Telecommunications Act 1984 (c. 12)

SCHEDULES

SCHEDULE 2 U.K. The Telecommunications Code

Modifications etc. (not altering text)

C1 Sch. 2 excluded by Broadcasting Act 1990 (c. 42, SIF 96), s. 189(1)

C2 Sch. 2: definition applied (E.W.)(1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(2).

C3 Sch. 2: definition applied (E.W.)(1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2).

C4 Sch. 2: modified by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi, SIF 200), s.10.

C5 Sch. 2 modified (12.11.1992) by Greater Manchester (Light Rapid Transit System) Act 1992 (c. xviii), s.10

C6 Sch. 2 applied (27.7.1993) by 1993 c. xii, s. 1, Sch. Pt. IV s. 28.

Sch. 2 modified (26.5.1994) by 1994 c. vi, s. 10

C7 Sch. 2 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), arts. 1, 2, Sch. Pt. I

Interpretation of code U.K.

1 (1) In this code, except in so far as the context otherwise requires— U.K.

• “agriculture” and “agricultural”—

  (a)

  in England and Wales, have the same meanings as in the M1 Highways Act 1980;

  (b)

  in Scotland, have the same meanings as in the M2 Town and Country Planning (Scotland) Act 1972; and

  (c)

  in Northern Ireland, have the same meanings as in the Agriculture Act (Northern Ireland) 1949;

• “alter”, “alteration” and “altered” shall be construed in accordance with sub-paragraph (2) below;

• “bridleway” and “footpath”—

  (a)

  in England and Wales, have the same meanings as in the Highways Act 1980;

  (b)

  in Scotland, have the same meanings as in Part III of the M3 Countryside (Scotland) Act 1967; and

  (c)

  in Northern Ireland, mean a way over which the public have, by virtue of the Access to the M4 Countryside (Northern Ireland) Order 1983, a right of way on horseback and on foot, respectively;

• [F1 “conduit” includes a tunnel, subway, tube or pipe;

• “conduit system” means a system of conduits provided so as to be available for use by providers of electronic communications networks for the purposes of the provision by them of their networks;]

• “the court” means, without prejudice to any right of appeal conferred by virtue of paragraph 25 below or otherwise—

  (a)

  in relation to England and Wales and Northern Ireland, the county court; and

  (b)

  in relation to Scotland, the sheriff;

• [F2 “electronic communications apparatus” means—

  (a)

  any apparatus (within the meaning of the Communications Act 2003) which is designed or adapted for use in connection with the provision of an electronic communications network;

  (b)

  any apparatus (within the meaning of that Act) that is designed or adapted for a use which consists of or includes the sending or receiving of communications or other signals that are transmitted by means of an electronic communications network;

  (c)

  any line;

  (d)

  any conduit, structure, pole or other thing in, on, by or from which any electronic communications apparatus is or may be installed, supported, carried or suspended;

  and references to the installation of electronic communications apparatus are to be construed accordingly;

• “electronic communications network” has the same meaning as in the Communications Act 2003, and references to the provision of such a network are to be construed in accordance with the provisions of that Act;

• “electronic communications service” has the same meaning as in the Communications Act 2003, and references to the provision of such a service are to be construed in accordance with the provisions of that Act;]

• “emergency works”, in relation to the operator or a relevant undertaker for the purposes of paragraph 23 below, means works the execution of which at the time it is proposed to execute them is requisite in order to put an end to, or prevent, the arising of circumstances then existing or imminent which are likely to cause—

  (a)

  danger to persons or property,

  (b)

  the interruption of any service provided by [F3 the operator’s network] or, as the case may be, interference with the exercise of any functions conferred or imposed on the undertaker by or under any enactment; or

  (c)

  substantial loss to the operator or, as the case may be, the undertaker,

  and such other works as in all the circumstances it is reasonable to execute with those works;

• [F4 “line” means any wire, cable, tube, pipe or similar thing (including its casing or coating) which is designed or adapted for use in connection with the provision of any electronic communications network or electronic communications service;]

• [F5 “maintainable highway”—

  (a)

  [F6 in England and Wales, means a maintainable highway within the meaning of Part III of the New Roads and Street Works Act 1991] other than one which is a footpath [F7 , bridleway or restricted byway] that crosses, and forms part of, any agricultural land or any land which is being brought into use for agriculture; and

  (b)

  in Northern Ireland, means a [F8 road within the meaning of the Roads (Northern Ireland) Order 1993;]]

• [F9 “the operator” means—

  (a)

  where the code is applied in any person’s case by a direction under section 106 of the Communications Act 2003, that person; and

  (b)

  where it applies by virtue of section 106(3)(b) of that Act, the Secretary of State or (as the case may be) the Northern Ireland department in question;

• “the operator’s network” means—

  (a)

  in relation to an operator falling within paragraph (a) of the definition of “operator”, so much of any electronic communications network or conduit system provided by that operator as is not excluded from the application of the code under section 106(5) of the Communications Act 2003; and

  (b)

  in relation to an operator falling within paragraph (b) of that definition, the electronic communications network which the Secretary of State or the Northern Ireland department is providing or proposing to provide;]

• [F10 “public road” means a public road within the meaning of [F11 Part IV of the New Roads and Street Works Act 1991] other than one which is a footpath or a bridleway that crosses, and forms part of, any agricultural land or any land which is being brought into use for agriculture;]

• “railway” includes a light railway;

• [F10 “road” has [F12 the same meaning as in Part IV of the New Roads and Street Works Act 1991];]

• [F13 “restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;]

• “the statutory purposes” means the purposes of [F14 the provision of the operator’s network];

• [F5 “street” has [F15 the same meaning as in Part III of the New Roads and Street Works Act 1991][F16 or, in Northern Ireland, the Street Works (Northern Ireland) Order 1995;]]

• [F17 “signal” has the same meaning as in section 32 of the Communications Act 2003;]

• “structure” does not include a building;

• [F18 “telecommunication apparatus” includes any apparatus falling within the definition in section 4(3) of this Act and any apparatus not so falling which is designed or adapted for use in connection with the running of a telecommunication system and, in particular—

  (a)

  any line, that is to say, any wire, cable, tube, pipe or other similar thing (including its casing or coating) which is so designed or adapted; and

  (b)

  any structure, pole or other thing in, on, by or from which any telecommunication apparatus is or may be installed, supported, carried or suspended;

  and references to the installation of telecommunication apparatus shall be construed accordingly.]

(2) In this code, references to the alteration of any apparatus include references to the moving, removal or replacement of the apparatus.

(3) In relation to any land which, otherwise than in connection with a [F19 street][F19 road] on that land, is divided horizontally into different parcels, the references in this code to a place over or under the land shall have effect in relation to each parcel as not including references to any place in a different parcel.

[F20 (3A) References in this code to the provision of a conduit system include references to establishing or maintaining such a system.]

F21 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 F23 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 para. 1(1): definitions of "conduit" and "conduit system" inserted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 2(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F2 Sch. 2 para. 1(1): definitions of "electronic communications apparatus", "electronic communications network" and "electronic communications service" inserted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 2(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F3 Sch. 2 para. 1(1): words in definition of "emergency works" substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 3(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F4 Sch. 2 para. 1(1): definition of "line" substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 2(3) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F5 Definitions of "maintainable highway" and "street" repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 9 para. 92(4)(a) (i), Sch. 11

F6 Words in Sch. 2 para. 1(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 113(2)(a); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

F7 Words in Sch. 2 para. 1(1) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

F8 Words in Sch. 2 para. 1(1) substituted (3.6.1996) by S.I. 1996/3210 (N.I. 19), art. 6(1), Sch. 3 para. 9(a)(i); S.R. 1996/223, art. 2, Sch.

F9 Sch. 2 para. 1(1): definitions of "the operator" and "the operator's network" substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) for definitions of "the operator" and "the operator's system" by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 3(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F10 Definitions inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 9 para. 92(4)(a)(ii)

F11 Words in Sch. 2 para. 1(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 113(2)(b); S.I. 1992/2990, art. 2(2), Sch. 2.

F12 Words in Sch. 2 para. 1(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 113(2)(c); S.I. 1992/2990, art. 2(2), Sch. 2.

F13 Sch. 1 para. 1(1): definition of "restricted byway" inserted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

F14 Sch. 2 para. 1(1): words in definition of "the statutory purposes" substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 3(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F15 Words in Sch. 2 para. 1(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1), Sch. 8 Pt. IV para. 113(2)(d); S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

F16 Words in Sch. 2 para. 1(1) added (3.6.1996) by S.I. 1996/3210 (N.I. 19), art. 60(1), Sch. 3 para. 9(a)(ii); S.R. 1996/223, art. 2, Sch.

F17 Sch. 2 para. 1(1): definition of "signal" inserted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 2(4) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F18 Sch. 2 para. 1(1): definition of "telecommunications apparatus" 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)} (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F19 Word substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 92(4)(b)

F20 Sch. 2 para. 1(3A) inserted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 4 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F21 Sch. 2 para. 1(4) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, SIF 108), s. 168(1)(2), Sch. 8 Pt. IV para. 113(3), Sch. 9; S.I. 1992/2984, art. 2(2), Sch. 2; S.I. 1992/2990, art. 2(2), Sch. 2

F22 Sch. 2 para. 1(5) repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 9 para. 92(4)(d)

F23 Sch. 2 para. 1(5) repealed (3.6.1996) by S.I. 1995/3210 (N.I. 19), art. 60(2), Sch. 4; S.R. 1996/223, art. 2, Sch.

Modifications etc. (not altering text)

C8 Sch. 2 para. 1(2) applied (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 95, 335, Sch. 8 para. 11(4)

Sch. 2 para. 1(2) applied (E.W.S.) by Airports Act 1986 (c. 31, SIF 9), s. 62(6)

Sch. 2 para. 1(2) applied (27.5.1997) by 1997 c. 8, ss. 212(7), 278(2)

Sch. 2 para. 1(2) applied (N.I.) (21.8.1991) by S.I. 1991/1220, arts. 1, 104(3)

Sch. 2 para. 1(2) applied (24.4.1994) by S.I. 1994/426 (N.I. 1), art. 12(5)

Marginal Citations

M1 1980 c. 66.

M2 1972 c. 52.

M3 1967 c. 86.

M4 S.I. 1983/1895 (N.I. 18).