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Statutory Instruments

2009 No. 584

Electronic Communications

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

Made

10th March 2009

Laid before Parliament

11th March 2009

Coming into force

6th April 2009

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 109(1) and (3) and 402(3)(a), (b) and (c) of the Communications Act 2003( 1 ) (“the Act”).

In accordance with section 109(4) of the Act the Secretary of State has consulted OFCOM and such other persons as he considers appropriate.

Citation and commencement

1. These Regulations may be cited as the Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2009 and shall come into force on 6th April 2009.

Amendments

2.The Electronic Communications Code (Conditions and Restrictions) Regulations 2003( 2 ) are amended as set out in the Schedule.

Stephen Carter

Minister for Communications, Technology and Broardcasting

Department for Business, Enterprise and Regulatory Reform

10th March 2009

Regulation 2

SCHEDULE

1. In regulation 2(2) (Interpretation)—

(a) after the definition of “appropriate authority” insert—

“area of outstanding natural beauty” means an area designated under section 82 of the Countryside and Rights of Way Act 2000 ( 3 );

(b) omit the definition of “English Nature”;

(c) for “national park” substitute “National Park”;

(d) for the definition of “national scenic area” substitute—

“national scenic area” means an area defined as a national scenic area in Part II of “Scotland’s Scenic Heritage” published by the Countryside Commission for Scotland on 26th April 1978 ( 4 );

(e) after the definition of “national scenic area” insert—

“Natural England” means the body known as Natural England and established by section 1 of the Natural Environment and Rural Communities Act 2006 ( 5 );

(f) omit the definition of “the New Forest”; and

(g) in sub-paragraph (c) of the definition of “planning authority”, for “a national park authority” substitute “a National Park authority”.

2. In regulation 5 (Installation of electronic communications apparatus)

(a) in paragraph (1) omit the word “calendar”; and

(b) in paragraph (3) omit the word “calendar”.

3. In regulation 8(1) (Protected areas)

(a) for sub-paragraph (a) substitute—

(a) a National Park, the Broads, a limestone pavement area or an area of outstanding natural beauty he must give written notice to the planning authority ; and

(b) in paragraph (b)(i) for “English Nature” substitute “Natural England”.

( 1 )

2003 c.21 .

( 3 )

2000 c.37 .

( 4 )

Available from the Scottish Natural Heritage website at http://www.snh.org.uk/publications/on-line/scotlandsscenicareas/ .

( 5 )

2006 c.16 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2009 (2009/584)

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