Digital Economy Act 2010

16 Interpretation and consequential provision

(1) After section 124M of the Communications Act 2003 insert—

“124N Interpretation

In sections 124A to 124M and this section—

• “apparent infringement”, in relation to a copyright infringement report, means the infringement of copyright that the report states appears to have taken place;

• “copyright infringement list” has the meaning given in section 124B(2);

• “copyright infringement provisions” means sections 124A to 124M and this section;

• “copyright infringement report” has the meaning given in section 124A(3);

• “copyright owner” means—

  (a)

  a copyright owner within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (see section 173 of that Act); or

  (b)

  someone authorised by that person to act on the person’s behalf;

• “copyright work” has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988 (see section 1(2) of that Act);

• “initial obligations” has the meaning given in section 124C(1);

• “initial obligations code” has the meaning given in section 124A(2);

• “internet access service” means an electronic communications service that—

  (a)

  is provided to a subscriber;

  (b)

  consists entirely or mainly of the provision of access to the internet; and

  (c)

  includes the allocation of an IP address or IP addresses to the subscriber to enable that access;

• “internet service provider” means a person who provides an internet access service;

• “IP address” means an internet protocol address;

• “subscriber”, in relation to an internet access service, means a person who—

  (a)

  receives the service under an agreement between the person and the provider of the service; and

  (b)

  does not receive it as a communications provider;

• “subscriber appeal” means—

  (a)

  in relation to an initial obligations code, an appeal by a subscriber on grounds specified in the code in relation to—

  (i)

  the making of a copyright infringement report;

  (ii)

  notification under section 124A(4);

  (iii)

  the inclusion or proposed inclusion of an entry in a copyright infringement list; or

  (iv)

  any other act or omission in relation to an initial obligation or an initial obligations code;

  (b)

  in relation to a technical obligations code, an appeal by a subscriber on grounds specified in the code in relation to—

  (i)

  the proposed taking of a technical measure; or

  (ii)

  any other act or omission in relation to a technical obligation or a technical obligations code;

• “technical measure” has the meaning given in section 124G(3);

• “technical obligation” has the meaning given in section 124G(2);

• “technical obligations code” means a code in force under section 124I.”

(2) In section 135(3) of that Act (information required for purposes of Chapter 1 functions), after paragraph (i) insert—

“(ia) preparing a report under section 124F;

(ib) carrying out an assessment, taking steps or providing a report under section 124G;”.

(3) In Schedule 8 to that Act (decisions not subject to appeal to the Competition Appeal Tribunal), after paragraph 9 insert—

“9A A decision relating to any of sections 124A to 124N or to anything done under them.”