Communications Regulation (Amendment) Act 2007

PART 2

Amendment of Principal Act, etc.

3.

Amendment of section 2 of Principal Act (interpretation).

3.— Section 2 of the Principal Act is amended as follows:

( a) by inserting in subsection (1) the following definition after the definition of “Act of 1996”:

“‘associate’, in relation to an undertaking, means—

( a) a holding company of the undertaking, or

( b) a subsidiary company of the undertaking, or

( c) a company that is a subsidiary of a body corporate, if the undertaking is also a subsidiary of the body, but neither company is a subsidiary of the other, or

( d) a body corporate that is not a subsidiary of the undertaking but in respect of which the undertaking is beneficially entitled to more than 20 per cent of the nominal value of either—

(i) the allotted share capital of the body, or

(ii) the shares carrying voting rights (other than voting rights which arise only in specified circumstances) of the body,

or

( e) a partnership or joint venture in which the undertaking has a financial interest;”;

( b) by inserting in subsection (1) the following definition after the definition of “associated facilities”:

“‘association of undertakings’ means a body corporate that comprises one or more undertakings but is not itself an undertaking;”;

( c) by inserting in subsection (1) the following definition after the definition of “electronic communications service”:

“‘end user’, in relation to an electronic communications service or associated facility, means a person to whom such a service is supplied, or who has asked for the supply of such a service or facility, otherwise than for the purpose of resupply;”;

( d) by inserting in subsection (1) the following definitions after the definition of “establishment day”:

“‘failure to comply’ includes contravene;

‘financial year’, in relation to the Commission, means the financial year of the Commission as specified in or in accordance with section 31A;”;

( e) by inserting in subsection (1) the following definition after the definition of “prescribed”:

“‘related enactment’ means—

( a) an enactment specified in Part 1 of Schedule 1, or

( b) a statutory instrument specified in Part 2 of that Schedule, or

( c) a statutory instrument made by the Minister for the purpose of giving effect to an act of an institution of the European Communities relating to—

(i) the provision of an electronic communications service, an electronic communications network or associated facility, or

(ii) the radio frequency spectrum or national numbering resource, or

(iii) a postal service,

or

( d) a statutory instrument made by the Commission under an Act specified in Part 1 of Schedule 1, or

( e) any Act or statutory instrument declared by a provision of another Act or statutory instrument to be a related enactment for the purposes of this Act;”;

( f) by inserting in subsection (1) the following definition after the definition of “television set”:

“‘this Act’ includes all statutory instruments made under this Act;”;

( g) by repealing subsection (2).