SCHEDULES

SCHEDULE 3Electronic communications code: consequential amendments

PART 1General provision

Interpretation

1In this Part—

• “the commencement date” means the day on which Schedule 3A to the Communications Act 2003 comes into force;

• “enactment” includes—

  (a)

  an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978,

  (b)

  an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

  (c)

  an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and

  (d)

  an enactment comprised in, or in an instrument made under, Northern Ireland legislation;

• “the existing code” means Schedule 2 to the Telecommunications Act 1984;

• “the new code” means Schedule 3A to the Communications Act 2003.

References to the code or provisions of the code

2(1)In any enactment passed or made before the commencement date, unless the context requires otherwise—

(a)a reference to the existing code is to be read as a reference to the new code;

(b)a reference to a provision of the existing code listed in column 1 of the table is to be read as a reference to the provision of the new code in the corresponding entry in column 2.

(2)This paragraph does not affect the amendments made by Part 2 of this Schedule or the power to make amendments by regulations under section 6.

(3)This paragraph does not affect section 17(2) of the Interpretation Act 1978 (effect of repeal and re-enactment) in relation to any reference to a provision of the existing code not listed in the table.

References to a conduit system

3In any enactment passed or made before the commencement date, unless the context requires otherwise—

(a)a reference to a conduit system, where it is defined by reference to the existing code, is to be read as a reference to an infrastructure system as defined by paragraph 7(1) of the new code, and

(b)a reference to provision of such a system is to be read in accordance with paragraph 7(2) of the new code (reference to provision includes establishing or maintaining).