# Communications Act 2003, Section 46: Persons to whom conditions may apply

Extent: E+W+S+N.I.

(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.
(2) A general condition may be applied generally—
(a) to every person providing an electronic communications network or electronic communications service; or
(b) to every person providing such a network or service of a particular description specified in the condition.
(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.
(4) A privileged supplier condition may also be applied generally—
(a) to every person to whom such a condition is required to apply under section 77; or
(b) to every such person who is of a particular description specified in the condition.
(5) The particular person to whom a universal service condition is applied—
(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
(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.
(5A) A social tariff condition may be applied—
(a) generally to every person providing a public electronic communications service;
(b) generally to every person providing such a service of a particular description specified in the condition; or
(c) to a particular person specified in the condition.
(6) The particular person to whom an access-related condition is applied—
(a) in the case of a condition falling within section 74(1), may be any person whatever;
(aa) in the case of a condition falling within section 74(2A), must be—
(i) a person providing a public electronic communications network; or
(ii) the owner of a line or associated facility;
(ab) in the case of a condition falling within section 74A, must be a person who provides an electronic communications network; and
(b) in any other case, must be a person who provides an electronic communications network or makes associated facilities available.
(7) The particular person to whom an SMP services condition is applied must—
(a) be a communications provider or a person who makes associated facilities available; and
(b) fall within subsection (8).
(8) A person falls within this subsection if—
(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
(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 .
(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.
(9) The particular person to whom an SMP apparatus condition is applied must be—
(a) a person who supplies electronic communications apparatus; and
(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”).

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Source: https://www.legislation.gov.uk/ukpga/2003/21/section/46 (the official version)
Page: https://openlegislation.uk/communications-act-2003/section-46
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.