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The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017

Consolidated Text Cited authorities 190 Cited in Amendments 150 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2017/1011
Year2017

2017 No. 1011

Electronic Communications

The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017

Made 18th October 2017

Laid before Parliament 19th October 2017

Coming into force in accordance with article 1(1)

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 406(3) of the Communications Act 20031and section 6(1) to (3) of the Digital Economy Act 20172.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 and come into force on the day on which section 4 of, and Schedule 1 to, the Digital Economy Act 2017 come fully into force.

(2) These Regulations do not extend to the Channel Islands or the Isle of Man.

(3) Subject to paragraph (2), any amendment by these Regulations of an enactment has the same extent as the enactment specified.

S-2 Amendments

Amendments

2.—(1) The amendments to legislation made under the Light Railways Act 18963and the Transport and Works Act 19924specified in Schedule 1 have effect.

(2) The amendments to road traffic legislation specified in Schedule 2 have effect.

(3) The amendments to planning legislation specified in Schedule 3 have effect.

(4) The amendments to other secondary legislation specified in Schedule 4 have effect.

Matt Hancock

Minister of State

Department for Digital, Culture, Media and Sport

18th October 2017

SCHEDULE 1

Regulation 2(1)

AMENDMENT OF LEGISLATION MADE UNDER THE LIGHT RAILWAYS ACT 1896 AND THE TRANSPORT AND WORKS ACT 1992

1 AMENDMENT OF REFERENCES TO THE TELECOMMUNICATIONS ACT 1984

PART 1

AMENDMENT OF REFERENCES TO THE TELECOMMUNICATIONS ACT 1984

SCH-1.1

1. References to Schedule 2 to the Telecommunications Act 1984

In the instruments set out in the first column of the Table below, in the provisions set out in the third column, for Schedule 2 to the Telecommunications Act 1984” substitute “Schedule 3A to the Communications Act 2003”7.

Title of Instrument

Instrument number

Provision to be amended

Derwent Valley Railway (Transfer) Light Railway Order 1987

S.I. 1987/75

Article 5

North Norfolk (Extension and Amendment) Light Railway Order 1987

S.I. 1987/950

Article 6

Yorkshire Dales Light Railway Order 1987

S.I. 1987/1088

Article 9

Swanage Light Railway Order 1987

S.I. 1987/1443

Article 7

South Tynedale Railway (Light Railway) Order 1987

S.I. 1987/1984

Article 7

Kinneil and Manuel Light Railway Order 1988

S.I. 1988/725

Article 7

Peak Rail Light Railway Order 1990

S.I. 1990/2350

Article 6

Bitton Light Railway Order 1991

S.I. 1991/134

Article 7

North Tyneside Steam Railway Light Railway Order 1991

S.I. 1991/933

Article 9

Yorkshire Dales Light Railway Order 1991

S.I. 1991/1111

Article 8

Isle of Wight Light Railway Order 1991

S.I. 1991/1619

Article 8

Leicester North Station Light Railway Order 1991

S.I. 1991/1965

Article 7

Kirklees Light Railway Order 1991

S.I. 1991/2194

Article 8

Grimsby and Louth Light Railway Order 1991

S.I. 1991/2210

Article 7(b)

Saundersfoot Steam Railway (Light Railway) Order 1991

S.I. 1991/2682

Article 9

Chappel and Wakes Colne Light Railway Order 1994

S.I. 1994/84

Article 7

Northampton and Lamport Light Railway Order 1995

S.I. I995/1300

Article 5

Oswestry Light Railway Order 1995

S.I. 1995/2142

Article 8(3)

Great Central (Nottingham) Railway Order 1995

S.I. 1995/2143

Article 10(4)

Low Moor Tramway Light Railway Order 1995

S.I. 1995/2501

Article 7(2)

South Tynedale Railway (Light Railway) Order 1996

S.I. 1996/1829

Article 7(3)

Bodmin and Wenford Light Railway Order 1996

S.I. 1996/2867

Article 8(3)

Yorkshire Dales Light Railway Order 1997

S.I. 1997/102

Article 9(3)

Golden Valley Railway Order 1997

S.I. 1997/1688

Article 10(4)

Keith and Dufftown Light Railway Order 1999

S.I. 1999/2382

Article 6(3)

Great Central Railway (East Leake Branch, etc) Order 2000

S.I. 2000/2585

Article 10(4)

East Lancashire (Heywood Extension) Light Railway Order 2002

S.I. 2002/1384

Article 7(3)
2 AMENDMENT OF NETWORK RAIL ORDERS

PART 2

AMENDMENT OF NETWORK RAIL ORDERS

SCH-1.2

2. Network Rail (West Coast Main Line) Order 2003

(1) The Network Rail (West Coast Main Line) Order 20038is amended as follows.

(2) In Schedule 13 (protective provisions), in Part II (protection for operators of an electronic communications code network), in paragraph 15, for “paragraph 9” substitute “Part 8”.

SCH-1.3

3. Network Rail (West Coast Main Line) Order 2004

(1) The Network Rail (West Coast Main Line) Order 20049is amended as follows.

(2) In article 2(1) (interpretation)—

(a)

(a) omit the definition of “conduit system”;

(b)

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c)

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

(3) In Schedule 13 (protective provisions), in Part II (protection for operators of an electronic communications code network), in paragraph 15, for “paragraph 9” substitute “Part 8”.

SCH-1.4

4. Network Rail (Thameslink 2000) Order 2006

(1) The Network Rail (Thameslink 2000) Order 200610is amended as follows.

(2) In article 2(1) (interpretation)—

(a)

(a) omit the definition of “conduit system”;

(b)

(b) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(c)

(c) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”.

(3) In Schedule 10 (protective provisions), in Part 2 (protection for operators of an electronic communications code network), in paragraph 15, for “paragraph 9” substitute “Part 8”.

SCH-1.5

5. Network Rail (Nuneaton North Chord) Order 2010

(1) The Network Rail (Nuneaton North Chord) Order 201011is amended as follows.

(2) In Schedule 10 (protection for operators of electronic communications code networks)—

(a)

(a) in paragraph 1—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b)

(b) in paragraph 2, for “paragraph 9” substitute “Part 8”.

SCH-1.6

6. Network Rail (Ipswich Chord) Order 2012

(1) The Network Rail (Ipswich Chord) Order 201212is amended as follows.

(2) In Schedule 7 (protective provisions), in Part 2 (for the protection of operators of electronic communications code networks)—

(a)

(a) in paragraph 11(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b)

(b) in paragraph 12, for “paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

SCH-1.7

7. Network Rail (North Doncaster Chord) Order 2012

(1) The Network Rail (North Doncaster Chord) Order 201213is amended as follows.

(2) In Schedule 12 (protective provisions), in Part 2 (for the protection of operators of electronic communications code networks)—

(a)

(a) in paragraph 12—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”;

(b)

(b) in paragraph 13, for “paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

SCH-1.8

8. Network Rail (Redditch Branch Enhancement) Order 2013

(1) The Network Rail (Redditch Branch Enhancement) Order 201314is amended as follows.

(2) In article 2(1) (interpretation), in the definition of “electronic communications code” for “section 137(8)” substitute “section 106(1)”.

(3) In Schedule 10 (protective provisions), in Part 2 (protection for operators of electronic communications code networks)—

(a)

(a) in paragraph 11(2)—

(i) omit the definition of “conduit system”;

(ii) in paragraph (a) of the definition of “electronic communications code network”, for “conduit system” substitute “infrastructure system”;

(iii) in the appropriate place insert—

““infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;”

(b)

(b) in paragraph 12 for “paragraph 23 of Schedule 2 to the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act 2003”.

SCH-1.9

9. Network Rail (Norton Bridge Area Improvements) Order 2014

(1) The Network Rail (Norton Bridge Area Improvements) Order 201415is amended as follows.

(2) In Schedule 10 (protective provisions), in Part 2 (for the protection of operators...

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