Interpretation2
1
In any Act or instrument amended by this Order—
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Act;
“electronic communications code network” means—
- a
so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Act; and
- b
an electronic communications network which the Secretary of State or a Northern Ireland department is providing or proposing to provide;
- a
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the Act;
“electronic communications network” and “electronic communications service” each has the same meaning as in the Act;
“former PTO” means a person—
- a
who is a provider of a public electronic communications network or a public electronic communications service which, immediately before the date on which the repeal by the Act of section 7 of the Telecommunications Act 19842 comes into force, was designated as a public telecommunication system under section 9 of that Act; and
- b
who, immediately before that date, was authorised to provide that network or service by a licence to which section 8 of that Act applied;
- a
“operator”, in relation to an electronic communications code network, means—
- a
the electronic communications code operator providing that network; or
- b
the Secretary of State or a Northern Ireland department, to the extent that they are providing or proposing to provide that network;
- a
“provide” and cognate expressions, in relation to an electronic communications network, an electronic communications service or associated facilities, are to be construed in accordance with section 32(4) of the Act;
“public electronic communications network” and “public electronic communications service” each has the same meaning as in Chapter 1 of Part 2 of the Act.
2
In this article—
a
“the Act” means the Communications Act 2003;
b
“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system shall be construed in accordance with paragraph 1(3A) of that code;
c
“electronic communications code”, “electronic communications code network”, “electronic communications code operator”, “public electronic communications network” and “public electronic communications service” each has the meaning given in paragraph (1).