The Electronic Communications Code (Conditions and Restrictions) Regulations 2003

Extract

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The Electronic Communications Code (Conditions and Restrictions) Regulations 2003

Statutory Instruments

ELECTRONIC COMMUNICATIONS

Made

2 nd October 2003

Laid before Parliament

3 rd October 2003

Coming into force

23 rd October 2003

The Secretary of State, after consultation with the Director General of Telecommunications(1) and such other persons as she considered appropriate in accordance with section 109(4) of the Communications Act 2003(2) , in exercise of the powers conferred upon her by sections 109(1) and (3) and 402(3)(a) , (b) and (c) of that Act, hereby makes the following Regulations—

Citation and commencement

1.  These Regulations may be cited as the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 and shall come into force on 23 rd October 2003.

Interpretation

2.—(1) Unless the contrary intention appears, expressions used in these Regulations which are used in Schedule 2 to the Telecommunications Act 1984(3) have the same meanings as in that Schedule.

(2) In these Regulations—

“the Act” means the Communications Act 2003;

“appropriate authority” means—

in relation to England and Wales, a relevant authority within the meaning of section 49(6) of the New Roads and Street Works Act 1991(4);

in relation to Scotland, a person to whom notice would be required to be given by section 108(6) of the New Roads and Street Works Act 1991(5); and

in relation to Northern Ireland, a relevant authority within the meaning of article 7(5) of the Street Works (Northern Ireland) Order 1995(6);

“area of special scientific interest” means, in relation to Great Britain, any area in respect of which notice has been given under section 28(1) of the Wildlife and Countryside Act 1981(7) or, in relation to Northern Ireland, any area in respect of which a declaration has been made under article 24(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985(8);

“authorised area” has, in relation to Great Britain, the meaning given by section 6(9) of the Electricity Act 1989(9) and, in relation to Northern Ireland, the meaning given by article 3 of the Electricity (Northern Ireland) Order 1992(10);

“the Broads” means the area in which the Broads Authority established under section 1 of the Norfolk and Suffolk Broads Act 1988(11) exercises powers of development control;

“carriageway” has the meanings given—

in relation to England and Wales, by se...

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