EXPLANATORY NOTE
(This note is not part of the Regulations)
The electronic communications code in Schedule 2 to the Telecommunications Act 1984 (the “existing code”, for the purposes of these Regulations) was re-enacted in a revised code in Schedule 3A to the Communications Act 2003, as inserted by section 4 of the Digital Economy Act 2017 (the “new code” for the purposes of these Regulations). Schedule 2 to the Digital Economy Act 2017 makes transitional provision in relation to provisions of the revised code itself.
These Regulations make transitional provision in relation to sections 106 to 119 of the Communications Act 2003 which are concerned with the procedures by which OFCOM authorises persons to become “operators” (those persons who may exercise rights under the electronic communications code to install their apparatus on land), and by which OFCOM regulates those operators.
Regulation 3 make provision so that an operator to whom OFCOM has applied the existing code (in Schedule 2 to the 1984 Act) continues, after commencement of the new code, to have the rights of an operator in relation to the new code.
Regulation 4 makes provision so that procedures and other matters that applied in relation to OFCOM’s regulatory supervision of operators immediately before repeal of the existing code, continue to apply in relation to the new code.