8(1)The reference in paragraph 1(1)(a) to a protected right vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking includes a reference to a protected right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network.E+W
(2)The reference in paragraph 1(1)(b) to apparatus vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking includes a reference to electronic communications apparatus kept installed for the purposes of any such network.
(3)Sub-paragraphs (1) and (2) do not apply where paragraphs 12 and 13 of Part 2 of Schedule 3 apply (orders under paragraph 3 of that Schedule which relate to electronic communications apparatus).
(4)Where paragraph 1 has effect as mentioned in sub-paragraphs (1) and (2) above—
(a)any reference in this Part of this Schedule to statutory undertakers has effect as a reference to the operator of the electronic communications code network, and
(b)any reference in this Part of this Schedule to the appropriate Minister has effect as a reference to [F1the Secretary of State for Science, Innovation and Technology].
Textual Amendments
F1Words in Sch. 4 para. 8(4)(b) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 15(a) (with art. 17)
Modifications etc. (not altering text)
C1Sch. 4 para. 15(2)(b) transfer of functions (13.4.2011) by Transfer of Functions (Media and Telecommunications etc.) Order 2011 (S.I. 2011/741), arts. 1(2), 3, Sch. 1 (with art. 5)
Commencement Information
I1Sch. 4 para. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)