The operator
SCHEDULE 3A The electronic communications code
2 In this code “operator” means—
(a) where this code is applied in any person's case by a direction under section 106, that person, and
(b) where this code applies by virtue of section 106(3)(b), the Secretary of State or (as the case may be) the Northern Ireland department in question.
The judgment applies the Code’s definition of operator and holds that no additional site-specific status test can be read into paragraph 33. (see paras [106], [122], [129])
The court used paragraph 2 to describe the purposes for which a person may be designated as an operator under the Code. (see para [8])
Defines operator for Code purposes. The judgment records that Vodafone falls within that definition.
What each judgment says about Schedule 3A, paragraph 2 is in the case-law panel in the full Act.