The Electronic Communications and Wireless Telegraphy Regulations 2011

Citation, commencement and extent U.K.

1.—(1) These Regulations may be cited as the Electronic Communications and Wireless Telegraphy Regulations 2011.

(2) These Regulations come into force on 26th May 2011.

(3) Subject to paragraphs (4) and (5), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(4) Paragraphs 2 and 101 of Schedule 1 extend to England and Wales only.

(5) Paragraph 102 of that Schedule extends to Scotland only.

Implementation of Directives 2009/136/EC and 2009/140/EC U.K.

2.—(1) Schedule 1 (which contains provision amending the Communications Act 2003 M1 and other enactments for the purpose of implementing Directive 2009/136/EC of the European Parliament and of the Council M2 and Directive 2009/140/EC of the European Parliament and of the Council M3 ) has effect.

(2) Schedule 2 (which contains provision amending the Wireless Telegraphy Act 2006 M4 for the purpose of implementing Directive 2009/140/EC) has effect.

Marginal Citations

M1 2003 c. 21

M2 OJ No L 337, 25/11/2009, p11

M3 OJ No L 337, 25/11/2009, p37

M4 2006 c. 36

6 month period for deciding application to install facilities U.K.

3.—(1) This regulation applies where—

(a) a person authorised to provide public electronic communications networks applies to a competent authority for the granting of rights to install facilities on, over or under public or private property for the purposes of such a network,

(b) a person authorised to provide electronic communications networks other than to the public applies to a competent authority for the granting of rights to install facilities on, over or under public property for the purposes of such a network, or

(c) a person applies to OFCOM for a direction applying the electronic communications code in the person's case.

(2) Except in cases of expropriation, the competent authority must make its decision within 6 months of receiving the completed application.

(3) In this regulation “public electronic communications network”, “electronic communications network” and “OFCOM” have the same meanings as in Chapter 1 of Part 2 of the Communications Act 2003 M5 .

Modifications etc. (not altering text)

C1 Reg. 3 applied by 2003 c. 21, Sch. 3A para. 97 (as inserted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/1286, reg. 2(b))

Marginal Citations

M5 2003 c. 21

Transitional provisions U.K.

4.  Schedule 3 (which contains transitional and saving provisions) has effect.

Review of implementation U.K.

F1 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 5 omitted (21.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 2 para. 2

Ed Vaizey

Parliamentary Under Secretary of State

Department for Culture, Media and Sport