Article 2 Interpretation

In any Act or instrument amended by this Order—

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Act;

• “electronic communications code network” means—

  1. (a)

     so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Act; and

  2. (b)

     an electronic communications network which the Secretary of State or a Northern Ireland department is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the Act;

• “electronic communications network” and “electronic communications service” each has the same meaning as in the Act;

• “former PTO” means a person—

  1. (a)

     who is a provider of a public electronic communications network or a public electronic communications service which, immediately before the date on which the repeal by the Act of section 7 of the Telecommunications Act 1984^f1 comes into force, was designated as a public telecommunication system under section 9 of that Act; and

  2. (b)

     who, immediately before that date, was authorised to provide that network or service by a licence to which section 8 of that Act applied;

• “operator”, in relation to an electronic communications code network, means—

  1. (a)

     the electronic communications code operator providing that network; or

  2. (b)

     the Secretary of State or a Northern Ireland department, to the extent that they are providing or proposing to provide that network;

• “provide” and cognate expressions, in relation to an electronic communications network, an electronic communications service or associated facilities, are to be construed in accordance with section 32(4) of the Act;

• “public electronic communications network” and “public electronic communications service” each has the same meaning as in Chapter 1 of Part 2 of the Act.

In this article—