Housing and Regeneration Act 2008

Electronic communications E+W

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 [F1 the Secretary of State for Culture, Media and Sport].

Textual Amendments

F1 Words in Sch. 4 para. 8(4)(b) substituted (14.11.2012) by The Transfer of Functions (Secretary of State for Culture, Media and Sport) Order 2012 (S.I. 2012/2590), art. 1(2), Sch. para. 3(a) (with art. 6)

Modifications etc. (not altering text)

C1 Sch. 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

I1 Sch. 4 para. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)