SCHEDULES

F3C1SCHEDULE 2A EXCEPTIONS TO PROHIBITION ON APPOINTMENT OF ADMINISTRATIVE RECEIVER: SUPPLEMENTARY PROVISIONS

Annotations:
Amendments (Textual)
F3

Sch. 2A inserted (15.9.2003) by 2002 c. 40, s. 250(2), 279, Sch. 18 (with s. 249(6)); S.I. 2003/2093, art. 2(1), Sch. 1 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))

Modifications etc. (not altering text)

10Regulated business

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.

F22A

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.