- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
2. In these Regulations—
“the 2003 Act” means the Communications Act 2003(1);
“access point” means a physical point, located inside or outside a building and accessible to network providers, where connection is made available to in-building physical infrastructure intended to host elements or enable delivery of high-speed electronic communications networks;
“civil works” means building or civil engineering works which involve the construction, maintenance, repair or replacement of physical infrastructure, and for which—
a permit has been granted;
an application for a permit has been made; or
such an application is envisaged within the next six months,
but the term does not include works to which the roads coordination duty applies;
“electronic communications network” has the meaning given in section 32(1) of the 2003 Act(2);
“electronic communications service” has the meaning given in section 32(2) of the 2003 Act;
“end-user” has the meaning given in section 151(1) of the 2003 Act;
“the Framework Directive” means Directive 2002/21/EC(3) of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services, as amended from time to time;
“high-speed” means capable of delivering access to broadband services at speeds of at least 30 megabits per second;
“in-building physical infrastructure” means physical infrastructure or installations at the end-user’s location, including elements under joint ownership, intended to host wired or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the access point of the building with the network termination point;
“infrastructure operator” means—
a network provider;
an undertaking providing physical infrastructure intended to provide a service of production, transport, transmission or distribution of—
gas;
electricity, including public lighting;
heating; or
water, including disposal or treatment of waste water and sewage, and drainage systems; or
an undertaking providing physical infrastructure intended to provide transport services, including railways, roads, ports and airports;
“Minister of the Crown” has the meaning given in section 8(1) of the Ministers of the Crown Act 1975(4) and “appropriate Minister of the Crown” is to be construed in accordance with regulation 10(3);
“network provider” means an undertaking providing or authorised to provide a public electronic communications network (within the meaning of section 151(1) of the 2003 Act);
“network termination point” has the same meaning as in the Framework Directive;
“OFCOM” means the Office of Communications(5);
“permit” means an explicit or implicit decision of an authority granting permission to an undertaking to carry out building or civil engineering works, where an application has been made by the undertaking to the authority for such permission, and the carrying out of the works without that permission would be unlawful;
“physical infrastructure” means any network element which is intended to host other network elements and which is not itself active, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, buildings or entries to buildings, antenna installations, towers and poles. The term does not include cables (including strands of optical fibre) and elements of networks used for the provision of water intended for human consumption, as defined in point 1 of Article 2 of Council Directive 98/83/EC(6) on the quality of water intended for human consumption;
“rights holder” means any person who holds a right to use—
an access point; or
in-building physical infrastructure;
“roads coordination duty” means—
“Tribunal” means the Competition Appeal Tribunal;
“Tribunal rules” means rules made under section 15 of the Enterprise Act 2002(10).
Section 32 was amended by S.I. 2011/1210.
OJ L 108, 24.4.2002, p 33. Amended by Regulation (EC) No 717/2007 (OJ L 171, 29.6.2007, p 32), Regulation (EC) No 544/2009 (OJ L 167, 29.6.2009, p 12) and Directive 2009/140/EC (OJ L 337, 18.12.2009, p 37).
Established by the Office of Communications Act 2002 (c. 11).
OJ L 330, 5.12.1998, p 32. Amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p 1), Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p 14) and Directive 2015/1787 (OJ L 260, 7.10.2015, p 6).
1991 c. 22. Section 59 was amended by the Traffic Management Act 2004 (c. 18), section 42.
Section 118 was amended by the Transport (Scotland) Act 2005 (asp 12), section 23.
S.I. 1995/3210 (N.I. 19). Article 19 is prospectively amended by S.I. 2007/287 (N.I. 1).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: