- Latest available (Revised)
- Point in Time (06/04/2021)
- Original (As enacted)
Version Superseded: 17/11/2021
Point in time view as at 06/04/2021. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Communications Act 2003, Section 402 is up to date with all changes known to be in force on or before 22 August 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Every power conferred by this Act on the Secretary of State to make orders or regulations, other than the powers conferred by Schedule 4, is a power exercisable by statutory instrument.
(2)A statutory instrument containing an order or regulations made in exercise of any such power, other than—
(a)an order under section 31 or 411 [F1 or regulations under section 368BC],
[F2(aa)[F3regulations under paragraph 95 of Schedule 3A which amend, repeal or modify the application of primary legislation,]]
[F3(aa)regulations within subsection (2A),]
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any order that is required, by any provision of this Act, to be laid before Parliament and approved in draft,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F5(2A)A statutory instrument containing (whether alone or with other provisions) [F6regulations under paragraph 95 of Schedule 3A which amend, repeal or modify the application of primary legislation,] [F6any of the following] may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament [F7—
(a)regulations under paragraph 27E(4) of Schedule 3A;
(b)regulations under paragraph 95 of Schedule 3A which amend, repeal or modify the application of primary legislation.]]
(3)Every power of the Secretary of State to make an order or regulations under this Act, other than an order under section 31 or 411 or an order made in exercise of a power conferred by Schedule 4, includes power—
(a)to make different provision for different cases (including different provision in respect of different areas);
(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
(c)to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.
[F8(4)In this section “primary legislation” means—
(a)an Act of Parliament,
(b)a Measure or Act of the National Assembly for Wales,
(c)an Act of the Scottish Parliament, or
(d)Northern Ireland legislation.]
Textual Amendments
F1Words in s. 402(2)(a) inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 93(8), 118(6); S.I. 2017/765, reg. 2(y)
F2S. 402(2)(aa) inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 47(2); S.I. 2017/765, reg. 2(jj)
F3S. 402(2)(aa) substituted (15.3.2021 for specified purposes) by Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7), s. 3(3)(b)(4), Sch. para. 3(a)
F4S. 402(2)(b) repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)
F5S. 402(2A) inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 47(3); S.I. 2017/765, reg. 2(jj)
F6Words in s. 402(2A) substituted (15.3.2021 for specified purposes) by Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7), s. 3(3)(b)(4), Sch. para. 3(b)(i)
F7S. 402(2A)(a)(b) inserted (15.3.2021 for specified purposes) by Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7), s. 3(3)(b)(4), Sch. para. 3(b)(ii)
F8S. 402(4) inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 47(4); S.I. 2017/765, reg. 2(jj)
Commencement Information
I1S. 402 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. 402 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)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: