Explanatory note

These Regulations amend the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 (S.I. 2003/2553) (“the principal Regulations”).

The electronic communications 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 (each a “code operator”) for the purposes of the provision of such networks to install and maintain apparatus in, over and under land.

Regulation 4 amends regulation 5 of the principal Regulations so that notice must now be given by a code operator to the planning authority in respect of specified apparatus and circumstances.

Regulation 5 amends the review provision in regulation 20 of the principal Regulations required under sections 28 to 32 of the Small Business, Enterprise, and Employment Act 2015.

The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2013 (S.I. 2013/1403) (the “2013 Regulations”) amended the principal Regulations and regulation 3 of the 2013 Regulations provided that the amendments made ceased to have effect at the end of 5th April 2013. Regulation 7 of these Regulations omits regulation 3 of the 2013 to remove the provision regarding the expiry of the effect of the amendments made in the 2013 Regulations.