{
  "url": "https://openlegislation.uk/electronic-communications-code-conditions-and-restrictions-amendment-regulations-2016/note",
  "json_url": "https://openlegislation.uk/electronic-communications-code-conditions-and-restrictions-amendment-regulations-2016/note.json",
  "legislation": "uksi/2016/1049",
  "legislation_title": "The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016",
  "legislation_url": "https://openlegislation.uk/electronic-communications-code-conditions-and-restrictions-amendment-regulations-2016",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Electronic Communications Code (Conditions and Restrictions) Regulations 2013 (S.I. 2003/2553) (“the principal Regulations”).\nThe electronic communications code (“the code”) is contained in Schedule 2 to the Telecommunications Act 1984 (c.12). It is designed to facilitate the installation and maintenance of electronic communications networks. It confers rights on providers of such networks (code operators) which are made available for use by providers of electronic communications networks for the purposes of the provision of those networks, to install and maintain apparatus in, over and under land.\nThese Regulations amend the principal Regulations regarding the notice code operators must give to planning authorities and bodies that own or have an interest in the land when installing or altering apparatus.\nRegulation 3 amends regulation 2 of the principal Regulations to insert definitions of terms used in these Regulations and remove definitions repealed in legislation.\nRegulation 4 adds the commissioner appointed under section of the Transport Act (Scotland) 2005 (1990 c.8) to the list of bodies the code operator must consult under regulation 3 of the principal Regulations.\nRegulation 5(a) and (c) amend regulation 5(1) and (3) of the principal Regulations so that the notice period given by code operators to planning authorities and the period within which planning authorities may give notice of conditions is 28 days.\nRegulation 5(b) amends regulation 5 of the principal Regulations regarding the notice code operators must give to the planning authority when installing, altering or replacing electronic communications apparatus that are not lines. In Northern Ireland, Scotland and Wales, code operators must give notice where planning permission is not required under the Planning Acts or for which permission is granted under a permitted development order. In relation to England, notice must be given where planning permission for the installation, alteration or replacement of apparatus is not required or planning permission is granted by a development order but not subject to the prior approval process.\nRegulation 5(d) inserts a provision into regulation 5 of the principal Regulations so that notice is not required for emergency works.\nRegulations 6 and 7 amend regulations 6 and 7 of the principal Regulations. In Northern Ireland, Scotland and Wales, where the code operator gives notice under regulations 6 (conservation areas) and 7 (listed buildings and ancient monuments), the code operator may install, alter or replace apparatus if the planning authority has not objected within 28 days of the notice being given where the installation, alteration or replacement of the apparatus does not require planning permission or for which planning permission is given under a development order. Where planning permission is required and planning permission is not granted by a development order, the operator may only proceed to install, alter or replace apparatus where the planning authority has not objected within 56 days of the notice being given. In England, notice is not required where notice has been given under regulation 5 or the operator has submitted an application for planning permission under the Town and Country Planning Act 1990 or a determination as to whether prior approval is required under the prior approval process.\nRegulation 8 amends regulation 8 of the principal Regulations, which requires notice to be given to the planning authority and the bodies listed. In relation to England, notice of the installation, alteration or replacement of electronic communications apparatus in a National Park, the Broads, a limestone pavement area or area of outstanding natural beauty does not need to be given to the planning authority. Such notice is still required in Northern Ireland, Scotland and Wales.\nAmended regulation 8(3) of the principal Regulations provides that in Northern Ireland, Scotland and Wales, where notice is given under paragraph (1), the operator may install, alter or replace apparatus where the person notified has not objected within 28 days of the notice being given where the installation, alteration or replacement of the apparatus does not require planning permission or permission is granted under a development order. Where planning permission for the apparatus is required and planning permission is not granted under a development order, the code operator may install, alter or replace the apparatus where the person notified has not objected within 56 days of notice being given. In relation to England, where notice is given under regulation 8(1), the person notified may give the operator written notice of conditions in respect of the installation, alteration or replacement of apparatus as provided for under regulation 5(3) of the principal Regulations.\nRegulation 9 inserts a requirement for code operators to give notice in the circumstances specified to operators of aerodromes.\nRegulation 10 amends regulation 15 of the principal Regulations so that references to “lines and poles” refer to “electronic communications apparatus”.\nRegulation 11 inserts a review provision in compliance with section 30 of the Small Business, Enterprise, and Employment Act 2015 (c.26).\nAn impact assessment has been prepared in relation to these Regulations which can be obtained at www.gov.uk.government/organisation/department-for-culture-media-sport. This instrument is published at www.legislation.gov.uk.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/1049/note",
    "retrieved_at": "2026-10-28T23:18:37.285609+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."
}