{
  "url": "https://openlegislation.uk/communications-act-2003/section-46",
  "json_url": "https://openlegislation.uk/communications-act-2003/section-46.json",
  "legislation": "ukpga/2003/21",
  "legislation_title": "Communications Act 2003",
  "legislation_url": "https://openlegislation.uk/communications-act-2003",
  "path": "section/46",
  "kind": "section",
  "number": "46",
  "heading": "Persons to whom conditions may apply",
  "text": "(1) A condition set under section 45 is not to be applied to a person except in accordance with the following provisions of this section.\n(2) A general condition may be applied generally—\n(a) to every person providing an electronic communications network or electronic communications service; or\n(b) to every person providing such a network or service of a particular description specified in the condition.\n(3) A universal service condition, access-related condition, privileged supplier condition or SMP condition may be applied to a particular person specified in the condition.\n(4) A privileged supplier condition may also be applied generally—\n(a) to every person to whom such a condition is required to apply under section 77; or\n(b) to every such person who is of a particular description specified in the condition.\n(5) The particular person to whom a universal service condition is applied—\n(a) except in the case of a condition relating to matters mentioned in subsection (3) of section 66, must be a communications provider designated in accordance with regulations under that section; and\n(b) in that excepted case, must be a communications provider so designated or a person who is not such a provider but who is so designated for the purposes only of conditions relating to those matters.\n(5A) A social tariff condition may be applied—\n(a) generally to every person providing a public electronic communications service;\n(b) generally to every person providing such a service of a particular description specified in the condition; or\n(c) to a particular person specified in the condition.\n(6) The particular person to whom an access-related condition is applied—\n(a) in the case of a condition falling within section 74(1), may be any person whatever;\n(aa) in the case of a condition falling within section 74(2A), must be—\n(i) a person providing a public electronic communications network; or\n(ii) the owner of a line or associated facility;\n(ab) in the case of a condition falling within section 74A, must be a person who provides an electronic communications network; and\n(b) in any other case, must be a person who provides an electronic communications network or makes associated facilities available.\n(7) The particular person to whom an SMP services condition is applied must—\n(a) be a communications provider or a person who makes associated facilities available; and\n(b) fall within subsection (8).\n(8) A person falls within this subsection if—\n(a) he is a person whom OFCOM have determined to be a person having significant market power in a specific market for electronic communications networks, electronic communications services or associated facilities (a “services market”); or\n(b) it appears to OFCOM that he is a person on whom it is necessary, for the purpose of securing compliance with an international obligation of the United Kingdom, to impose a condition containing provision that corresponds to provision which, in the case of a person falling within paragraph (a), must be made (or may be made) under any of sections 87 to 89A .\n(8A) A person whom OFCOM have previously determined to be a person having significant market power in a services market but whom OFCOM determine no longer to be a person having significant market power in that market is to be treated as continuing to fall within subsection (8) for so long as OFCOM consider necessary to ensure a sustainable transition for those benefitting from obligations imposed on that person as a result of the previous determination.\n(9) The particular person to whom an SMP apparatus condition is applied must be—\n(a) a person who supplies electronic communications apparatus; and\n(b) a person whom OFCOM have determined to be a person having significant market power in a specific market for electronic communications apparatus (an “apparatus market”).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 46(5A) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 11(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 46(6)(aa)(ab) substituted (21.12.2020) for word by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 11(3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in s. 46(8)(b) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 20 (with Sch. 3 para. 2)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "S. 46(8A) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 11(4)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 46 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 46 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/21/section/46",
    "retrieved_at": "2026-10-29T09:18:16.154105+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}