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.