The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 (“the principal Regulations”).

The electronic communications code (“the code”) is set out in Schedule 2 to the Telecommunications Act 1984 (c.12) as amended by Schedule 3 to the Communications Act 2003 (“the Act”). The code is designed to facilitate the installation and maintenance of electronic communications networks. It confers rights on providers of such networks, and on providers of systems of conduits which are made available for use by providers of electronic communications networks for the purposes of the provision of those networks, to install and maintain apparatus in, over and under land and results in considerably simplified planning procedures. Section 106(7) of the Act provides that “conduit” includes a tunnel, subway, tube or pipe. The principal Regulations set out restrictions and conditions subject to which the code applies.

Paragraph 1 of the Schedule to these Regulations amends regulation 2(2) of the principal Regulations by—

a)

adding a definition of “area of outstanding natural beauty”;

b)

replacing the previously defined term “English Nature” with “Natural England”

c)

capitalising the defined terms “National Park” and “National Park authority”

d)

inserting a new definition of “national scenic area”; and

e)

omitting the definition of “the New Forest”.

A print of “Scotland’s National Heritage” which defines a national scenic area is available for inspection at Scottish Natural Heritage, Silvan House, 231 Corstorphine Road, Edinburgh, EH9 2AS. This is in addition to the web version on the Scottish Natural Heritage website at http://www.snh.org.uk/publications/on-line/scotlandsscenicareas/.

Paragraph 2 of the Schedule to these Regulations amends regulation 5 of the principal Regulations by twice removing the word “calendar” from the term “calendar month”.

Paragraph 3 of the Schedule to these Regulations amends regulation 8 of the principal Regulations by amending, in accordance with the new definitions, the lists of areas with respect to which a code operator must give written notice when he intends to install electronic communications apparatus.

An impact assessment has been prepared for these Regulations and can be obtained from the Department for Business, Enterprise and Regulatory Reform website.