt Warman — Parliamentary Under Secretary of State — 2020-12-02

Explanatory note

(This note is not part of the Regulations)

Footnotes

1

1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

2

2018 c. 16. Section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1); paragraph 21 of Schedule 7 was amended by paragraph 53(2) of Schedule 5 to that Act.

3

S.I. 1999/2788. There are amendments which are not relevant for the purposes of these Regulations.

4

S.I. 2001/3495. There are amendments which are not relevant for the purposes of these Regulations.

5

Section 72A was inserted by section 1(7) of the Digital Economy Act 2017 (c. 30).

7

Section 65(2BC) is inserted by paragraph 22(3) of Schedule 1 to these Regulations.

8

S.I. 2003/1904; paragraph 5(2) of the Schedule is revoked by paragraph 1 of Schedule 2 to these Regulations.

9

Section 72D is inserted by paragraph 29 of Schedule 1 to these Regulations.

10

Subsection (4)(ea) is prospectively inserted by S.I. 2019/246.

11

Section 4 was amended by S.I. 2011/1210 and is prospectively amended by S.I. 2019/246 and by S.I. 2019/919.

12

Section 4A was inserted by S.I. 2011/1210; subsection (2) is prospectively amended by paragraph 4(2) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(b) of Schedule 2 to these Regulations), and a new subsection (2) is substituted by paragraph 68 of Schedule 1 to these Regulations.

13

Section 5 was amended by S.I. 2011/1210 and is prospectively amended by paragraph 5 of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(c) of Schedule 2 to these Regulations).

14

Section 33 is prospectively amended by S.I. 2019/246.

15

Section 38 was amended by S.I. 2011/1210 and by section 101(3) of the Digital Economy Act 2017 (c. 30).

16

Section 48A was inserted by S.I. 2011/1210 and is prospectively amended by S.I. 2019/246.

17

Section 48B was inserted by S.I. 2011/1210 and is prospectively repealed by S.I. 2019/246.

19

Section 49 was amended by S.I. 2011/1210; subsection (3) is prospectively amended by paragraph 13(2) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(d) of Schedule 2 to these Regulations) and is further amended by paragraph 69 of Schedule 1 to these Regulations.

20

Section 49A was inserted by S.I. 2011/1210 and is prospectively amended by S.I. 2019/246.

21

Section 49B was inserted by S.I. 2011/1210 and is prospectively repealed by S.I. 2019/246.

22

Section 49C was inserted by S.I. 2011/1210; subsections (2), (3), (4)(d) to (g), (5) and (6) are prospectively repealed by S.I. 2019/246.

23

Section 51 was amended by S.I. 2011/1043 and S.I. 2011/1210 and by sections 2 and 3 of the Digital Economy Act 2017 and is prospectively amended by S.I. 2019/246.

24

Section 65 was amended by S.I. 2011/1210 and by section 1(3) and (4) of the Digital Economy Act 2017 and is prospectively amended by S.I. 2019/246.

25

Subsection (3) is prospectively amended by paragraph 21(2) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(f) of Schedule 2 to these Regulations).

26

Section 72A was inserted by section 1(7) of the Digital Economy Act 2017.

27

Section 72B was inserted by section 1(7) of the Digital Economy Act 2017.

28

Section 73 was amended by S.I. 2011/1210.

29

Section 75 was repealed in part by S.I. 2011/1210 and is prospectively amended by S.I. 2019/224.

30

Section 78 is prospectively amended by S.I. 2019/246.

31

Section 79 was amended by S.I. 2011/1043 and is prospectively amended by S.I. 2019/246.

32

Section 80A was inserted by S.I. 2011/1210 and is prospectively repealed by S.I. 2019/246.

33

Section 80B was inserted by S.I. 2011/1210 and is prospectively repealed by S.I. 2019/246.

34

Section 83 is prospectively repealed by S.I. 2019/246.

35

Section 84 was amended by S.I. 2011/1210 and is prospectively amended by S.I. 2019/246.

36

Section 84A was inserted by S.I. 2011/1210 and is prospectively amended by S.I. 2019/246.

37

Section 87 was amended by S.I. 2011/1210 and is prospectively amended by S.I. 2019/246.

38

Section 96A was inserted by S.I. 2011/1210; subsections (5) to (7) were substituted for subsection (5) by the Enterprise and Regulatory Reform Act 2013 (c. 24), Schedule 14, paragraph 18.

39

Section 96C was inserted by S.I. 2011/1210.

40

Section 97 was amended by S.I. 2011/1210.

41

Section 98 was amended by S.I. 2011/1210.

42

Section 100 was amended by S.I. 2011/1210.

43

Section 100A was inserted by S.I. 2011/1210.

44

Section 102 was amended by S.I. 2011/1210.

45

Section 104 was amended by S.I. 2011/1210.

46

Section 107 was amended by S.I. 2011/1210.

47

Section 124T was inserted by S.I. 2011/1210.

48

Section 134A was inserted by section 1(1) of the Digital Economy Act 2010 (c. 24).

49

Section 134AB was inserted by section 82(2) of the Digital Economy Act 2017.

50

Section 134B was inserted by section 1(1) of the Digital Economy Act 2010 and amended by section 82(3) of the Digital Economy Act 2017 (c. 30).

51

Section 135 was amended by sections 1(2) and 16(2) of the Digital Economy Act 2010, by S.I. 2011/1210 and by sections 1(8), 82(4) and 85(2) and (3) of the Digital Economy Act 2017.

52

Section 150A was inserted by S.I. 2011/1210 and is prospectively repealed by S.I. 2019/246.

53

Subsection (4B) was inserted by S.I. 2011/1210.

54

Subsection (10) was amended by S.I 2011/1210 and is amended by paragraph 3(4) of Schedule 1 to these Regulations.

55

Subsection (10A) is inserted by paragraph 3(5) of Schedule 1 to these Regulations.

56

Subsection (11) is prospectively amended by paragraph 3(10) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(a) of Schedule 2 to these Regulations).

57

Section 4A was inserted by S.I. 2011/1210; subsection (2) is prospectively amended by paragraph 4(2) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 3(a) of Schedule 2 to these Regulations) and is amended by paragraph 4 of Schedule 1 to these Regulations.

58

Subsection (3) is amended by paragraph 15 of Schedule 1 to these Regulations.

59

Section 74A is inserted by paragraph 32 of Schedule 1 to these Regulations.

60

Section 75 is amended by paragraph 33 of Schedule 1 to these Regulations.

61

Section 79 is amended by paragraph 35 of Schedule 1 to these Regulations and is prospectively amended by S.I. 2019/246.

62

Section 84A was inserted by S.I. 2011/1210, is amended by paragraph 40 of Schedule 1 to these Regulations, and is amended prospectively by S.I. 2019/246.

63

Section 91A is inserted by paragraph 43 of Schedule 1 to these Regulations.

64

Sections 93B and 93C are inserted by paragraph 44 of Schedule 1 to these Regulations.

65

Section 186(3)(b) is prospectively amended by paragraph 37 of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(i) of Schedule 2 to these Regulations).

67

Subsections (3A), (3B) and (5) were inserted by S.I. 2011/1210; subsection (3A) is prospectively repealed by S.I. 2019/246.

68

Section 8C was inserted by S.I. 2011/1210.

69

Section 9 was amended by S.I. 2009/2979 and S.I. 2011/1210 and subsection (1A) is prospectively repealed by S.I. 2019/246.

70

Section 14 was amended by section 38 of the Digital Economy Act 2010 (c. 24) and by S.I. 2011/1210.

71

Subsection (1A) was inserted by S.I. 2011/1210 and is prospectively repealed by paragraph 45(4) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(k) of Schedule 2 to these Regulations).

72

This definition was inserted by the Digital Economy Act 2017 (c. 30), section 8(3).

73

Schedule 1 was amended by S.I. 2011/1210.

74

The definition of “the EECC Directive” is inserted by paragraph 88 of Schedule 1 to these Regulations.

77

Regulation 5 is prospectively amended by paragraph 1 of Schedule 2 to S.I. 2019/246 (which is omitted by paragraph 4(3) of Schedule 2 to these Regulations).

Editorial notes

81

1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

82

2018 c. 16. Section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1); paragraph 21 of Schedule 7 was amended by paragraph 53(2) of Schedule 5 to that Act.

83

S.I. 1999/2788. There are amendments which are not relevant for the purposes of these Regulations.

84

S.I. 2001/3495. There are amendments which are not relevant for the purposes of these Regulations.

85

Section 72A was inserted by section 1(7) of the Digital Economy Act 2017 (c. 30).

87

Section 65(2BC) is inserted by paragraph 22(3) of Schedule 1 to these Regulations.

88

S.I. 2003/1904; paragraph 5(2) of the Schedule is revoked by paragraph 1 of Schedule 2 to these Regulations.

89

Section 72D is inserted by paragraph 29 of Schedule 1 to these Regulations.

90

Subsection (4)(ea) is prospectively inserted by S.I. 2019/246.

91

Section 4 was amended by S.I. 2011/1210 and is prospectively amended by S.I. 2019/246 and by S.I. 2019/919.

92

Section 4A was inserted by S.I. 2011/1210; subsection (2) is prospectively amended by paragraph 4(2) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(b) of Schedule 2 to these Regulations), and a new subsection (2) is substituted by paragraph 68 of Schedule 1 to these Regulations.

93

Section 5 was amended by S.I. 2011/1210 and is prospectively amended by paragraph 5 of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(c) of Schedule 2 to these Regulations).

94

Section 33 is prospectively amended by S.I. 2019/246.

95

Section 38 was amended by S.I. 2011/1210 and by section 101(3) of the Digital Economy Act 2017 (c. 30).

96

Section 48A was inserted by S.I. 2011/1210 and is prospectively amended by S.I. 2019/246.

97

Section 49 was amended by S.I. 2011/1210; subsection (3) is prospectively amended by paragraph 13(2) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(d) of Schedule 2 to these Regulations) and is further amended by paragraph 69 of Schedule 1 to these Regulations.

98

Section 49A was inserted by S.I. 2011/1210 and is prospectively amended by S.I. 2019/246.

99

Section 51 was amended by S.I. 2011/1043 and S.I. 2011/1210 and by sections 2 and 3 of the Digital Economy Act 2017 and is prospectively amended by S.I. 2019/246.

100

Section 65 was amended by S.I. 2011/1210 and by section 1(3) and (4) of the Digital Economy Act 2017 and is prospectively amended by S.I. 2019/246.

101

Subsection (3) is prospectively amended by paragraph 21(2) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(f) of Schedule 2 to these Regulations).

102

Section 72A was inserted by section 1(7) of the Digital Economy Act 2017.

103

Section 72B was inserted by section 1(7) of the Digital Economy Act 2017.

104

Section 73 was amended by S.I. 2011/1210.

105

Section 75 was repealed in part by S.I. 2011/1210 and is prospectively amended by S.I. 2019/224.

106

Section 78 is prospectively amended by S.I. 2019/246.

107

Section 79 was amended by S.I. 2011/1043 and is prospectively amended by S.I. 2019/246.

108

Section 80A was inserted by S.I. 2011/1210 and is prospectively repealed by S.I. 2019/246.

109

Section 84 was amended by S.I. 2011/1210 and is prospectively amended by S.I. 2019/246.

110

Section 87 was amended by S.I. 2011/1210 and is prospectively amended by S.I. 2019/246.

111

Section 96A was inserted by S.I. 2011/1210; subsections (5) to (7) were substituted for subsection (5) by the Enterprise and Regulatory Reform Act 2013 (c. 24), Schedule 14, paragraph 18.

112

Section 96C was inserted by S.I. 2011/1210.

113

Section 97 was amended by S.I. 2011/1210.

114

Section 98 was amended by S.I. 2011/1210.

115

Section 100 was amended by S.I. 2011/1210.

116

Section 100A was inserted by S.I. 2011/1210.

117

Section 102 was amended by S.I. 2011/1210.

118

Section 104 was amended by S.I. 2011/1210.

119

Section 107 was amended by S.I. 2011/1210.

120

Section 124T was inserted by S.I. 2011/1210.

121

Section 134A was inserted by section 1(1) of the Digital Economy Act 2010 (c. 24).

122

Section 134AB was inserted by section 82(2) of the Digital Economy Act 2017.

123

Section 134B was inserted by section 1(1) of the Digital Economy Act 2010 and amended by section 82(3) of the Digital Economy Act 2017 (c. 30).

124

Section 135 was amended by sections 1(2) and 16(2) of the Digital Economy Act 2010, by S.I. 2011/1210 and by sections 1(8), 82(4) and 85(2) and (3) of the Digital Economy Act 2017.

125

Subsection (4B) was inserted by S.I. 2011/1210.

126

Subsection (10) was amended by S.I 2011/1210 and is amended by paragraph 3(4) of Schedule 1 to these Regulations.

127

Subsection (10A) is inserted by paragraph 3(5) of Schedule 1 to these Regulations.

128

Subsection (11) is prospectively amended by paragraph 3(10) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(a) of Schedule 2 to these Regulations).

129

Section 4A was inserted by S.I. 2011/1210; subsection (2) is prospectively amended by paragraph 4(2) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 3(a) of Schedule 2 to these Regulations) and is amended by paragraph 4 of Schedule 1 to these Regulations.

130

Subsection (3) is amended by paragraph 15 of Schedule 1 to these Regulations.

131

Section 74A is inserted by paragraph 32 of Schedule 1 to these Regulations.

132

Section 75 is amended by paragraph 33 of Schedule 1 to these Regulations.

133

Section 79 is amended by paragraph 35 of Schedule 1 to these Regulations and is prospectively amended by S.I. 2019/246.

134

Section 84A was inserted by S.I. 2011/1210, is amended by paragraph 40 of Schedule 1 to these Regulations, and is amended prospectively by S.I. 2019/246.

135

Section 91A is inserted by paragraph 43 of Schedule 1 to these Regulations.

136

Sections 93B and 93C are inserted by paragraph 44 of Schedule 1 to these Regulations.

137

Section 186(3)(b) is prospectively amended by paragraph 37 of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(i) of Schedule 2 to these Regulations).

139

Subsections (3A), (3B) and (5) were inserted by S.I. 2011/1210; subsection (3A) is prospectively repealed by S.I. 2019/246.

140

Section 8C was inserted by S.I. 2011/1210.

141

Section 9 was amended by S.I. 2009/2979 and S.I. 2011/1210 and subsection (1A) is prospectively repealed by S.I. 2019/246.

142

Section 14 was amended by section 38 of the Digital Economy Act 2010 (c. 24) and by S.I. 2011/1210.

143

Subsection (1A) was inserted by S.I. 2011/1210 and is prospectively repealed by paragraph 45(4) of Schedule 1 to S.I. 2019/246 (which is omitted by paragraph 4(2)(k) of Schedule 2 to these Regulations).

144

This definition was inserted by the Digital Economy Act 2017 (c. 30), section 8(3).

145

Schedule 1 was amended by S.I. 2011/1210.

146

The definition of “the EECC Directive” is inserted by paragraph 88 of Schedule 1 to these Regulations.

149

Regulation 5 is prospectively amended by paragraph 1 of Schedule 2 to S.I. 2019/246 (which is omitted by paragraph 4(3) of Schedule 2 to these Regulations).

153

Reg. 1 in force at 21.12.2020, see reg. 1(2)

154

Reg. 2 in force at 31.12.2020 on IP completion day in so far as not already in force, see reg. 1(3)(a)

155

Reg. 3 in force at 31.12.2020 on IP completion day in so far as not already in force, see reg. 1(3)(b)

156

Reg. 4 in force at 31.12.2020 on IP completion day, see reg. 1(3)(c)

157

Reg. 5 in force at 21.12.2020, see reg. 1(2)

158

Reg. 6 in force at 21.12.2020, see reg. 1(2)

159

Sch. 1 para. 1 in force at 21.12.2020, see reg. 1(2)

160

Sch. 1 para. 2 in force at 21.12.2020, see reg. 1(2)

161

Sch. 1 para. 3 in force at 21.12.2020, see reg. 1(2)

162

Sch. 1 para. 4 in force at 21.12.2020, see reg. 1(2)

163

Sch. 1 para. 5 in force at 21.12.2020, see reg. 1(2)

164

Sch. 1 para. 6 in force at 21.12.2020, see reg. 1(2)

165

Sch. 1 para. 7 in force at 21.12.2020, see reg. 1(2)

166

Sch. 1 para. 8 in force at 21.12.2020, see reg. 1(2)

167

Sch. 1 para. 9 in force at 21.12.2020, see reg. 1(2)

168

Sch. 1 para. 10 in force at 21.12.2020, see reg. 1(2)

169

Sch. 1 para. 11 in force at 21.12.2020, see reg. 1(2)

170

Sch. 1 para. 12 in force at 21.12.2020, see reg. 1(2)

171

Sch. 1 para. 13 in force at 21.12.2020, see reg. 1(2)

172

Sch. 1 para. 15 in force at 21.12.2020, see reg. 1(2)

173

Sch. 1 para. 16 in force at 21.12.2020, see reg. 1(2)

174

Sch. 1 para. 19 in force at 21.12.2020, see reg. 1(2)

175

Sch. 1 para. 20 in force at 21.12.2020, see reg. 1(2)

176

Sch. 1 para. 21 in force at 21.12.2020, see reg. 1(2)

177

Sch. 1 para. 22 in force at 21.12.2020, see reg. 1(2)

178

Sch. 1 para. 23 in force at 21.12.2020, see reg. 1(2)

179

Sch. 1 para. 24 in force at 21.12.2020, see reg. 1(2)

180

Sch. 1 para. 25 in force at 21.12.2020, see reg. 1(2)

181

Sch. 1 para. 26 in force at 21.12.2020, see reg. 1(2)

182

Sch. 1 para. 27 in force at 21.12.2020, see reg. 1(2)

183

Sch. 1 para. 28 in force at 21.12.2020, see reg. 1(2)

184

Sch. 1 para. 29 in force at 21.12.2020, see reg. 1(2)

185

Sch. 1 para. 30 in force at 21.12.2020, see reg. 1(2)

186

Sch. 1 para. 31 in force at 21.12.2020, see reg. 1(2)

187

Sch. 1 para. 32 in force at 21.12.2020, see reg. 1(2)

188

Sch. 1 para. 33 in force at 21.12.2020, see reg. 1(2)

189

Sch. 1 para. 34 in force at 21.12.2020, see reg. 1(2)

190

Sch. 1 para. 35 in force at 21.12.2020, see reg. 1(2)

191

Sch. 1 para. 36 in force at 21.12.2020, see reg. 1(2)

192

Sch. 1 para. 39 in force at 21.12.2020, see reg. 1(2)

193

Sch. 1 para. 41 in force at 21.12.2020, see reg. 1(2)

194

Sch. 1 para. 42 in force at 21.12.2020, see reg. 1(2)

195

Sch. 1 para. 43 in force at 21.12.2020, see reg. 1(2)

196

Sch. 1 para. 44 in force at 21.12.2020, see reg. 1(2)

197

Sch. 1 para. 45 in force at 21.12.2020, see reg. 1(2)

198

Sch. 1 para. 46 in force at 21.12.2020, see reg. 1(2)

199

Sch. 1 para. 47 in force at 21.12.2020, see reg. 1(2)

200

Sch. 1 para. 48 in force at 21.12.2020, see reg. 1(2)

201

Sch. 1 para. 49 in force at 21.12.2020, see reg. 1(2)

202

Sch. 1 para. 50 in force at 21.12.2020, see reg. 1(2)

203

Sch. 1 para. 51 in force at 21.12.2020, see reg. 1(2)

204

Sch. 1 para. 52 in force at 21.12.2020, see reg. 1(2)

205

Sch. 1 para. 53 in force at 21.12.2020, see reg. 1(2)

206

Sch. 1 para. 54 in force at 21.12.2020, see reg. 1(2)

207

Sch. 1 para. 55 in force at 21.12.2020, see reg. 1(2)

208

Sch. 1 para. 56 in force at 21.12.2020, see reg. 1(2)

209

Sch. 1 para. 57 in force at 21.12.2020, see reg. 1(2)

210

Sch. 1 para. 58 in force at 21.12.2020, see reg. 1(2)

211

Sch. 1 para. 59 in force at 21.12.2020, see reg. 1(2)

212

Sch. 1 para. 61 in force at 21.12.2020, see reg. 1(2)

213

Sch. 1 para. 62 in force at 21.12.2020, see reg. 1(2)

214

Sch. 1 para. 63 in force at 21.12.2020, see reg. 1(2)

215

Sch. 1 para. 64 in force at 21.12.2020, see reg. 1(2)

216

Sch. 1 para. 65 in force at 21.12.2020, see reg. 1(2)

217

Sch. 1 para. 66 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

218

Sch. 1 para. 67 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

219

Sch. 1 para. 68 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

220

Sch. 1 para. 69 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

221

Sch. 1 para. 70 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

222

Sch. 1 para. 71 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

223

Sch. 1 para. 72 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

224

Sch. 1 para. 73 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

225

Sch. 1 para. 74 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

226

Sch. 1 para. 75 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

227

Sch. 1 para. 76 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

228

Sch. 1 para. 77 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

229

Sch. 1 para. 78 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

230

Sch. 1 para. 79 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

231

Sch. 1 para. 80 in force at 21.12.2020, see reg. 1(2)

232

Sch. 1 para. 81 in force at 21.12.2020, see reg. 1(2)

233

Sch. 1 para. 82 in force at 21.12.2020, see reg. 1(2)

234

Sch. 1 para. 83 in force at 21.12.2020, see reg. 1(2)

235

Sch. 1 para. 84 in force at 21.12.2020, see reg. 1(2)

236

Sch. 1 para. 85 in force at 21.12.2020, see reg. 1(2)

237

Sch. 1 para. 86 in force at 21.12.2020, see reg. 1(2)

238

Sch. 1 para. 87 in force at 21.12.2020, see reg. 1(2)

239

Sch. 1 para. 88 in force at 21.12.2020, see reg. 1(2)

240

Sch. 1 para. 89 in force at 21.12.2020, see reg. 1(2)

241

Sch. 1 para. 90 in force at 21.12.2020, see reg. 1(2)

242

Sch. 1 para. 91 in force at 21.12.2020, see reg. 1(2)

243

Sch. 1 para. 92 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

244

Sch. 1 para. 93 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

245

Sch. 1 para. 94 in force at 31.12.2020 on IP completion day, see reg. 1(3)(a)

246

Sch. 2 para. 1 in force at 21.12.2020, see reg. 1(2)

247

Sch. 2 para. 2 in force at 21.12.2020, see reg. 1(2)

248

Sch. 2 para. 3 in force at 21.12.2020, see reg. 1(2)

249

Sch. 2 para. 4 in force at 21.12.2020, see reg. 1(2)

250

Sch. 2 para. 5 in force at 21.12.2020, see reg. 1(2)

251

Sch. 2 para. 6 in force at 31.12.2020 on IP completion day, see reg. 1(3)(b)

252

Sch. 3 para. 1 in force at 31.12.2020 on IP completion day, see reg. 1(3)(c)

264

Reg. 2 in force at 21.12.2020 for specified purposes, see reg. 1(2)(a)

265

Reg. 3 in force at 21.12.2020 for specified purposes, see reg. 1(2)

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