{
  "url": "https://openlegislation.uk/draft-telecommunications-restriction-orders-custodial-institutions-england-and-wales-regulations-2016/regulation-2",
  "json_url": "https://openlegislation.uk/draft-telecommunications-restriction-orders-custodial-institutions-england-and-wales-regulations-2016/regulation-2.json",
  "legislation": "ukdsi/2016/9780111147030",
  "legislation_title": "The Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regulations 2016",
  "legislation_url": "https://openlegislation.uk/draft-telecommunications-restriction-orders-custodial-institutions-england-and-wales-regulations-2016",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In these Regulations—\n“affected person” has the meaning given by paragraphs (2) to (4);\n“authorisation” has the same meaning as in section 40D of the Prison Act 1952;\n“working day” means a day other than—\n(a) Saturday or Sunday,\n(b) Christmas Day or Good Friday, or\n(c) a day that is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.\n(2) In relation to an application for a telecommunications restriction order, “affected person”—\n(a) means a person who would be likely to be affected by the order (if made), and\n(b) includes a person who claims to have an authorisation to possess a communication device to which the application relates.\n(3) In relation to telecommunications restriction order that has been made, “affected person”—\n(a) means a person who has been or is likely to be affected by the order, and\n(b) includes a person who claims to have an authorisation to possess a communication device to which the order relates.\n(4) But, subject to paragraphs (2)(b) and (3)(b), “affected person” does not include an individual detained in a custodial institution.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1952 c.52. Section 40D was inserted by section 23 of the Offender Management Act 2007 (c.21) and amended by section 45 of the Crime and Security Act 2010 (c.17)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1971 c.80."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "“Telecommunications restriction order” has the same meaning as in section 80 of the Serious Crime Act (c.9), that is: an order requiring a communications provider to take whatever action the order specifies for the purpose of preventing or restricting the use of communication devices by persons detained in custodial institutions. “Communications provider” is defined in that section as a person providing a service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by that person). “Telecommunication system” is defined in that section as any system (including the apparatus comprised in it) that exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "“Communication device” has the same meaning as in section 80 of the Serious Crime Act (c.9), that is: an item specified in section 1(3) of the Prisons (Interference with Wireless Telegraphy) Act 2012 (c.20) (mobile telephones etc)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "“Custodial institution” has the same meaning as in section 80 of the Serious Crime Act (c.9), that is (so far as relevant to England and Wales): a prison, young offender institution, secure training centre or secure college."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2016/9780111147030/regulation/2",
    "retrieved_at": "2026-10-30T15:08:12.107991+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "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."
}