The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2013

1.  In regulation 2(2) (interpretation)—

(a) in the definition of “area of special scientific interest”–

(i) for “Great Britain” substitute “England and Wales”;

(ii) after “Wildlife and Countryside Act 1981” delete “or” and insert–

“in relation to Scotland has the meaning given in Section 3(6) of the Nature Conservation (Scotland) Act 2004(1) and”; and

(iii) for “article 24(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985” substitute “article 28(1) of the Environment (Northern Ireland) Order 2002(2)”;

(b) after the definition of “emergency organisation” insert–

““fixed-line broadband” means a service or connection (commonly referred to as being “always on”), via a fixed-line network, providing a bandwidth greater than narrowband;

“fixed-line broadband cabinet” means a cabinet located near a connection point in an electronic communications network that is used to house electronic communications apparatus to facilitate a fixed-line broadband connection to a customer’s premises for the provision of broadband services;

“fixed-line broadband pole” means a pole that is used to attach lines for the purpose of facilitating or delivering a fixed-line broadband service;”;

(c) in the definition of “marine nature reserve” after “Wildlife and Countryside Act 1981” insert–

“(including any marine nature reserve designated a marine conservation zone by operation of paragraph 2 of Schedule 2 to the Marine and Costal Access Act 2009(3))”;

(d) after the definition of “marine nature reserve” insert–

““narrowband” means a service or connection providing data speeds up to 128kbit/second;”;

(e) after the definition of “OFCOM” insert–

““overhead fixed-line broadband line” means a fixed-line broadband line other than an underground fixed-line broadband line;” and

(f) for the definition of “site of special scientific interest” substitute–

“(a) in England and Wales means an area in respect of which a notification has been given under section 28(1) of the Wildlife and Countryside Act 1981; and

(b) in Scotland has the meaning given in Section 3(6) of the Nature Conservation (Scotland) Act 2004;”.

(1)

Section 28 of the Wildlife and Countryside Act 1981 (c.69) was repealed as respects Scotland by the Nature Conservation (Scotland) Act 2004, Schedule 7, paragraph 4 (asp 6).

(2)

Article 24(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order was repealed by the Environment (Northern Ireland) Order 2002, Schedule 6, Part II (2002 No.3153 (N.I.7)).

(3)

Section 36(1) of the Wildlife and Countryside Act 1981 (marine nature reserves) was repealed by the Marine (Scotland) Act 2010 (asp 5), Schedule 4(2), paragraph 5(b) in relation to Scotland, and by the Marine and Coastal Access Act 2009 (c.23), Schedule 22, Part 3 in relation to England and Wales. The repeal has not yet been brought into force in relation to Wales.