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Communications Act 2003

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Changes over time for: Section 106

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Version Superseded: 31/07/2017

Status:

Point in time view as at 01/04/2007. This version of this provision has been superseded. Help about Status

Changes to legislation:

Communications Act 2003, Section 106 is up to date with all changes known to be in force on or before 24 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

106Application of the electronic communications codeU.K.
This section has no associated Explanatory Notes

(1)In this Chapter “the electronic communications code” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12).

(2)Schedule 3 (which amends Schedule 2 to the Telecommunications Act 1984 (c. 12) for the purpose of translating the telecommunications code into a code applicable in the context of the new regulatory regime established by this Act) shall have effect.

(3)The electronic communications code shall have effect—

(a)in the case of a person to whom it is applied by a direction given by OFCOM; and

(b)in the case of the Secretary of State or any Northern Ireland department where the Secretary of State or that department is providing or proposing to provide an electronic communications network.

(4)The only purposes for which the electronic communications code may be applied in a person’s case by a direction under this section are—

(a)the purposes of the provision by him of an electronic communications network; or

(b)the purposes of the provision by him of a system of conduits which he is making available, or proposing to make available, for use by providers of electronic communications networks for the purposes of the provision by them of their networks.

(5)A direction applying the electronic communications code in any person’s case may provide for that code to have effect in his case—

(a)in relation only to such places or localities as may be specified or described in the direction;

(b)for the purposes only of the provision of such electronic communications network, or part of an electronic communications network, as may be so specified or described; or

(c)for the purposes only of the provision of such conduit system, or part of a conduit system, as may be so specified or described.

(6)The Secretary of State may by order provide for the electronic communications code to have effect for all purposes with a different amount substituted for the amount for the time being specified in paragraph 16(3) of the code (minimum compensation).

(7)In this section “conduit” includes a tunnel, subway, tube or pipe.

Commencement Information

I1S. 106 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

I2S. 106 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)

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