(1)It is a defence for a person charged with an offence under section 85(1) in relation to any activity to prove that—
(a)for the purposes of paragraph 23 of the Electronic Communications Code (undertaker’s works), the person is the operator or a relevant undertaker, and
(b)the activity was carried out for the purpose of executing emergency works, within the meaning of that Code.
(2)In this section “the Electronic Communications Code” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12).