Regulated businessE+W+S
[F110(1)For the purposes of section 72D a business is regulated if it is carried on—
(a)[F2in 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 [F3, 7A or 7B] 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 [F4of Part 3 of the Postal Services Act 2011],
[F5(h)by a Post Office company within the meaning of Part 1 of that Act,]
(i)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.), F7. . .
(m)by the operator of a vehicle carried on flanged wheels along a system within paragraph (l)[F8 or
[F9(n)in reliance on a railway undertaking licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005]] [F10or a relevant European licence.]
(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.
[F11(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.]
[F12(3)In sub-paragraph (1)(n) “relevant European licence” has the meaning given by section 6(2) of the Railways Act 1993.]
F13(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Sch. 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))
F2Sch. 2A para. 10(1)(a) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1), Note 1 (with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)
F3Words in Sch. 2A para. 10(1)(b) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 29
F4Words in Sch. 2A para. 10(1)(g) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 91, 93(2)(3), Sch. 12 para. 126(a); S.I. 2011/2329, art. 3 (with arts. 4, 5)
F5Sch. 2A para. 10(1)(h) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 91, 93(2)(3), Sch. 12 para. 126(b); S.I. 2011/2329, art. 3 (with arts. 4, 5)
F6Sch. 2A para. 10(1)(i) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), ss. 91, 93(2)(3), Sch. 12 para. 126(c); S.I. 2011/2329, art. 3 (with arts. 4, 5)
F7Word in Sch. 2A para. 10(1)(l) omitted (28.11.2005) by virtue of The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), regs. 3, 4, 20, Sch. 1 para. 2(a) (with Sch. 4)
F8Sch. 2A para. 10(1)(n) and preceding word added (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), regs. 3, 4, 20, Sch. 1 para. 2(b) (with Sch. 4)
F9Sch. 2A para. 10(1)(n) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 21(a); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Sch. 2A para. 10(1)(n) inserted (31.1.2022 at 11.00 p.m.) by The Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021 (S.I. 2021/1105), regs. 1(3), 9(a)
F11Sch. 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)
F12Sch. 2A para. 10(3) inserted (31.1.2022 at 11.00 p.m.) by The Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021 (S.I. 2021/1105), regs. 1(3), 9(b)
F13Sch. 2A para. 10(2B) omitted (31.12.2020) by virtue of The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 21(b); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1Sch. 2A modified (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 41; 2020 c. 1, Sch. 5 para. 1(1)