Regulated businessE+W+S
10(1)For the purposes of section 72D a business is regulated if it is carried on—
(a)[F1in reliance on a licence granted to a person under section 7 of the Telecommunications Act 1984 (c. 12) (telecommunications service),]
(b)in reliance on a licence under section 7 or 7A of the Gas Act 1986 (c. 44) (transport and supply of gas),
(c)in reliance on a licence granted by virtue of section 41C of that Act (power to prescribe additional licensable activity),
(d)in reliance on a licence under section 6 of the Electricity Act 1989 (c. 29) (supply of electricity),
(e)by a water undertaker,
(f)by a sewerage undertaker,
(g)by a universal service provider within the meaning given by section 4(3) and (4) of the Postal Services Act 2000 (c. 26),
(h)by the Post Office company within the meaning given by section 62 of that Act (transfer of property),
(i)by a relevant subsidiary of the Post Office Company within the meaning given by section 63 of that Act (government holding),
(j)in reliance on a licence under section 8 of the Railways Act 1993 (c. 43) (railway services),
(k)in reliance on a licence exemption under section 7 of that Act (subject to sub-paragraph (2) below),
(l)by the operator of a system of transport which is deemed to be a railway for a purpose of Part I of that Act by virtue of section 81(2) of that Act (tramways, &c.), or
(m)by the operator of a vehicle carried on flanged wheels along a system within paragraph (l).
(2)Sub-paragraph (1)(k) does not apply to the operator of a railway asset on a railway unless on some part of the railway there is a permitted line speed exceeding 40 kilometres per hour.
[F2(2A)For the purposes of section 72D a business is also regulated to the extent that it consists in the provision of a public electronic communications network or a publicelectronic communications service.]
Textual Amendments
F1Sch. 2A para. 10(1)(a) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1), Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1) (with art. 3(2) (as amended (8.12.2003) by 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)
F2Sch. 2A para. 10(2A) inserted (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. 82(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1) (with art. 3(2) (as amended (8.12.2003) by 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)