Communications Act 2003, Schedule 3A, paragraph 5

Electronic communications apparatus, lines and structures

SCHEDULE 3A The electronic communications code

5 (1) In this code “electronic communications apparatus” means—

(a) apparatus designed or adapted for use in connection with the provision of an electronic communications network,

(b) apparatus designed or adapted for a use which consists of or includes the sending or receiving of communications or other signals that are transmitted by means of an electronic communications network,

(c) lines, and

(d) other structures or things designed or adapted for use in connection with the provision of an electronic communications network.

(2) References to the installation of electronic communications apparatus are to be construed accordingly.

(3) In this code—

Definitions used in Schedule 3A, paragraph 5 4

apparatus

“apparatus” includes any equipment, machinery or device and any wire or cable and the casing or coating for any wire or cable;

Defined in s.405(1) · see it in the full Act
electronic communications network

(1) In this Act “electronic communications network” means—

(a)a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description; and

(b)such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals—

(i)apparatus comprised in the system;

(ii)apparatus used for the switching or routing of the signals; ...

(iii)software and stored data ; and

(iv)(except for the purposes of sections 125 to 127) other resources, including network elements which are not active.

Defined in s.32(1) · see it in the full Act

“electronic communications network” and “electronic communications service” have the meanings given by section 32;

Defined in s.405(1) · see it in the full Act
electronic communications apparatus

(16) In this paragraph “Access Directive”, “electronic communications apparatus”, “the provision of premium rate services”, “SMP condition”, “SMP apparatus condition” and “Universal Service Directive” each has the same meaning as in Chapter 1 of Part 2 of this Act .

Defined in Sch.18 para.9(16) · see it in the full Act
electronic communications service

“electronic communications network” and “electronic communications service” have the meanings given by section 32;

Defined in s.405(1) · see it in the full Act

Cases considering Schedule 3A, paragraph 5 6

New World Payphones Ltd v Westminster City Council & Anor

[2019] EWCA Civ 2250 · 18 December 2019Defines

The provision defined electronic communications apparatus, including apparatus and structures designed or adapted for use in connection with an electronic communications network (see para [15]). A building counted as a structure only if its sole purpose was to enclose other electronic communications apparatus. The kiosk’s additional advertising purpose therefore placed it outside the relevant definition and permitted-development class (see paras [16]; [50(v)]).

Vodafone Limited v Icon Tower Infrastructure Limited & Anor

[2025] UKUT 58 (LC) · 20 February 2025Defines

The Tribunal used the definition of electronic communications apparatus to distinguish passive infrastructure from active transmission equipment. That distinction informed its conclusion that attaching active apparatus to existing passive apparatus was not redevelopment of land (see paras [12]-[14]; [260]; [269]).

On Tower UK Limited v British Telecommunications PLC

[2024] UKUT 51 (LC) · 23 February 2024Interprets

The Tribunal accepted that the telephone exchange was a structure designed or adapted for use in connection with an electronic communications network. The remaining question was whether paragraph 5(3) treated the building itself as apparatus. (see paras [19]; [31]-[33]) A building is included as a structure only if its sole purpose is to enclose other electronic communications apparatus. The Tribunal construed purpose objectively and held that a building also used for office, storage and welfare facilities does not satisfy that requirement. (see paras [46]-[52])

What each judgment says about Schedule 3A, paragraph 5 is in the case-law panel in the full Act.