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Regulation 2 InterpretationI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In these Regulations—

  • “excepted apparatus” means telecommunications apparatus which is occupied by a person—

    1. (a)

      whose name is for the time being shown in a central non-domestic rating list; and

    2. (b)

      who is not the host in relation to the site on which the apparatus is situated or to which it is attached;

  • “host” in relation to a site means the person who has the right to receive payment in respect of the use of any part of the site by any other person who is an operator occupying telecommunications apparatus, or would have such a right if any such part were so used;

  • “operator” means any person licensed for the running of a telecommunications system under section 1 of the Wireless Telegraphy Act 1949 (“the 1949 Act”)f1 or section 7 of the Telecommunications Act 1984f2 (“the 1984 Act”);

  • “telecommunications apparatus” includes—

    1. (a)

      telecommunications apparatus within the meaning given by Schedule 2 to the 1984 Act which is used, or designed for use, for—

      1. (i)

        wireless telegraphy within the meaning given by section 19 of the 1949 Act, or

      2. (ii)

        broadcasting; and

    2. (b)

      structures in the nature of huts or other buildings (including structures forming part only of a building) used, or designed for use, solely to house apparatus within the description in paragraph (a);

    together with any ancillary equipment occupied exclusively for the purposes of an operator; and

  • “telecommunications hereditament” means—

    1. (a)

      a site forming a hereditament occupied exclusively by telecommunications apparatus, or

    2. (b)

      a site which would constitute a single hereditament but for the occupation of the whole of it exclusively by telecommunications apparatus operated or owned by more than one operator,

    and for the purposes of determining whether a hereditament is occupied exclusively by telecommunications apparatus, the presence on the site of, and of accommodation for, personnel for the sole purpose of maintaining, repairing, operating or safeguarding that apparatus shall be disregarded.

Annotations

Commencement

I1

Reg. 2 in force at 1.10.2000, see reg. 1

Footnotes

f1

1949 c. 54.

f2

1984 c. 12.