OpenLegislation

The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

S.I. 2019/246 · Made 12 February 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Electronic Communications

Made 12th February 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Marginal citations

M1

2018 c.16.

Contents

  1. 1Citation and commencement
  2. 2Amendments of primary legislation
  3. 3Amendments of subordinate legislation
  4. 4Amendments of retained direct EU legislation
  5. 5Power to alter standards relating to eCall service
  6. Signature
  7. Schedule 1: Amendments of primary legislation
  8. Part 1: Amendments of Communications Act 2003
  9. 1Paragraph 1
  10. 2Paragraph 2
  11. 3Paragraph 3
  12. 4Paragraph 4
  13. 5Paragraph 5 Not yet in force
  14. 6Paragraph 6
  15. 7Paragraph 7
  16. 8Paragraph 8
  17. 9Paragraph 9
  18. 10Paragraph 10
  19. 11Paragraph 11
  20. 12Paragraph 12
  21. 13Paragraph 13
  22. 14Paragraph 14
  23. 15Paragraph 15
  24. 16Paragraph 16
  25. 17Paragraph 17
  26. 18Paragraph 18
  27. 19Paragraph 19
  28. 20Paragraph 20
  29. 21Paragraph 21
  30. 22Paragraph 22
  31. 23Paragraph 23
  32. 24Paragraph 24
  33. 25Paragraph 25
  34. 26Paragraph 26
  35. 27Paragraph 27
  36. 28Paragraph 28
  37. 29Paragraph 29
  38. 30Paragraph 30
  39. 31Paragraph 31
  40. 32Paragraph 32
  41. 33Paragraph 33
  42. 34Paragraph 34
  43. 35Paragraph 35
  44. 36Paragraph 36
  45. 37Paragraph 37 Not yet in force
  46. 38Paragraph 38
  47. 39Paragraph 39
  48. 40Paragraph 40
  49. 41Paragraph 41
  50. 42Paragraph 42
  51. 43Paragraph 43
  52. Part 2: Amendments of other Acts
  53. 44Telecommunications Act 1984
  54. 45Wireless Telegraphy Act 2006
  55. Schedule 2: Amendments of subordinate legislation
  56. 1Electronic Communications and Wireless Telegraphy Regulations 2011 Not yet in force
  57. 2Communications (Access to Infrastructure) Regulations 2016
  58. Schedule 3: Amendments of retained direct EU legislation
  59. 1Regulation (EC) No 1211/2009
  60. 2Commission Delegated Regulation (EU) No 305/2013
  61. 3Regulation (EU) No 283/2014
  62. 4Decision No 585/2014/EU
  63. 5Regulation (EU) 2017/1953
  64. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019.

(2)

These Regulations come into force on exit day.

2Amendments of primary legislationI1

Schedule 1 contains amendments of primary legislation.

3Amendments of subordinate legislationI1

Schedule 2 contains amendments of subordinate legislation.

4Amendments of retained direct EU legislationI1

Schedule 3 contains amendments of retained direct EU legislation.

5Power to alter standards relating to eCall serviceI1

(1)

The Secretary of State may by regulations made by statutory instrument make provision to replace the standards that are for the time being referred to in Articles 2(j) and (k), 3(1) and (4) and 4 of the eCall Regulation.

(2)

Regulations under paragraph (1) may amend the eCall Regulation.

(3)

Regulations under paragraph (1)—

(a)

may make different provision for different purposes, and

(b)

may contain transitional provisions and savings.

(4)

A statutory instrument containing regulations under paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)

In this regulation “the eCall Regulation” means Commission Delegated Regulation (EU) No 305/2013 of 26 November 2012 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the harmonised provision for an interoperable EU-wide eCall.

Signature

Margot James

Minister of State

Department for Digital, Culture, Media and Sport

1I1

The Communications Act 2003 M1 is amended as follows.

2I1

In section 3 (general duties of OFCOM), in subsection (4), after paragraph (e) insert—

“(ea)

the desirability of ensuring the security and availability of public electronic communications networks and public electronic communications services;”.

3I1

(1)

Section 4 (duties for the purposes of fulfilling EU obligations) is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In subsection (3), omit “Community”.

(4)

Omit subsection (4).

(5)

In subsection (5)—

(a)

for “third Community” substitute “ second ”;

(b)

for the words from “persons” to the end substitute “ members of the public in the United Kingdom ”.

(6)

In subsections (6) and (6A), for “fourth Community” substitute “ third ”.

(7)

In subsection (7), for “fifth Community” substitute “ fourth ”.

(8)

In subsection (9), for “sixth Community” substitute “ fifth ”.

(9)

In subsection (10)(a), after “published” insert “ by the European Commission ”.

F2(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)

In the heading, for “for the purpose of fulfilling EU obligations” substitute “ in relation to certain regulatory functions ”.

4I1

(1)

Section 4A (duty to take account of European Commission recommendations for harmonisation) is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Omit subsection (3).

(4)

In the heading, omit “Duty to take account of”.

5F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6I1

In section 10 (duty to encourage availability of easily usable apparatus), in subsection (3), omit “Community”.

7I1

(1)

Section 25 (Community requirement to provide information) is amended as follows.

(2)

In subsection (1)—

(a)

in paragraph (a), for “Commission requires” substitute “ Commission or BEREC requests ”;

(b)

in paragraph (b)—

(i)

at the end of sub-paragraph (i), omit “or”;

(ii)

at the end of sub-paragraph (ii), insert “ ; or ”;

(iii)

after sub-paragraph (ii), insert—

“(iii)

any other enactment relating to the regulation of electronic communications networks and electronic communications services.”

(3)

For subsection (2) substitute—

“(2)

OFCOM may comply with the request if and to the extent that—

(a)

they consider it appropriate to do so in connection with their functions, and

(b)

in the case of information relating to a particular business, they are satisfied that arrangements exist for preserving confidentiality.”

(4)

In subsection (3)—

(a)

after “the European Commission” insert “ or BEREC ”;

(b)

at the end insert “ or, as the case may be, to BEREC ”.

(5)

For the heading substitute “ Information requested by EU bodies ”.

8I1

(1)

Section 33 (advance notification to OFCOM) is amended as follows.

(2)

Omit subsections (7) and (8).

(3)

In subsection (10), omit the words from “and the reference” to the end.

9I1

(1)

Section 48 (procedure for setting, modifying and revoking conditions) is amended as follows.

(2)

In subsection (2), omit “and section 48B”.

(3)

In subsection (2B)—

(a)

in paragraph (a), for “sections 48A and 48B(1) do” substitute “ section 48A does ”;

(b)

omit paragraph (b) and the “and” preceding it.

(4)

In subsection (7), for “, section 48A or section 48B” substitute “ or section 48A ”.

10I1

(1)

Section 48A (domestic consultation for section 45 conditions) is amended as follows.

(2)

In subsection (2), omit “the proposal is of EU significance and”.

(3)

In subsection (7)—

(a)

omit the words from the beginning to “significance,”;

(b)

for “it” substitute “ the proposal ”.

(4)

In the heading, for “Domestic consultation” substitute “ Consultation ”.

11I1

Omit section 48B (EU consultation for section 45 conditions).

12I1

In section 48C (delivery of copies of notification etc. in respect of section 45 conditions), omit subsections (2) to (4).

13I1

(1)

Section 49 (directions and approvals for the purposes of a section 45 condition) is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In subsection (4), omit “and section 49B”.

(4)

In subsection (4B)—

(a)

in paragraph (a), for “sections 49A and 49B(1) do” substitute “ section 49A does ”;

(b)

omit paragraph (b) and the “and” preceding it.

(5)

In subsection (4C)—

(a)

at the end of paragraph (a), insert “ and ”;

(b)

omit paragraph (c) and the “and” preceding it.

14I1

(1)

Section 49A (domestic consultation for directions, approvals and consents) is amended as follows.

(2)

In subsection (2), omit “the proposal is of EU significance and”.

(3)

In subsection (7), omit “Where the proposal is not of EU significance,”.

(4)

In the heading, for “Domestic consultation” substitute “ Consultation ”.

15I1

Omit section 49B (EU consultation for directions, approvals and consents).

16I1

(1)

Section 49C (delivery of copies of notifications etc. in respect of directions, approvals and consents) is amended as follows.

(2)

Omit subsections (2) and (3).

(3)

In subsection (4), omit paragraphs (d) to (g).

(4)

Omit subsections (5) and (6).

17I1

(1)

Section 51 (matters to which general conditions may relate) is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Omit subsection (2A).

(4)

In subsection (5), omit “, in accordance with EU obligations,”.

18I1

In section 55 (orders by OFCOM in the absence of conditions under s.52), omit subsection (1)(b)(ii) and the “or” preceding it.

19I1

In section 65 (obligations to be secured by universal service conditions), in subsection (1) omit “, for the purpose of securing compliance with EU obligations for the time being in force,”.

20I1

In section 66 (designation of universal service providers), omit subsections (8) and (9).

21I1

(1)

Section 67 (subject-matter of universal service conditions) is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

After subsection (3) insert—

“(3A)

A condition set in accordance with that subsection may require the information published in accordance with it to be framed by reference to such international standards specified in the condition as OFCOM consider appropriate.”

22I1

(1)

Section 77 (imposition of privileged supplier conditions) is amended as follows.

(2)

In subsection (4), for “[euro]50 million” substitute “ £45 million ”.

(3)

In subsection (7)(b), for “Euros” substitute “ sterling ”.

23I1

(1)

Section 78 (circumstances required for the setting of SMP conditions) is amended as follows.

(2)

For subsection (2) substitute—

“(2)

References in this section to dominance of a market are to be construed, so far as it is appropriate to do so for the purposes of this Chapter, in the same way as the reference in section 18(1) of the Competition Act 1998 to a dominant position in a market.”

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24I1

(1)

Section 79 (market power determinations) is amended as follows.

(2)

After subsection (1) insert—

“(1A)

In identifying or analysing a services market for the purposes of this Chapter, OFCOM must conduct a forward-looking assessment of the market, taking into account expected or foreseeable developments that may affect competition in the market.”

(3)

Omit subsections (2), (3) and (7).

25I1

(1)

Section 80 (proposals for identifying markets and for market power determinations) is amended as follows.

(2)

In subsection (1), omit “and section 80B”.

(3)

In subsection (1B)—

(a)

in paragraph (a) for “sections 80A and 80B(1) do” substitute “ section 80A does ”;

(b)

omit paragraph (b) and the “and” preceding it.

(4)

Omit subsection (7).

26I1

(1)

Section 80A (domestic consultation for market identification and market power determinations) is amended as follows.

(2)

In subsection (2), omit “the proposal is of EU significance and”.

(3)

In subsection (10)—

(a)

omit “Where the proposal is not of EU significance,”;

(b)

for “it” substitute “ the proposal ”.

(4)

In the heading, for “Domestic consultation” substitute “ Consultation ”.

27I1

Omit section 80B (EU consultation for market identifications and market power determinations).

28I1

In section 81 (delivery of copies of notifications under section 79 and 80A), omit subsections (2) to (4).

29I1

Omit section 83 (special rules for transnational markets).

30I1

In section 84 (review of services market identifications and determinations), in subsection (7) for “83” substitute “ 81 ”.

31I1

(1)

Section 84A (timing of services markets identifications and determinations) is amended as follows.

(2)

Omit subsection (2).

(3)

In subsection (3), omit paragraph (b) and the “and” preceding it.

(4)

Omit subsections (5) and (6).

F1(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32I1

In section 87 (conditions about network access etc.), in subsection (4)—

(a)

at the end of paragraph (d) insert “ and ”;

(b)

omit paragraph (f) and the “and” preceding it.

33I1

In section 89 (conditions about network access in exceptional cases), in subsection (2), omit the words from “if” to the end.

34I1

For section 89B substitute—

“Functional separation conditions: matters to be considered by OFCOM

89B
(1)

This section applies where OFCOM propose to apply a functional separation condition to a person.

(2)

OFCOM must consider the expected impact of the condition on—

(a)

OFCOM;

(b)

the person on whom the condition is to be imposed;

(c)

the staff of the entity to which activities are to be transferred;

(d)

the electronic communications sector as a whole;

(e)

incentives to invest in the electronic communications sector, particularly with regard to the need to ensure social and territorial cohesion;

(f)

competition in the services market affected by the condition; and

(g)

other persons who in OFCOM's opinion are likely to be affected by the condition, including, in particular, consumers.

(3)

OFCOM must also consider—

(a)

evidence relevant to the conclusions mentioned in section 89A(1)(c) and (d);

(b)

whether there is little or no prospect of effective and sustainable infrastructure based competition within a reasonable timeframe;

(c)

whether a functional separation condition would be the most effective means of addressing important and persisting competition problems or market failures identified by OFCOM; and

(d)

the impact that the obligations contained in the condition are likely to have on SMP services conditions set in relation to the services markets which, in OFCOM's opinion, will be affected by the proposed condition.”

35I1

(1)

Section 105B (requirement to notify OFCOM of security breach) is amended as follows.

(2)

In subsection (3)—

(a)

for “must” substitute “ may ”;

(b)

in paragraph (a) omit “other”.

(3)

In subsection (6), for “must” substitute “ may ”.

36I1

Omit section 150A (proposals of EU significance).

37F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38I1

Omit section 189 (disputes involving other member States).

39I1

In section 191 (OFCOM's power to require information in connection with dispute), in subsection (1)—

(a)

at the end of paragraph (a), insert “ or ”;

(b)

omit paragraph (b) and the “or” following it.

40I1

In section 197 (interpretation of Chapter 3), omit subsections (2) F1....

41I1

In section 393 (general restrictions on disclosure of information), in subsection (6)(aza), for “or 24B” substitute “ , 24B or 25 ”.

42I1

In section 405 (general interpretation), in subsection (1)—

(a)

in the definition of “international obligation of the United Kingdom”, omit “any EU obligation and”;

(b)

omit the definition of “other member State”.

43I1

In Schedule 18 (transitional provisions), in paragraph 13(5), for “would be” substitute “ would, immediately before exit day, have been ”.

44Telecommunications Act 1984I1

In section 101 of the Telecommunications Act 1984 M1 (general restrictions on disclosure of information), in subsection (2)—

(a)

at the end of paragraph (c), insert “ or ”;

(b)

omit paragraph (e) and the “or” preceding it.

45Wireless Telegraphy Act 2006I1

(1)

The Wireless Telegraphy Act 2006 M1 is amended as follows.

(2)

In section 8 (licences and exemptions), omit subsection (3A).

(3)

In section 9 (terms, provisions and limitations), omit subsection (1A).

F1(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

In section 115 (general interpretation), in subsection (1), in the definition of “international obligation of the United Kingdom”, omit “any EU obligation and”.

1Electronic Communications and Wireless Telegraphy Regulations 2011F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2Communications (Access to Infrastructure) Regulations 2016I1

In regulation 16 of the Communications (Access to Infrastructure) Regulations 2016 M1 (resolution of disputes: access to physical infrastructure), omit paragraph (3).

1Regulation (EC) No 1211/2009I1

Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office is revoked.

2Commission Delegated Regulation (EU) No 305/2013I1

(1)

Commission Delegated Regulation (EU) No 305/2013 of 26 November 2012 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the harmonised provision for an interoperable EU-wide eCall is amended as follows.

(2)

In Article 1 (subject matter and scope), omit “harmonised EU-wide”.

(3)

In Article 2 (definitions)—

(a)

in points (a) and (b), for “Member State” substitute “ Secretary of State ”;

(b)

in point (h), omit the words from “(referred to” to “EU-wide eCall)”;

(c)

in point (m), for the words from “means” to the end substitute “ means a communications network used wholly or mainly for the provision of publicly available mobile wireless communications services ”;

(d)

after point (o) insert—

“(p)

“the GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018 M1;

(q)

“the data protection legislation” has the meaning given by section 3 of the Data Protection Act 2018.”

(4)

In Article 3 (eCall PSAP requirements), in paragraph 1, for “Member States” substitute “ The Secretary of State ”.

(5)

In Article 4 (conformity assessment), for “Member States” substitute “ The Secretary of State ”.

(6)

In Article 5 (obligations relating to the deployment of the eCall PSAPs infrastructure)—

(a)

for “Member States” substitute “ The Secretary of State ”;

(b)

omit “interoperable EU-wide”, in both places where it occurs;

(c)

for “each Member State” substitute “ the Secretary of State ”;

(d)

omit the words from “on its territory” to the end.

(7)

In Article 6 (rules on privacy and data protection)—

(a)

in paragraph 1—

(i)

for “data controllers”, in both places it occurs, substitute “ controllers ”;

(ii)

for “Article 2(d) of Directive 95/46/EC” substitute “ Article 4(7) of the GDPR ”;

(iii)

for “Member States” substitute “ The Secretary of State ”;

(iv)

for “Directives 95/45/EC and 2002/58/EC” substitute “ the data protection legislation and provision made by or under an enactment in implementation of Directive 2002/58/EC ”;

(b)

in paragraph 2, for “Member States” substitute “ the Secretary of State ”.

(8)

In Article 7 (rules on liability), in paragraph 2, for “Articles 6, 13 and 17 of Directive 95/46/EC” substitute “ any applicable provisions of the data protection legislation ”.

(9)

Omit the following provisions—

(a)

Article 8 (reporting),

(b)

Article 9 (entry into force and application), and

(c)

after Article 9, the words from “This Regulation” to “all Member States”.

3Regulation (EU) No 283/2014I1

Regulation (EU) No 283/2014 of the European Parliament and of the Council of 11 March 2014 on guidelines for trans-European networks in the area of telecommunications infrastructure and repealing Decision No 1336/97/EC is revoked.

4Decision No 585/2014/EUI1

(1)

Decision No 585/2014/EU of the European Parliament and of the Council of 15 May 2014 on the deployment of the interoperable EU-wide eCall service is amended as follows.

(2)

In Article 1—

(a)

in paragraph 1—

(i)

for “Member States” substitute “ The Secretary of State ”;

(ii)

for “on their territory” substitute “ in the United Kingdom ”;

(iii)

omit the words from “at least six months” to “2017”;

(iv)

omit “interoperable EU-wide”;

(b)

in paragraph 2—

(i)

for “each Member State”, in both places where it occurs, substitute “ the Secretary of State ”;

(ii)

for “its emergency services” substitute “ emergency services in the United Kingdom ”;

(iii)

for “its needs” substitute “ the needs of the United Kingdom ”;

(iv)

for “recognised by it” substitute “ recognised by the Secretary of State ”;

(c)

in paragraph 3, for “Member States” substitute “ The Secretary of State ”.

(3)

In Article 2—

(a)

for “Member States” substitute “ The Secretary of State ”;

(b)

omit “EU-wide”.

(4)

Omit Article 3.

(5)

In Article 4—

(a)

for “Member States” substitute “ The Secretary of State ”;

(b)

for “their territory” substitute “ the United Kingdom ”.

(6)

Omit Articles 5 and 6.

5Regulation (EU) 2017/1953I1

Regulation (EU) 2017/1953 of the European Parliament and of the Council of 25 October 2017 amending Regulations (EU) No 1316/2013 and (EU) No 283/2014 as regards the promotion of internet connectivity in local communities is revoked.

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(a), 8(2)(c), 8(2)(d), 8(2)(f) and 8(2)(g)) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation in the field of electronic communications and, in particular, amend legislation relating to the implementation in the UK of the EU framework for electronic communications and wireless telegraphy. Schedule 1 amends primary legislation, Schedule 2 amends subordinate legislation, and Schedule 3 amends or revokes retained direct EU legislation.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.