Paragraph 10 Regulated businessC1F1
England, Wales and Scotland
For the purposes of section 72D a business is regulated if it is carried on—
F2in reliance on a licence granted to a person under section 7 of the Telecommunications Act 1984 (c. 12) (telecommunications service),
in reliance on a licence under section 7 F3, 7A or 7B of the Gas Act 1986 (c. 44) (transport and supply of gas),
in reliance on a licence granted by virtue of section 41C of that Act (power to prescribe additional licensable activity),
in reliance on a licence under section 6 of the Electricity Act 1989 (c. 29) (supply of electricity),
by a water undertaker,
by a sewerage undertaker,
by a universal service provider within the meaning F4of Part 3 of the Postal Services Act 2011,
by a Post Office company within the meaning of Part 1 of that Act,
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in reliance on a licence under section 8 of the Railways Act 1993 (c. 43) (railway services),
in reliance on a licence exemption under section 7 of that Act (subject to sub-paragraph (2) below),
by the operator of a system of transport which is deemed to be a railway for a purpose of Part I of that Act by virtue of section 81(2) of that Act (tramways, &c.), F7. . .
by the operator of a vehicle carried on flanged wheels along a system within paragraph (l)F8 or
Sub-paragraph (1)(k) does not apply to the operator of a railway asset on a railway unless on some part of the railway there is a permitted line speed exceeding 40 kilometres per hour.
For the purposes of section 72D a business is also regulated to the extent that it consists in the provision of a public electronic communications network or a publicelectronic communications service.
In sub-paragraph (1)(n) “relevant European licence” has the meaning given by section 6(2) of the Railways Act 1993.
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Annotations
Textual amendments
- F1
Sch. 2A inserted (15.9.2003) by 2002 c. 40, s. 250(2), 279, Sch. 18 (with s. 249(6)); S.I. 2003/2093, art. 2(1), Sch. 1 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))
- F2
Sch. 2A para. 10(1)(a) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1), Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1) (with art. 3(2) (as amended (8.12.2003) by 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)
- F3
Words in Sch. 2A para. 10(1)(b) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 29
- F4
Words in Sch. 2A para. 10(1)(g) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 91, 93(2)(3), Sch. 12 para. 126(a); S.I. 2011/2329, art. 3 (with arts. 4, 5)
- F5
Sch. 2A para. 10(1)(h) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 91, 93(2)(3), Sch. 12 para. 126(b); S.I. 2011/2329, art. 3 (with arts. 4, 5)
- F6
Sch. 2A para. 10(1)(i) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), ss. 91, 93(2)(3), Sch. 12 para. 126(c); S.I. 2011/2329, art. 3 (with arts. 4, 5)
- F7
Word in Sch. 2A para. 10(1)(l) omitted (28.11.2005) by virtue of The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), regs. 3, 4, 20, Sch. 1 para. 2(a) (with Sch. 4)
- F8
Sch. 2A para. 10(1)(n) and preceding word added (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), regs. 3, 4, 20, Sch. 1 para. 2(b) (with Sch. 4)
- F9
Sch. 2A para. 10(1)(n) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 21(a); 2020 c. 1, Sch. 5 para. 1(1)
- F10
Words in Sch. 2A para. 10(1)(n) inserted (31.1.2022 at 11.00 p.m.) by The Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021 (S.I. 2021/1105), regs. 1(3), 9(a)
- F11
Sch. 2A para. 10(2A) inserted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 17 para. 82(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1) (with art. 3(2) (as amended (8.12.2003) by 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)
- F12
Sch. 2A para. 10(3) inserted (31.1.2022 at 11.00 p.m.) by The Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021 (S.I. 2021/1105), regs. 1(3), 9(b)
- F13
Sch. 2A para. 10(2B) omitted (31.12.2020) by virtue of The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 21(b); 2020 c. 1, Sch. 5 para. 1(1)
Modifications
- C1
Sch. 2A modified (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 41; 2020 c. 1, Sch. 5 para. 1(1)
Notes on Schedule 2A
Modifications
- C1
Sch. 2A extended (24.6.2003) by The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 (S.I. 2003/1633), regs. 1, 15, Sch. 2 para. 7