Citation, commencement and extent_I1

1.—(1) These Regulations may be cited as the Electronic Communications Code (Jurisdiction) Regulations 2017 and come into force on the day that section 4 of, and Schedule 1 to, the Digital Economy Act 2017 come fully into force.

(2) These Regulations extend to England and Wales and to Scotland.

Interpretation_I2

2.—(1) In these Regulations—

“the code” means the electronic communications code set out in Schedule 3A to the Communications Act 2003 ;

[^F1 “ Part 4A proceedings ” means proceedings under Part 4A of the code; ^F1]

“relevant proceedings” means proceedings under any of the following provisions of the code—

Conferral of jurisdiction on tribunals_I3

^F33.[^F2—(1)^F2] Subject to ... regulation 4, the functions conferred by the code on the court(3) are also exercisable by the following tribunals—

[^F4 (aa)in relation to England and Wales, the First-tier Tribunal and the Upper Tribunal, and^F4]

(c)in relation to Scotland, the Lands Tribunal for Scotland,

^F5...

^F6[^F7 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any provision of the code which confers a function on the court is, to the extent that the function is exercisable by a tribunal under this regulation, to be read as if the reference to the court included reference to that tribunal.^F7]

Restriction on jurisdiction for commencement of [^F8certain^F8] proceedings_I4

4.[^F9—(1)^F9] Relevant proceedings must be commenced—

^F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to Scotland, [^F11in^F11] the Lands Tribunal for Scotland.

[^F12 (2) Part 4A proceedings must be commenced—

(a)in relation to England and Wales, in the First-tier Tribunal, or

(b)in relation to Scotland, in the sheriff court.^F12]

Transfer of relevant proceedings to the court_I5

5.—(1) A tribunal referred to in regulation 3 may transfer relevant proceedings to—

(a)in relation to England or Wales, the county court, or

(b)in relation to Scotland the sheriff court,

if that tribunal considers the court to be a more appropriate forum for the determination of those proceedings.

(2) A tribunal may transfer proceedings in accordance with paragraph (1) of its own motion or on the application of a party to those proceedings.