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After Part 4 of Schedule 3A to the Communications Act 2003 (the electronic communications code) insert—
The Schedule contains related amendments.
Subject to subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland.
The amendments made by paragraphs 5 to 8 of the Schedule extend to England and Wales and Scotland.
The following provisions come into force on the day on which this Act is passed—
this section;
any other provision of this Act so far as necessary for enabling the exercise, on or after that day, of any power to make regulations under Part 4A of Schedule 3A to the Communications Act 2003 (as inserted by section 1).
The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.
Different days may be appointed for different purposes.
The Secretary of State may by regulations make transitional provision in connection with the coming into force of any provision of this Act.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Telecommunications Infrastructure (Leasehold Property) Act 2021.
Section 2
The Communications Act 2003 is amended as follows.
“lease”— and “lessor” and “lessee” are to be construed accordingly;
In section 402 (orders and regulations)—
in subsection (2), for paragraph (aa) substitute—;
in subsection (2A)—
for “regulations under paragraph 95 of Schedule 3A which amend, repeal or modify the application of primary legislation,” substitute “ any of the following ”;
at the end insert—
Schedule 3A (the electronic communications code) is amended as follows. In paragraph 10— In paragraph 12(2), after “Part” insert “ or Part 4A ”. In paragraph 19(a)— In paragraph 20(2)(a), after “code right,” insert “ the land to which it relates ”. In paragraph 23, after sub-paragraph (2) insert— In paragraph 26— In paragraph 27(6), in the words before paragraph (a), after “Paragraphs” insert “ 20(3), 22, ”. In paragraph 37(3), after paragraph (a) insert—. In paragraph 84(1), after paragraph (a) insert—. In paragraph 95(1), after paragraph (a) insert—. In paragraph 108(1)—
The Electronic Communications Code (Jurisdiction) Regulations 2017 are amended as follows.
“Part 4A proceedings” means proceedings under Part 4A of the code;
Regulation 3 (conferral of jurisdiction on tribunals) is amended as follows. The existing text becomes paragraph (1). In that paragraph— After that paragraph insert—
Regulation 4 (jurisdiction for commencement of proceedings) is amended as follows. In the heading, for “relevant” substitute “ certain ”. The existing text becomes paragraph (1). After that paragraph insert—
The amendments made by paragraphs 5 to 8 do not limit the provision that may be made by regulations under paragraph 95 of the code.
In paragraph 9, “the code” means the electronic communications code set out in Schedule 3A to the Communications Act 2003.