Schedules
Schedule 9Licensing: transitional provision relating to Part 4
Part 4Miscellaneous
Electronic Communications Code: Scotland
I112
1
In this paragraph—
a
“the Code” means the Electronic Communications Code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12);
b
“communications approval” means an approval under paragraph 11 of the Code;
c
“Scottish transitional date” means the date on which the repeals made in paragraph 11 of the Code by this Act take effect in relation to Scotland.
2
Sub-paragraphs (3) to (5) apply to any communications approval (a “qualifying Scottish approval”)—
a
which is in effect immediately before the Scottish transitional date, and
b
which relates to any works, falling within sub-paragraph (3) or (4) of paragraph 11 of the Code, the execution of which on or after that date needs a licence under section 5 or 6 of FEPA.
3
A qualifying Scottish approval has effect on and after the Scottish transitional date as if it were a licence granted under section 5 or 6 (as the case may be) of FEPA by the licensing authority in relation to the activity (a “deemed FEPA licence”).
4
If the qualifying Scottish approval was given for a specified period, the deemed FEPA licence is to remain in force (subject to the provisions of FEPA) for so much of that period as falls after the Scottish transitional date.
5
If, by virtue of paragraph 11(5) of the Code, the qualifying Scottish approval was given subject to a condition, the deemed FEPA licence has effect as if the condition were a condition attached to the deemed FEPA licence.
6
Any application for a communications approval—
a
which was submitted before the transitional date, and
b
which relates to an activity which, on or after that date, needs a licence under section 5 or 6 of FEPA,
has effect on and after that date as if it were an application for a licence under the section in question made to the licensing authority in relation to that activity.