SCHEDULES

SCHEDULE 9 E+WPROTECTIVE PROVISIONS

PART 2 E+WFOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

12.—(1) For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator. E+W

(2) In this Part—

“the 2003 Act” means the Communications Act 2003 M1 ;

“electronic communications apparatus” has the same meaning as set out in paragraph 5 of the electronic communications code;

“the electronic communications code” has the same meaning as set out in section 106 (application of the electronic communications code) of the 2003 Act M2 ;

“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;

“network” means—

(a)

so much of a network or infrastructure system provided by an operator as is not excluded from the application of the electronic communications code by a direction under section 106(5) of the 2003 Act; and

(b)

a network which the Secretary of State is providing or proposing to provide; and

“operator” means a person in whose case the electronic communications code is applied by a direction under section 106(5) of the 2003 Act and who is an operator of a network.

Commencement Information

I1 Sch. 9 para. 12 in force at 1.9.2020, see art. 1

Marginal Citations

M1 2003 c.21 as amended by the Digital Economy Act 2017 (c.30).

M2 Added by Schedule 1 of the Digital Economy Act 2017 (c.30).