Digital Economy Act 
2017
CHAPTER 30
Explanatory Notes have been produced to assist in the
understanding of this Act and are available separately
£27.50Digital Economy Act 2017
CHAPTER 30
CONTENTS
PART 1
ACCESS  TO DIGITAL  SERVICES
1 Universal service br oadband obligations
2 General conditions: switching communications provider3 Automatic compensation for failure to meet performance standards
P
ART 2
DIGITAL  INFRASTRUCTURE
Electronic communications code
4 The electronic communications code
5 Power to make transitional prov ision in connection with the code
6 Power to make consequential provis ion etc in connection with the code
7 Application of the code: protection of the environment
Dynamic spectrum access services
8 Regulation of dynamic spectrum access services
Other regulation of spectrum
9 Penalties for contravention of wireless telegraphy licences
10 Fixed penalties under Wire less Telegraphy Act 2006
11 Search warrants under Wireless Telegraphy Act 200612 Disposal of seized property under Wireless Telegraphy Act 200613 Time limits for prosecutions un der Wireless Telegraphy Act 2006Digital Economy Act 2017 (c. 30) ii
PART 3
ONLINE  PORNOGRAPHY
14 Internet pornography: requirement to  prevent access by persons under 18
15 Meaning of “pornographic material”16 The age-verification regulator: designation and funding17 Parliamentary procedure for designat ion of age-verification regulator
18 Regulator’s power to require information19 Enforcement by regulator of sections 14 and 1820 Financial penalties imposed by regulator21 Notice by regulator to payment-serv ices providers and ancillary service
providers
22 Meaning of “extreme pornographic material”23 Regulator’s power to require internet  service providers to block access to
material
24 No power to give notice under section 23(1) where detrimental to national
security etc
25 Guidance to be published by regulator26 Exercise of functions by regulator27 Guidance by Secretary of State to regulator28 Requirements for notices give n by regulator under this Part
29 Report on this Part30 Interpretation and general prov isions relating to this Part
P
ART 4
INTELLECTUAL  PROPERTY
31 Lending of e-books by public libraries
32 Offences: infringing copyrigh t and making available right
33 Registered designs: infringement: marking product with internet link
34 Copyright etc where broadc ast retransmitted by cable
PART 5
DIGITAL  GOVERNMENT
CHAPTER  1
PUBLIC  SERVICE  DELIVERY
35 Disclosure of information to improve public service delivery
36 Disclosure of information to gas and electricity suppliers etc37 Disclosure of information by gas and electricity suppliers etc38 Disclosure of information to wa ter and sewerage undertakers etc
39 Disclosure of information by water and sewerage undertakers etc40 Further provisions about disclosure s under any of sections 35 to 39
41 Confidentiality of personal information42 Information disclosed by the Revenue and Customs43 Code of practice44 Regulations under this Chapter45 Interpretation of this Chapter etcDigital Economy Act 2017 (c. 30) iii
CHAPTER  2
CIVIL REGISTRATION
46 Disclosure of information by civil registration officials
47 Consequential provision
CHAPTER  3
DEBT OWED  TO THE PUBLIC  SECTOR
48 Disclosure of information to reduce debt owed to the public sector
49 Further provisions about power in section 4850 Confidentiality of personal information51 Information disclosed by the Revenue and Customs52 Code of practice53 Duty to review operation of Chapter54 Regulations under this Chapter55 Interpretation of this Chapter
C
HAPTER  4
FRAUD  AGAINST  THE PUBLIC  SECTOR
56 Disclosure of information to comb at fraud against the public sector
57 Further provisions about power in section 5658 Confidentiality of personal information59 Information disclosed by the Revenue and Customs60 Code of practice61 Duty to review operation of Chapter62 Regulations under this Chapter63 Interpretation of this Chapter
C
HAPTER  5
SHARING  FOR RESEARCH  PURPOSES
64 Disclosure of information for research purposes
65 Provisions supplementary to section 6466 Bar on further disclosure of personal information67 Information disclosed by the Revenue and Customs68 Information disclosed by the Welsh Revenue Authority69 Information disclosed by Revenue Scotland70 Code of practice71 Accreditation for the purposes of this Chapter72 Delegation of functions of the Statistics Board
73 Interpretation of this Chapter
C
HAPTER  6
DISCLOSURE  BY REVENUE  AUTHORITIES
74 Disclosure of non-identifying information by the Revenue and Customs
75 Disclosure of non-identifying information by the Welsh Revenue AuthorityDigital Economy Act 2017 (c. 30) iv
76 Disclosure of non-identifying information by Revenue Scotland
77 Disclosure of employer reference in formation by the Revenue and Customs
CHAPTER  7
STATISTICS
78 Disclosure of information by the Revenue and Customs to the Statistics Board
79 Disclosure of information by public  authorities to the Statistics Board
80 Access to information by the Statistics Board81 Disclosure by the Statistics Board to devolved administrations
P
ART 6
MISCELLANEOUS
OFCOM: reports etc
82 OFCOM reports on infrastructure etc
83 Comparative overviews of quality and prices
OFCOM: information
84 Conditions about allocati on of telephone numbers
85 Provision of information to OFCOM86 Information required from communications providers
Appeals
87 Appeals from decisions of OFCO M and others: standard of review
Regulation and functions of BBC
88 Functions of OFCOM in relation to the BBC
89 TV licence fee concessions by reference to age
Provision of children's programmes
90 Provision of children’s programmes
OFCOM powers relating to criminal content etc
91 Suspension of radio licences for inciting crime or disorder
92 Digital additional services: se riously harmful extrinsic material
On-demand programme services
93 On-demand programme services: access ibility for people with disabilities
94 On-demand programme services: specially restricted material
Electronic Programme Guides
95 Electronic programme guides  and public service channelsDigital Economy Act 2017 (c. 30) v
Direct marketing code
96 Direct marketing code
Televising events of national interest
97 Televising events of national intere st: power to amend qualifying conditions
Other provisions relating to OFCOM
98 Strategic priorities and provision of information
99 OFCOM and Northern Ireland
100 Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006101 International recognition of satellite frequency assignments: power of
OFCOM to charge fees
Billing limits for mobile phones
102 Billing limits for mobile phones
Online social media platforms
103 Code of practice for providers of online social media platforms
Internet filters
104 Internet filters
Ticket sales
105 Secondary ticketing: duty to provide information about tickets
106 Power to create offence of breaching limits on internet and other ticket sales
Communication devices used for drug dealing
107 Prevention or restriction of use of communication devices for drug dealing
Charges payable to the Information Commissioner
108 Regulations about charges payable to the Information Commissioner
109 Functions relating to re gulations under section 108
110 Supplementary provision relating to section 108111 Amendments relating to section 108
Payment and securities settlement systems
112 Power to apply settlement finalit y regime to payment institutions
113 Bank of England oversight of payment systems
Qualifications in information technology
114 Qualifications in information te chnology: payment of tuition feesDigital Economy Act 2017 (c. 30) vi
Guarantee of pension liabilities un der Telecommunications Act 1984
115 Guarantee of pension liabilitie s under Telecommunications Act 1984
116 Regulations under section 115
PART 7
GENERAL
117 Financial provisions
118 Commencement119 Extent120 Short title
Schedule 1 — The electronic communications codeSchedule 2 — The electronic communica tions code: transi tional provision
Schedule 3 — Electronic communications code: consequential amendments
Part 1 — General provisionPart 2 — Amendments of particular enactments
Schedule 4 — Public service delivery: specified persons for the purposes of
section 35
Schedule 5 — Public service delivery: specified persons for the purposes of
sections 36 and 37
Schedule 6 — Public service delivery: specified persons for the purposes of
sections 38 and 39
Schedule 7 — Specified persons for th e purposes of the debt provisions
Schedule 8 — Specified persons for th e purposes of the fraud provisions
Schedule 9 — Bank of England oversight of payment systems
Part 1 — Extension of Bank of Engl and oversight of payment systems
Part 2 — Consequential amendmentsELIZABETH II c. 30
Digital Economy Act 2017
2017 CHAPTER 30
An Act to make provision about electron ic communications infrastructure and
services; to provide for restricting access to online pornography; to make
provision about protection of inte llectual property in connection with
electronic communications; to make provision about data-sharing; to make
provision in connection with sectio n 68 of the Telecomm unications Act 1984;
to make provision about functions of  OFCOM in relation to the BBC; to
provide for determination by the BB C of age-related TV licence fee
concessions; to make provision about th e regulation of direct marketing; to
make other provision about OFCOM and its functions; to make provision
about internet filters; to make provisio n about preventing or  restricting the use
of communication devices in connection with drug dealing offences; to confer
power to create an offence of breach ing limits on ticket sales; to make
provision about the payment of charges  to the Informatio n Commissioner; to
make provision about paym ent systems and securities settlement systems; to
make provision about qualifications in information technology; and for
connected purposes. [27th April 2017]
E IT ENACTED  by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Te mporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:— 
PART 1
ACCESS  TO DIGITAL  SERVICES
1 Universal service broadband obligations
(1) The Communications Act 2003 is amended as follows.
( 2 ) S e c t i o n  6 5  ( o b l i g a t i o n s  t o  b e  s e c u red by universal service conditions) is
amended as follows.BDigital Economy Act 2017 (c. 30)
Part 1 — Access to digital services2
(3) In subsection (1) omit “(“t he universal service order”)”.
(4) After subsection (2) insert—
“(2A) The provision made under subsection (1) is referred to as “the universal
service order”.
(2B) The universal service order may in partic ular say that broadband
connections and services must be pr ovided to any extent, but may not
do so unless—
(a) it specifies the minimum download speed that must be
provided by those connections and services, and
(b) the speed so specified is at least 10 megabits per second.
(2C) The universal service order may contain—
(a) guidance about matters relating to the speed or other
characteristics of broadband connec tions or services that it says
must be provided (as well as or, except in the case of theminimum download speed, instea d of setting out any of those
characteristics); and
(b) guidance about any other matter s relating to those connections
or services.”
(5) In section 66 (designation of universa l service provider) af ter subsection (9)
insert—
“(9A) In making any regulations under this section, OFCOM must have
regard to any guidance that is contained in the universal service order.”
(6) In section 67(8) (universal service conditions: duty to have regard to guidance)
omit “about matters re lating to pricing”.
(7) After section 72 (before the headin g “Access-related conditions”) insert—
“72A Review of universal service order
(1) The Secretary of State may direct OFCOM to review and report to the
Secretary of State on any provision made, or that may be made, by the
universal service order in relati on to broadband connections or
services.
(2) The Secretary of State must consult OFCOM before giving a direction
under this section.
(3) The Secretary of State must publish a direction under this section.
(4) OFCOM must publish the report made  by them to the Secretary of State
of a review under this section.
72B  Broadband download speeds: duty to give direction under section 
72A
(1) The Secretary of State must give  OFCOM a direction under section 72A
if—
(a) the universal service orde r specifies a minimum download
speed for broadband connections and services and the speed so
specified is less than 30 megabits per second, and
(b) it appears to the Secretary of St ate, on the basis of information
published by OFCOM, that broa dband connections or servicesDigital Economy Act 2017 (c. 30)
Part 1 — Access to digital services3
that provide a minimum download speed of at least 30
megabits per second are subscribed to for use in at least 75% ofpremises in the United Kingdom.
(2) The direction—
(a) must require OFCOM to review and report to the Secretary of
State on whether it would be appropriate for the universalservice order to specify a higher minimum download speed,and
(b) may also require OFCOM to review and report to the Secretary
of State on any other matter falling within section 72A(1).”
(8) In section 135(3)(f) (power of OFCOM to require information for purposes of
reviews) for “or 70” substitute “, 70 or 72A”.
2 General conditions: switching communications provider
(1) Section 51(2) of the Communications Act 2003 (conditions which may be set for
protecting interests of end-users) is amended as follows.
(2) Omit “and” after paragraph (g).
(3) After paragraph (h) insert—
“(i) specify requirements in relation to arrang ements that enable an
end-user to change communicat ions provider on request.”
3 Automatic compensation for failure  to meet performance standards
In section 51(2) of the Co mmunications Act 2003 (conditions which may be set
for protecting interests of end-users), after paragraph (d) insert—
“(da) require a communications prov ider to pay compensation to an
end-user on failing to meet a sp ecified standard or obligation;”.
P
ART 2
DIGITAL  INFRASTRUCTURE
Electronic communications code
4 The electronic communications code
(1) In the Telecommunications Act 1984 om it Schedule 2 (the telecommunications
code).
(2) Before Schedule 4 to the Communications  Act 2003 insert Schedule 3A set out
in Schedule 1 to this Act.
(3) Section 106 of the Communications Ac t 2003 (application of the electronic
communications code) is amended as follows. 
(4) In subsection (1) for “the code set ou t in Schedule 2 to the Telecommunications
Act 1984 (c 12)” substitute “the  code set out in Schedule 3A”.
(5) Omit subsection (2).
(6) In subsection (4)(b) for “condui ts” substitute “infrastructure”.Digital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure4
(7) In subsection (5)(c) for “conduit system ” in each place substitute “system of
infrastructure”.
(8) In subsection (6) for “16(3)” substitute “85(7)”.
(9) Omit subsection (7).
(10) Schedules 2 (transitional provisions) and 3 (consequential amendments) have
effect.
5 Power to make transitional prov ision in connection with the code
(1) The Secretary of State may by regula tions made by statutory instrument make
transitional, transitory or saving provision in connection with the coming into
force of section 4 and Schedule 1.
(2) Regulations under this section may amend Schedule 2.(3) A statutory instrument containing regulations under this section—
(a) if it includes provision made by virtue of subsection (2), may not be
made unless a draft of the instrument has been laid before andapproved by a resolution of each House of Parliament;
(b) otherwise, is subject to  annulment in pursuance of a resolution of either
House of Parliament.
6 Power to make consequential provi sion etc in connection with the code
(1) The Secretary of State may by regu lations make conseq uential provision in
connection with any provision made by or under section 4 or this section or
Schedule 1 or 3.
(2) Regulations under subsection (1) ma y amend, repeal, re voke or otherwise
modify the application of any enactment (but, in the case of primarylegislation, only if the primary legislat ion was passed or made before the end
of the Session in which this Act is passed).
(3) Regulations under this section—
(a) are to be made by statutory instrument;
(b) may make different provis ion for different purposes;
(c) may include incidental, supplemen tary, consequential, transitional,
transitory or saving provision.
(4) A statutory instrument containing regulations under this section (whether
alone or with other provisions) which am end, repeal or modi fy the application
of primary legislation may not be made unless a draft of the instrument hasbeen laid before and approved by a re solution of each House of Parliament.
(5) Any other statutory instrument contai ning regulations un der this section is
subject to annulment in pursuance of  a resolution of either House of
Parliament.
(6) In this section—
“enactment” includes—
(a) an enactment comprised in subordinate legislation within the
meaning of the Interpretation Act 1978,
(b) an enactment comprised in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales,Digital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure5
(c) an enactment comprised in, or in an instrument made under, an
Act of the Scottish  Parliament, and
(d) an enactment comprised in, or in an instrument made under,
Northern Ireland legislation;
“primary legislation” means—
(a) an Act of Parliament,
(b) a Measure or Act of the National Assembly for Wales,
(c) an Act of the Scottish Parliament, or 
(d) Northern Ireland legislation.
7 Application of the code: protection of the environment
For section 109(2A) of the Communications Act 2003 (under which regulations
that set restrictions and conditions to the application of the electronic
communications code are deemed by subsection (2B) to comply with dutiesunder National Parks and other legislat ion if they comply with the duty to
have regard to the need to protect th e environment, but only if they expire
before 6 April 2018) substitute—
“(2A) Subsection (2B) applies if the Secretary of State has complied with
subsection (2)(b) in connection with  any particular exercise of the
power to make regulation s under this section.”
Dynamic spectrum access services
8 Regulation of dynamic spectrum access services
(1) After Part 2 of the Wireless Telegraphy Act 2006 insert—
“P
ART 2A
REGULATION  OF DYNAMIC  SPECTRUM  ACCESS  SERVICES
Registration
53A Registration of providers of dynamic spectrum access services
(1) A person who provides, or propos es to provide, a dynamic spectrum
access service may be registered  under this section by OFCOM.
(2) An application for registration under this section—
(a) is to be made to OFCOM, and
(b) must contain such information as OFCOM may reasonably
require.
(3) OFCOM must, from time to ti me as they think fit, publish—
(a) the criteria for determining applications under this section, and
(b) information relating to the rest rictions and conditions to which
registration under this section may be subject.
(4) The criteria published under su bsection (3)(a) may include different
provision for different cases.Digital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure6
(5) Registration under this section is to be for such period, and subject to
such restrictions and cond itions, as OFCOM think fit.
(6) Any such restrictions and conditions are to be contained in a notice in
writing given to the person re gistered under this section.
(7) In this Act “dynamic spectrum access service” means a service that
provides information about—
(a) the availability for use by wi reless telegraphy stations and
wireless telegraphy apparatus of  frequencies that fall within a
frequency band specified in re gulations made by OFCOM, and
(b) the places in which, the powe r at which, the times when and
any conditions subject to whic h such stations and apparatus
may use such frequencies.
53B Revocation and variation of registration
(1) OFCOM may revoke a registration  under section 53A, or vary the
restrictions and conditions to which it is subject—
(a) by notice in writing given to the person regist ered under that
section, or
(b) by a general notice applicable to the class to which the person
belongs, published in such way as appears to OFCOM to beappropriate.
(2) Where OFCOM propose to revoke or vary a registration, they must
give the person registered un der section 53A a notification—
(a) stating the reason for the proposed revocation or variation, and
(b) specifying the period  during which the person notified has an
opportunity to make represen tations about the proposal.
(3) Nothing in subsection (2) applies to a proposal to revoke or vary a
registration if the proposal is made at the request or with the consent of
the person registered under section 53A.
(4) Nothing in this sectio n applies in relation to—
(a) a notification given under section 53E, or
(b) a decision given under section 53G.
53C Register of providers of dynamic spectrum access services
(1) OFCOM must establish and maintain a register for the purposes of this
Part.
(2) The register is to contain—
(a) the names of the persons registered under section 53A, and
(b) such other information relating  to the registration of those
persons as OFCOM co nsider appropriate.
(3) OFCOM may make available to us ers or prospective users of dynamic
spectrum access services such information contained in the register asthey consider appropriate.Digital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure7
Fees
53D Fees for registration etc
(1) Regulations made by OFCOM may provide for OFCOM to charge
fees—
(a) for registering a pe rson under section 53A;
(b) for the continuation in fo rce of such a registration;
(c) for the variation or revoca tion of such a registration;
(d) for anything done by OFCOM in connection with facilitating
the service provided by a person registered under section 53A.
(2) Subsection (1)(d) does not incl ude anything for which OFCOM may
charge under any other enactment.
(3) The fees—
(a) are to be determined by or in  accordance with the regulations,
and
( b ) a r e  t o  b e  p a y a b l e  b y  t h e  p e r s o n  w h o  i s  t o  b e ,  i s  o r  h a s  b e e n
registered under section 53A.
(4) The regulations may—
(a) confer exemptions in particular cases, and
(b) provide for sums paid to be re funded, in whole or in part, in
such cases as may be specified in the regulations or in such casesas OFCOM think fit.
(5) Where OFCOM register a person in circumstances in which sums will
or may subsequently become paya ble under the regulations, OFCOM
may require such security to be give n, by way of deposit or otherwise,
for the payment of those sums as they think fit.
(6) A sum which is required to be paid to OFCOM by virtue of the
regulations must be paid to OFCOM as soon as it becomes payable inaccordance with the regulations and, if it is not paid, is recoverable bythem accordingly.
Enforcement
53E Notification of contravention of registration restrictions or conditions
(1) Where OFCOM determine that there are reasonable grounds for
believing that a person registered under section 53A is contravening, or
has contravened, the restrictions or  conditions subject to which the
person is registered they may give that person a notification under this
section.
(2) A notification under th is section is one which—
(a) sets out the determination made by OFCOM,
(b) specifies the restriction or condition and contravention in
respect of which that determination has been made,
(c) specifies the period  during which the person notified has an
opportunity to make representations,
(d) specifies the steps that OFCO M think should be taken by the
person in order to—
(i) comply with the restriction or condition;Digital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure8
(ii) remedy the consequences of the contravention,
(e) if OFCOM are minded to suspend or revoke the person’s
registration, contains a statement to that effect, and
(f) specifies any penalty which OFCOM are minded to impose in
accordance with section 53F.
(3) A notification under this section—
(a) may be given in respect of more than one contravention, and
(b) if it is given in respect of a continuing contravention, may be
given in respect of any period during which the contraventionhas continued.
(4) Where a notification under this section has been given to a person in
respect of a contravention of a restriction or condition, OFCOM maygive a further notification in respect of the same contravention of thatrestriction or condition if, and only if—
(a) the contravention is one occurrin g after the time of the giving of
the earlier notification,
(b) the contravention is a continuing contravention and the
subsequent notification is in respect of so much of a period asfalls after a period to which the earlier notification relates, or
(c) the earlier notification has been withdrawn without a penalty
having been imposed, or other action taken, in respect of thenotified contravention.
53F Penalties under section 53E
(1) This section applies where a person is given a notification under section
53E that specifies a proposed penalty.
(2) Where the notification relates to  more than one contravention, a
separate penalty may be  specified in respect of each contravention.
(3) Where the notification relates to a continuing contravention, no more
than one penalty may be specifie d in respect of the period of
contravention specified in the notification.
(4) But, in relation to a continui ng contravention, a penalty may be
specified in respect of each day on  which the contravention continues
after—
(a) the giving of a confirmation decision under section 53G which
requires immediate action, or
(b) the expiry of any period spec ified in the confirmation decision
for complying with a re quirement so specified.
(5) The amount of a penalty specified under subsection (4) is to be such
amount, not exceeding £20,000 per day, as OFCOM think—
(a) appropriate, and
(b) proportionate to the contrave ntion in respect of which it is
imposed.
(6) The amount of any other penalty sp ecified under this section is to be
such amount, not exceeding 10% of the relevant amount of grossrevenue, as OFCOM think—
(a) appropriate, andDigital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure9
(b) proportionate to the contrave ntion in respect of which it is
imposed.
53G Enforcement of notification under section 53E
(1) This section applies where—
(a) a person has been given a notification under section 53E,
(b) OFCOM have allowed the person an opportunity to make
representations about the matters notified, and
(c) the period allowed for the making of representations has
expired.
(2) OFCOM may—
(a) give the person a decision  (a “confirmation decision”)
confirming the imposition of requ irements on the person, or the
suspension or revocation of the person’s registration, or both, in
accordance with the notification under section 53E, or
(b) inform the person that they are satisfied with the person’s
representations and that no further action will be taken.
(3) OFCOM may not give a confirmation decision to a person unless, after
considering any representations, they are satisfied that the person has,in one or more of the respects notified, been in contravention of arestriction or condition specified in  the notification under section 53E.
(4) A confirmation decision—
(a) must be given to the person without delay,
(b) must include reasons for the decision,
(c) may require immediate action by the person to comply with
requirements of a kind mentioned in section 53E(2)(d), or mayspecify a period within which the person must comply withthose requirements,
(d) may require the person to pay—
(i) the penalty specified in th e notification under section
53E, or
(ii) such lesser penalty as OFCOM consider appropriate in
the light of the person’s representations or steps takenby the person to comply with the condition or restrictionor remedy the consequences of the contravention, and
(e) may specify the period within which any such penalty is to be
paid.
(5) It is the duty of the person to comply with any requirement imposed by
a confirmation decision.
(6) That duty is enforceable in  civil proceedings by OFCOM—
(a) for an injunction,
(b) for specific performance of a statutory duty under section 45 of
the Court of Sessi on Act 1988, or
(c) for any other appropriate remedy or relief.
(7) A penalty imposed by a confirmation decision—
(a) must be paid to OFCOM, and
(b) if not paid within  the period specified by them, is to be
recoverable by them accordingly.Digital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure10
53H Meaning of “relevant amount of gross revenue”
(1) The relevant amount of gross reve nue for the purposes of section 53F,
in relation to a penalty imposed on a person, is—
(a) where the last accounting period of that person which falls
before the contravention was a period of 12 months, therelevant part of the person’s gr oss revenue for that period, and
(b) in any other case, the amount which, by making any
appropriate apportionments or other adjustments of therelevant part of the person’s gross revenue for the accounting
period or periods mentioned in subsection (2), is computed to
be the amount representing the a nnual rate for the relevant part
of the person’s gross revenue.
(2) The accounting period or periods referred to in subsection (1) are—
(a) every accounting period of th e person to end within the period
of 12 months immediately preceding the contravention, and
(b) if there is no such  accounting period, th e accounting period of
the person which is current at the time of the contravention.
(3) A reference to the rele vant part of a person’s gross revenue, in relation
to a contravention of the restrictions or conditions subject to which theperson is registered under section 53A,  is a reference to so much of the
person’s gross revenue as is attr ibutable to the provision of the
dynamic spectrum access service to which the contravention relates.
(4) For the purposes of this section—
(a) the gross revenue of a person for a period, and
(b) the extent to which a part of a person’s gross revenue is
attributable to the provision of any dynamic spectrum access
service,
is to be ascertained in accordance with  such principles as may be set out
in a statement made by OFCOM.
(5) Such a statement may provide for the amount of a person’s gross
revenue for an accounting period th at is current when the amount falls
to be calculated to be taken to be the amount estimated by OFCOM, inaccordance with the prin ciples set out in the statement, to be the
amount that will be the person’s  gross revenue for that period.
(6) OFCOM may revise a statement ma de under subsection (4) from time
to time.
(7) A statement made or revised under this section may set out different
principles for different cases.
(8) Before making or revising a stat ement under this section, OFCOM must
consult the Secretary of State and the Treasury.
(9) OFCOM must—
(a) publish the statement made un der subsection (4) and every
revision of it, and
(b) send a copy of the statement and of every such revision to the
Secretary of State,
and the Secretary of State must lay co pies of the statem ent and of every
such revision before ea ch House of Parliament.Digital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure11
(10) In this section—
“accounting period”, in relation  to a person, means a period in
respect of which accounts of th e undertaking carried on by the
person are prepared or, if on e such period is comprised in
another, whichever of those periods is or is closest to a 12 month
period;
“gross revenue”, in relation to a person, means the gross revenue
of an undertaking carried  on by that person.
53I Requirement to provide in formation about gross revenue
(1) OFCOM may require a person to wh om a notification has been given
under section 53E to provide them with all such in formation as they
may require for the purpose of ascert aining the person’s gross revenue.
(2) A demand for information requ ired under this section must be
contained in a notice given to the person from whom the information isrequired.
(3) A person required to give inform ation under this se ction must provide
i t  i n  s u c h  m a n n e r  a n d  w i t h i n  s u c h  r e a s o n a b l e  p e r i o d  a s  m a y  b especified by OFCOM.
(4) Sections 53K to 53M apply for the purposes of a requirement imposed
under this section as they apply for the purposes of a requirement
imposed under section 53J.
Information
53J Provision of information to pe rsons registered under section 53A
(1) OFCOM may require a person fallin g within subsection (2) to provide
a person registered under section 53A with all such information as
OFCOM consider necessary and pr oportionate for the purpose of
enabling the registered person to avoid undue interference with
wireless telegraphy.
(2) The persons falling within this subsection are—
(a) a person who is using, or ha s established or used, a wireless
telegraphy station, and
(b) a person who is using, or has installed or used, wireless
telegraphy apparatus.
(3) A demand for information requ ired under this section must be
contained in a notice given to the person from whom the information isrequired.
(4) The notice must—
(a) describe the required information,
(b) specify the manner and form in which it is to be provided,
(c) specify when and (if appropriat e) how frequently it is to be
provided, and
(d) specify to whom it is to be provided.Digital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure12
53K Notification of contraventi on of information requirements
(1) Where OFCOM determine that there are reasonable grounds for
believing that a person is contravening, or has contravened, arequirement imposed under section 53 J, they may give the person a
notification under this section.
(2) A notification under th is section is one which—
(a) sets out the determination made by OFCOM,
(b) specifies the requirement and co ntravention in respect of which
the determination has been made,
(c) specifies the period  during which the person notified has an
opportunity to make representations, and
(d) specifies any penalty which OFCOM are minded to impose in
accordance with section 53L.
(3) A notification under this section—
(a) may be given in respect of more than one contravention, and
(b) if it is given in respect of a continuing contravention, may be
given in respect of any period during which the contraventionhas continued.
(4) Where a notification under this section has been given to a person in
respect of a contravention of a requirement, OFCOM may give a furthernotification in respect of the sa me contravention if, and only if—
(a) the contravention is one occurrin g after the time of the giving of
the earlier notification,
(b) the contravention is a continuing contravention and the
subsequent notification is in respect of so much of a period asfalls after a period to which the earlier notification relates, or
(c) the earlier notification has been withdrawn without a penalty
having been imposed in respect of the notified contravention.
53L Penalties under section 53K
(1) This section applies where a person is given a notification under section
53K that specifies a proposed penalty.
(2) Where the notification relates to  more than one contravention, a
separate penalty may be  specified in respect of each contravention.
(3) Where the notification relates to a continuing contravention, no more
than one penalty may be specifie d in respect of the period of
contravention specified in the notification.
(4) But, in relation to a continui ng contravention, a penalty may be
specified in respect of each day on  which the contravention continues
after—
(a) the giving of a confirmation decision under section 53M(4)(c)
which requires immediate action, or
(b) the expiry of any period spec ified in the confirmation decision
for complying with a re quirement so specified.
(5) The amount of a penalty specified under subsection (4) is to be such
amount, not exceeding £20,000 per day, as OFCOM determine to be—
(a) appropriate; andDigital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure13
(b) proportionate to the contrave ntion in respect of which it is
imposed.
(6) The amount of any other penalty sp ecified under this section is to be
such amount, not exceeding £2 mi llion, as OFCOM determine to be
both—
(a) appropriate; and
(b) proportionate to the contrave ntion in respect of which it is
imposed.
53M Enforcement of notification under section 53K
(1) This section applies where—
(a) a person has been given a notification under section 53K,
(b) OFCOM have allowed the person an opportunity to make
representations about the matters notified, and
(c) the period allowed for the making of representations has
expired.
(2) OFCOM may—
(a) give the person a decision  (a “confirmation decision”)
confirming the imposition of re quirements in accordance with
the notification under section 53K, or
(b) inform the person that they are satisfied with the person’s
representations and that no further action will be taken.
(3) OFCOM may not give a confirmation decision to a person unless, after
considering any representations, they are satisfied that the person has,in one or more of the respects notified, been in contravention of arequirement notified under section 53K.
(4) A confirmation decision—
(a) must be given to the person without delay,
(b) must include reasons for the decision,
(c) may require immediate action by  the person to comply with a
requirement notified under sectio n 53K, or may specify a period
within which the person must comply with the requirement,
(d) may require the person to pay—
(i) the penalty specified in th e notification under section
53L, or
(ii) such lesser penalty as OFCOM consider appropriate in
the light of the person’s representations or steps takenby the person to comply with the requirement orremedy the consequences of  the contravention, and
(e) may specify the period within which any such penalty is to be
paid.
(5) It is the duty of the person to comply with any requirement imposed by
a confirmation decision.
(6) That duty is enforceable in  civil proceedings by OFCOM—
(a) for an injunction,
(b) for specific performance of a statutory duty under section 45 of
the Court of Sessi on Act 1988, or
(c) for any other appropriate remedy or relief.Digital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure14
(7) A penalty imposed by a confirmation decision—
(a) must be paid to OFCOM, and
(b) if not paid within  the period specified by them, is to be
recoverable by them accordingly.”
(2) In section 111(3) of that Act (exemptions from general restriction on
disclosure), after paragraph (c) insert—
“(ca) by OFCOM to a person registered under section 53A for the
purpose of providing the dynamic  spectrum access service in
respect of which the person is registered;”.
(3) In section 115(1) of that Act (general interpretation), at the appropriate place
insert—
““dynamic spectrum access serv ice” has the meaning given by
section 53A;”.
(4) In section 400(1) of the Communications Act 2003 (destination of fees and
penalties)—
(a) in paragraph (d), before “of that  Act” insert “or Part 2A”, and
(b) after that paragraph insert—
“(da) an amount paid to OFCOM in respect of a fee charged
under section 53D of that Act;”.
(5) In Schedule 8 to that Act (decisions not subject to appeal)—
(a) in paragraph 40(a), after “45” insert “, 53A(7), 53D”,
(b) in paragraph 41, for “or 24” su bstitute “, 24 or 53D(6)”, and
(c) in paragraph 43, omit the “or” after paragraph (a) and at the end of
paragraph (b) insert “, or
“(c) section 53H.”
Other regulation of spectrum
9 Penalties for contravention of  wireless telegraphy licences
(1) The Wireless Telegraphy Act 2006 is amended as follows.
(2) In section 42 (special procedure fo r contraventions by multiplex licence
holders), in subsection (1)—
(a) in paragraph (a), for “general multiplex” substi tute “wireless
telegraphy”, and
(b) omit paragraph (b).
(3) At the end of that section insert—
“(7) A contravention is a “relevant multiplex contravention” for the
purposes of section 43 if—
(a) it is a contravention of terms,  provisions or limitations of a
general multiplex licence, and
(b) the contravention relates only to terms, provisions or
limitations that fall within  section 9(4)(b) or (c).”
(4) In the heading of that section, for “multiplex licence holders” substitute
“holders of wireless telegraphy licences”.Digital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure15
(5) In section 43 (amount of penalty under section 42), in subsection (1), after
“section 42” insert “for a relevant mult iplex contravention (s ee subsection (7) of
that section)”.
(6) In that section, after subsection (2) insert—
“(2A) The amount of a penalty imposed under section 42 for a contravention
that is not a relevant multiplex cont ravention is to be such amount not
exceeding 10 per cent of the relevant amount of gross revenue asOFCOM think—
(a) appropriate; and
(b) proportionate to the contrave ntion in respect of which it is
imposed.”
(7) In that section, in subsec tion (3), for “subsection (2)”  substitute “this section”.
(8) Omit section 43A.
(9) In section 44 (relevant amount of gro ss revenue), in subsections (1) and (10),
omit “or 43A”.
(10) In section 400 of the Communications Act 2003 (destination of licence fees and
penalties), in subsection (1)(d), omit “or 43A”.
(11) In Schedule 8 to that Act (decisions not subject to appeal), at the end of
paragraph 44 insert “for a relevant multiplex contravention”.
(12) Omit section 39 of the Digital Economy Act 2010.
(13) The amendments and repeals made by th is section do not apply in relation to—
(a) any contravention which takes place before the day on which this
section comes into force, or
(b) any continuing contravention which began before that day.
10 Fixed penalties under Wire less Telegraphy Act 2006
(1) In paragraph 4(2)(a) of Schedule 4 to the Wireless Telegraphy Act 2006
(suspended enforcement period for purp oses of fixed penalty notice) for “one
month” substitute “28 days”.
(2) The amendment made by this section does not apply in relation to a fixed
penalty notice issued in respect of an offence comm itted before this section
comes into force.
11 Search warrants under Wireless Telegraphy Act 2006
(1) In section 97(3) of the Wireless Tele graphy Act 2006 (period for entering
premises under warrant) fo r “of three months beginnin g with the day after the
date of the warrant” substitute “beginni ng with the grant of the warrant and
ending three months after the end of th e day on which the wa rrant is granted”.
(2) The amendment made by this section does not apply in relation to a warrant
granted in respect of an offence committed before this section comes into force.
12 Disposal of seized property u nder Wireless Telegraphy Act 2006
(1) In section 101 of the Wireless Telegraphy Act 2006 (detention and disposal ofDigital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure16
seized property), for su bsection (5) substitute—
“(5) OFCOM may dispose of the property in such manner as they think fit
if it remains in their possession after the end of the six monthsimmediately following—
(a) the end of the period of de tention authorised by subsection
(2)(a), or
(b) if subsection (2)(b) applies, the end of the day on which the
proceedings referred to in that provision were concluded.”
(2) The amendment made by this sect ion does not apply where the relevant
offence is one commit ted before this section comes into force.
(3) The relevant offence—
(a) where section 101(1)(a) of the Wire less Telegraphy Act 2006 applies, is
the offence in relation to which the warrant is granted;
(b) where section 101(1)(b) of that Act applies, is the offence referred to in
section 99(3) of that Act.
13 Time limits for prosecutions u nder Wireless Telegraphy Act 2006
(1) The Wireless Telegraphy Act 2006 is amended as follows.(2) In section 107 (proceedings and enfo rcement), after subsection (3) insert—
“(3A) For the time limit for bringing  proceedings which are for a summary
offence under section 35 and to which section 41 applies see section41(7).
(3B) The time limit for bringing an y other proceedings for a summary
offence under section 35, 58 or 66 is—
(a) one year from the end of the day on which the prosecutor
becomes aware of evidence which he or she considers sufficientto justify a prosecution for the offence, or
(b) if earlier, three years from the end of the day on which the
offence was committed.
(3C) Section 41(7) and subsection (3B) above have effect despite—
(a) section 127 of the Magistrates’ Courts Act 1980 (time limit for
bringing proceedings for summ ary offences in England and
Wales),
(b) Article 19 of the Magistrates’  Courts (Northern Ireland) Order
1981 (S.I. 1981/1675 (N.I. 26 )) (equivalent provision for
Northern Ireland), and
(c) section 136 of the Criminal Procedure (Scotland) Act 1995
(equivalent provision for Scotland).
(3D) In relation to proceedings in Scotland, subsection (3) of section 136 of
the Criminal Procedure (Scotland) Act 1995 (date when proceedings
deemed to be commenced for the purp oses of that section) applies also
for the purposes of section 41(7 ) and subsection (3B) above.”
(3) In section 41 (proce dure for prosecutions)—
(a) in subsection (3)(b) for “allowed under that section” substitute
“specified under section 39(2)(c ) for making representations”;Digital Economy Act 2017 (c. 30)
Part 2 — Digital infrastructure17
(b) in subsection (7) for the words fr om “allowed” to the end substitute
“specified under section 39(2)(c).”;
(c) for subsection (8) substitute—
“(8) For further provision about prosecutions see section 107.”
(4) The amendments made by this section do not apply in relation to an offence
committed before this section comes into force.
PART 3
ONLINE  PORNOGRAPHY
14 Internet pornography: requirement to  prevent access by persons under 18
(1) A person contravenes this subsecti on if the person makes pornographic
material available on the internet to persons in the United Kingdom on a
commercial basis other than in a way that secures that, at any given time, thematerial is not normally accessible by persons under the age of 18.
(2) The Secretary of State may make regu lations specifying, for the purposes of
this Part, circumstances in which material is or is not to be regarded as madeavailable on a commercial basis.
(3) The regulations may, among other things, prescribe circumstances in which
material made available free of charge is or is not to be regarded as madeavailable on a commercial basis.
(4) Regulations under subsection (2) may provide for circumstances to be treated
as existing where it is reasonab le to assume that they exist.
(5) Regulations 17 to 20 and 22 of the Electronic Commerce (EC Directive)
Regulations 2002 (S.I. 2002/2013) apply in relation to this Part, despiteregulation 3(2) of those Regulations.
(6) For the purposes of this Part, making  material available on the internet does
not include making the content of an on-demand programme service available
on the internet in the course  of providing such a service.
(7) In subsection (6), “on-demand programme service” has the meaning given by
section 368A of the Communications Act 2003.
(8) Regulations under subsection (2) ma y make different provision for different
purposes.
(9) Regulations under subsection (2) are to be made by statutory instrument.
(10) A statutory instrument containing regu lations under subsection (2) is subject
to annulment in pursuance of a resolu tion of either House of Parliament.
(11) But a statutory instrument containing the first regulations under that
subsection may not be made unless a draft of the instrument has been laid
before and approved by a resoluti on of each House of Parliament.
15 Meaning of “pornographic material”
(1) In this Part “pornographic material” (except in the expression “extreme
pornographic material”) me ans any of the following—Digital Economy Act 2017 (c. 30)
Part 3 — Online pornography18
(a) a video work in respect of whic h the video works authority has issued
an R18 certificate;
(b) material that was included in a video work to which paragraph (a)
applies, if it is reasonable to assu me from its nature that its inclusion
was among the reasons why the certificate was an R18 certificate;
(c) any other material if it is reasonable to assume from its nature that any
classification certificat e issued in respect of a video work including it
would be an R18 certificate;
(d) a video work in respect of whic h the video works authority has issued
an 18 certificate, and that it is reasonable to assume from its nature wasproduced solely or principally fo r the purposes of  sexual arousal;
(e) material that was incl uded in a video work to which paragraph (d)
applies, if it is reasonable to assu me from the nature of the material—
(i) that it was produced solely or  principally for the purposes of
sexual arousal, and
(ii) that its inclusion was among th e reasons why the certificate was
an 18 certificate;
(f) any other material if it is reas onable to assume from its nature—
(i) that it was produced solely or  principally for the purposes of
sexual arousal, and
(ii) that any classification certificate issued in respect of a video
work including it would be an 18 certificate;
(g) a video work that the video work s authority has determined not to be
suitable for a classificati on certificate to be issu ed in respect of it, if—
(i) it includes material (other th an extreme pornographic material)
that it is reasonable to assume from its nature was producedsolely or principally for the pu rposes of sexual arousal, and
(ii) it is reasonable to assume from  the nature of that material that
its inclusion was among the reasons why the video works
authority made that determination;
(h) material (other than extreme porn ographic material) that was included
in a video work that the video works authority has determined not tobe suitable for a classification certificat e to be issued in respect of it, if it
is reasonable to assume from  the nature of the material—
(i) that it was produced solely or  principally for the purposes of
sexual arousal, and
(ii) that its inclusion was among the reasons why the video works
authority made that determination;
(i) any other material (other than ex treme pornographic material) if it is
reasonable to assume from the nature of the material—
(i) that it was produced solely or  principally for the purposes of
sexual arousal, and
(ii) that the video works authorit y would determine that a video
work including it was not suitable  for a classification certificate
to be issued in respect of it.
(2) In this section—
“18 certificate” means a classification certificate which—
(a) contains, pursuant to sectio n 7(2)(b) of the Video Recordings
Act 1984, a statement that the video work is suitable for viewing
only by persons who have attained the age of 18 and that noDigital Economy Act 2017 (c. 30)
Part 3 — Online pornography19
video recording containing that work is to be supplied to any
person who has not attained that age, and
(b) does not contain the statement mentioned in section 7(2)(c) of
that Act that no video recording containing the video work is tobe supplied other than in  a licensed sex shop;
“classification certificate” has th e same meaning as in the Video
Recordings Act 1984 (see section 7 of that Act);
“material” means—
(a) a series of visual images sh own as a moving picture, with or
without sound;
(b) a still image or series of still images, with or without sound; or
(c) sound;
“R18 certificate” means a classificati on certificate which contains the
statement mentioned in section 7(2)(c) of the Video Recordings Act1984 that no video recording containing the video work is to besupplied other than in a licensed sex shop;
“the video works authority” means the person or pe rsons designated
under section 4(1) of the Video Recordings Act 1984 as the authorityresponsible for making arrangements in respect of video works otherthan video games;
“video work” means a video work within the meaning of the Video
Recordings Act 1984, other than a video game within the meaning of
that Act.
16 The age-verification regulator: designation and funding
(1) The Secretary of State may by notice designate any person, or any two or more
persons jointly, as the age-verifica tion regulator for the purposes of—
(a) all of the functions of the age-veri fication regulator under this Part, or
(b) any of those functions specified in  the notice by which the designation
is made.
(2) Different persons may be designated for the purposes of different functions.
(3) The Secretary of State may at any time by notice—
(a) revoke a designation under this section;
(b) designate one or more other person s in place of any person or persons
designated unde r this section.
(4) The Secretary of State’s power to designate a person under this section
includes a power to designate the holder  for the time being of any office or
employment specified in the notice by which the designation is made.
(5) The Secretary of State must not make a designation under this section unless
satisfied that—
(a) arrangements will be maintained by  the age-verification regulator for
appeals to which subsection (6) applies, and
(b) any person hearing an appeal under those arrangements will be
sufficiently independent of th e age-verification regulator.
(6) This subsection applies to appeals—
(a) by a person on whom a financial penalty has been imposed under
section 19(1) or (10), against the imposition of that penalty;Digital Economy Act 2017 (c. 30)
Part 3 — Online pornography20
(b) by a person to whom an enforcement notice has been given under
section 19(2), against the giving of that notice;
(c) by a person identified as the non- complying person in a notice given
under section 21, against the giving of that notice;
(d) by an internet service provider to whom a notice has been given under
section 23(1), against the giving of that notice;
(e) by a person identified as the non- complying person in a notice given to
an internet service prov ider under section 23(1), against the giving of
that notice.
(7) A notice under subsecti on (1) or (3) must be published in the London,
Edinburgh and Belfast Gazettes.
(8) The Secretary of State may pay grants  or make loans to the age-verification
regulator to cover expenditure incurred in the carrying out of its functions.
(9) Grants may be paid and loans made under subsection (8 ) subject to any
conditions the Secretary of State thinks appropriate (including conditions as to
repayment).
17 Parliamentary procedure for designa tion of age-verification regulator
(1) Where the Secretary of State proposes to make a designatio n under section 16,
the Secretary of State must lay be fore both Houses of Parliament—
(a) particulars of that proposed designation, and
(b) a statement of the reasons why the Secretary of State is satisfied about
the matters mentioned in section 16(5).
(2) The Secretary of State must not make the proposed designation until after the
end of the period of 40 days beginnin g with the day on which the particulars
of it were laid.
(3) If either House resolves within that period that the Secretary of State should
not make the proposed designation, the Secretary of State must not make it.
(4) But subsection (5) applies, instead of subsections (2) and (3), where the
proposed designation would be—
(a) the first to be made under section 16, or
(b) the first to be made under that section for the purposes of a particular
function.
(5) The Secretary of State may not ma ke the designation unless it has been
approved by a resolution of  each House of Parliament.
(6) But subsections (3) and (5) are without prejudice to the Secretary of State’s
power to lay before Parliament particul ars of further proposed designations in
accordance with this section.
(7) For the purposes of subsection (2)—
(a) where particulars of a proposed de signation are laid before each House
of Parliament on different  days, the later day is to be taken as the day
on which the particulars were laid before both Houses, and
(b) in reckoning any period of 40 days, no account is to be taken of any time
during which Parliament is dissol ved or prorogued or during which
both Houses are adjourned for more than 4 days.Digital Economy Act 2017 (c. 30)
Part 3 — Online pornography21
18 Regulator’s power to  require information
(1) The age-verification regulator may by notice require a relevant person to
provide it with any information which it requires for the purpose of exercising,or deciding whether to exercise , any function un der this Part.
(2) The power in subsection (1) may only be exercised to require a relevant person
to provide information which the age- verification regulator believes the
relevant person has.
(3) A “relevant person” is—
(a) an internet service provider, or
(b) any other person who the age-verification regulator believes to be
involved, or to have been involved , in making pornographic material
available on the internet on a commercial basis to persons in the UnitedKingdom.
(4) A notice under subsec tion (1) must specify—
(a) the form and manner in which the information must be provided; and
( b ) t h e  t i m e  a t  w h i c h ,  o r  p e r i o d  w i thin which, the information must be
provided.
( 5 ) T h e  p o w e r  i n  s u b s e c t i o n  (1) is not exercisable in relation to information in
respect of which a claim to legal prof essional privilege (or, in Scotland,
confidentiality of communications) coul d be maintained in  legal proceedings.
19 Enforcement by regulator of sections 14 and 18
(1) The age-verification re gulator may impose a financial penalty on a person
where it determines that the person—
(a) is contravening or has contravened section 14(1); or
(b) has failed to comply with a requirement to provide information under
section 18.
(2) The age-verification regulator may give  a person an enforc ement notice where
it determines that the person is contravening section 14(1).
(3) The age-verification regulator mu st not make a determination under
subsection (1) or (2) in re lation to a person unless it has allowed that person an
opportunity to make representations ab out why that determination should not
be made.
(4) The age-verification regulator may—
(a) impose a financial pena lty under subsection (1) without also giving an
enforcement notice un der subsection (2);
(b) give an enforcement notice under subsection (2) without also imposing
a financial penalty un der subsection (1).
(5) No financial penalty may be imposed under subsection (1) in respect of a
contravention of section 14(1) if—
(a) the contravention has ceased, and
(b) the limitation period in respec t of the contravention has expired.
(6) For the purposes of subsection (5) the limitation period  in respect of a
contravention expires—Digital Economy Act 2017 (c. 30)
Part 3 — Online pornography22
(a) at the end of the period of three years beginning with  the day on which
the contravention began; or
(b) if sooner, at the end of the period of one year beginning with the day on
which the age-verification regulator became aware of thecontravention.
(7) An “enforcement notice” is a notice which— 
(a) specifies the determination made by the age-verification regulator
under subsection (2); and
(b) requires the person to whom it is given to end the contravention of
section 14(1).
(8) An enforcement notice must—
(a) include reasons for the age-verificati on regulator’s decision to give the
notice; and
(b) fix a reasonable period for ending  the contravention of section 14(1).
(9) A person to whom an enforcement noti ce has been given must comply with it.
(10) If a person contravenes subsection (9), the age-verifica tion regulator may
impose a financial pena lty on that person.
(11) The obligation under subs ection (9) is also enforceable by the age-verification
regulator in civil proceedings—
(a) for an injunction;
(b) for specific performance of a statutory duty under section 45 of the
Court of Session Act 1988; or
(c) for any other appropriate remedy or relief.
(12) The imposition of a financial penalty (“ the first penalty”) on a person in respect
of a contravention of section 14(1) or  subsection (9) does not prevent the
imposition of another fina ncial penalty on that pers on under subsection (1) or
(10) (as the case may be) in respect of any continuation of that contravention
after the first penalty is imposed.
(13) For further provision about financial penalties under this section, see section
20.
20 Financial penalties imposed by regulator
(1) The age-verification re gulator may impose a financial penalty on a person
under section 19(1) or (10) of such amount as the age-verification regulatorconsiders appropriate and proportionate to the contravention, or failure tocomply, in respect of which it is imposed.
(2) But the amount must not exceed wh ichever of the following is greater—
(a) £250,000;
(b) 5% of that person’s qual ifying turnover (if any).
(3) For the purposes of su bsection (2), a person’s “qualifying turnover” is—
(a) the amount of that person’s turn over for that person’s most recent
complete accounting period; or
(b) where the age-verification regula tor is deciding the amount of the
penalty at a time when that person’s first accounting period has not yetended, the amount that the age-veri fication regulator estimates to be
that person’s likely turnover for that period.Digital Economy Act 2017 (c. 30)
Part 3 — Online pornography23
(4) For the purposes of subsection (3), the amount of a pers on’s turnover for an
accounting period is, in the event of a disagreement between  that person and
the age-verification regulator, the amou nt determined by the age-verification
regulator. 
(5) In deciding the amount of the financia l penalty, the age-ve rification regulator
must have regard to the guidelines or  revised guidelines in force under this
section.
(6) A financial penalty under section 19(1) or (10) must be imposed by notice given
to the person on whom the penalty is imposed.
(7) The notice must—
(a) fix a time by which the penalty must be paid by that person to the age-
verification regulator; and
(b) in the case of a financial penalty under subsection (1) of section 19,
specify the determination made by th e age-verification regulator under
that subsection.
(8) A financial penalty received by the age-verification regulator must be paid into
the Consolidated Fund.
(9) The age-verification regulator must publish the guidelines it proposes to
follow in deciding the amount of a financial penalty under section 19(1) or (10).
(10) The age-verification regulator may revise the guidelines from time to time and
must publish any re vised guidelines.
(11) The guidelines and any re vised guidelines must be published in whatever way
the age-verification regulator considers appropriate for bringing them to the
attention of the persons who,  in its opinion, are likely to be affected by them.
(12) The Secretary of State must lay before both Houses of Parliament the
guidelines, and any revised guidelin es, published under this section.
(13) Before publishing the guidelines or any revised guidelines , the age-verification
regulator must consult—
(a) the Secretary of State; and
(b) such other persons as it considers appropriate.
(14) Before deciding how to publish the gu idelines or any revi sed guidelines, the
age-verification regulator must consult the Secretary of State.
(15) In subsection (3)—
“accounting period”, in relation to a person, means a period in respect of
which accounts are prepared in rela tion to that person or, where that
person is an individual, in respect of that person’s principal business;
“turnover”, in relation to a person , means the amounts derived from the
provision of goods and services by th at person, after deduction of trade
discounts, value added tax and any other taxes based on the amounts
so derived.
21 Notice by regulator to payment-servi ces providers and ancillary service 
providers
(1) Where the age-verification regulator considers that a person (“the non-
complying person”) is—Digital Economy Act 2017 (c. 30)
Part 3 — Online pornography24
(a) contravening section 14(1); or
(b) making extreme pornographic mate rial available on the internet to
persons in the United Kingdom,
it may give notice of that fact to an y payment-services pr ovider or ancillary
service provider.
(2) A notice under su bsection (1) must—
(a) identify the non-complying person in such manner as the age-
verification regulator considers appropriate;
(b) state whether it is subsection (1)(a ) that applies or subsection (1)(b) or
both;
(c) provide such further particulars as the age-verification regulator
considers appropriate.
(3) When the age-verification regulator gi ves notice under this section, it must
inform the non-complying person, by notice, that it has done so.
(4) In this section a “payment-services provider” means a pe rson who appears to
the age-verification regulator to provide services, in the course of a business,
which enable funds to be transferred in connection with the payment by anyperson for access to pornographic mate rial or extreme pornographic material
made available on the internet by the non-complying person.
(5) In this section an “ancillary service provider” means a person, other than a
payment-services provider, who appears to the age-verification regulator to—
(a) provide, in the course of a business , services which enable or facilitate
the making available of pornog raphic material or extreme
pornographic material on the intern et by the non-complying person; or
(b) advertise, on or via any internet site operated by the non-complying
person or via any other means of accessing the internet operated or
provided by that person , any goods or services provided in the course
of a business.
(6) For the purposes of subsection (5)(b), a means of accessing the internet does not
include a device or othe r equipment for doing so.
22 Meaning of “extreme pornographic material”
(1) In this Part “extreme pornographic ma terial” means (subject to subsection (3))
material—
( a ) w h o s e  n a t u r e  i s  s u c h  t h a t  i t  i s  r e a s o n a b l e  t o  a s s u m e  t h a t  i t  w a s
produced solely or principally for th e purposes of sexu al arousal, and
(b) which is extreme.
(2) For the purposes of subsection  (1)(b), material is extreme if—
(a) its content is as described in sectio n 63(7) or (7A) of the Criminal Justice
and Immigration Act 2008, and
(b) it is grossly offensive, disgusting or otherwise of an  obscene character.
(3) Material to which paragraphs (a) and (b ) of subsection (1) apply is not “extreme
pornographic material” if it is or was included in a classified video work,unless it is material to which subsection (4) applies.
(4) This subsection applies to material—
(a) which has been extracted from  a classified video work, andDigital Economy Act 2017 (c. 30)
Part 3 — Online pornography25
( b ) w h o s e  n a t u r e  i s  s u c h  t h a t  i t  i s  r e a s o n a b l e  t o  a s s u m e  t h a t  i t  w a s
extracted (with or without other mate rial) solely or principally for the
purposes of sexual arousal.
(5) In this section—
(a) “classified video work” means a video work in respect of which a video
works authority has issued a classification certificate;
(b) “video work” means a video work within the meaning of the Video
Recordings Act 1984;
(c) “video works authority” means a pe rson designated under section 4(1)
of the Video Recordings Act 1984;
(d) “classification certificate” has the same meaning as in the Video
Recordings Act 1984 (see section 7 of that Act);
(e) “material” means—
(i) a still image or series of still images, with or without sound; or
(ii) a series of visual images sh own as a moving picture, with or
without sound.
23 Regulator’s power to require internet service providers to block access to 
material
(1) Where the age-verification regulator considers that a person (“the non-
complying person”) is—
(a) contravening section 14(1), or
(b) making extreme pornographic mate rial available on the internet to
persons in the United Kingdom,
it may give a notice under this subsec tion to any internet service provider.
(2) The notice must—
(a) identify the non-complying person in such manner as the age-
verification regulator considers appropriate;
(b) state whether it is subsection (1)(a ) that applies or subsection (1)(b) or
both;
(c) require the internet service provider—
(i) to take steps specified in the notice, or
(ii) (if no such steps are specified)  to put in place arrangements that
appear to the provider to be appropriate,
s o  a s  t o  p r e v e n t  p e r s o n s  i n  t h e  U n i t e d  K i n g d o m  f r o m  b e i n g  a b l e  t o
access the offending material using the service it provides;
(d) provide such information as the regulator considers may assist the
internet service provider in comp lying with any requirement imposed
by the notice;
(e) provide information about the arrangements for appeals to which
section 16(6)(d) applies;
(f) provide such further particulars as  the regulator considers appropriate.
(3) The steps that may be specified or arra ngements that may be  put in place under
subsection (2)(c) include steps or arrangements that will or may also have theeffect of preventing persons in the United Kingdom from being able to accessmaterial other than the offending materi al using the service provided by the
internet service provider.Digital Economy Act 2017 (c. 30)
Part 3 — Online pornography26
(4) The notice may require the internet service provider to provide information
specified in the notice, in a manner spec ified in the notice, to persons in the
United Kingdom who—
(a) attempt to access the offending ma terial using the service provided by
the provider, and
(b) are prevented from doing so as a re sult of steps taken, or arrangements
put in place, by the provid er pursuant to the notice.
(5) The notice may specify the time by which the internet service provider must
have complied with any requir ement imposed by the notice.
(6) The notice may be varied or revoked by a further notice under subsection (1).
(7) The age-verification regulator may pu blish, in whatever  way it considers
appropriate, a notice given under subsection (1).
(8) It is the duty of an internet service provider to comply with any requirement
imposed on it by a notice under subsection (1).
(9) That duty is enforcea ble in civil proceedings by the age-verification
regulator—
(a) for an injunction;
(b) for specific performance of a statutory duty under section 45 of the
Court of Session Act 1988; or
(c) for any other appropriate relief or remedy.
(10) Before giving a notice to an internet service provider under subsection (1), the
age-verification regulator must—
(a) inform the Secretary of State of its decision to do so, and
(b) give notice of that decision to  the non-complying person under this
subsection.
(11) A notice under subsection (10) (other than notice of a decision to revoke a
notice under subsection (1)) must—
(a) where subsecti on (1)(a) applies—
(i) say why the regulator considers that the non-complying person
is contravening section 14(1), and
(ii) indicate what steps the regu lator considers might be taken by
the non-complying person to comply with that section;
(b) where subsection (1)(b) applies, say why the regula tor considers that
the offending material is ex treme pornographic material;
(c) indicate the circumstances in which the regulator may consider
revoking the notice it has decided to  give under subsec tion (1) and the
manner in which the non-complying person may notify the regulator ofsteps taken to satisfy the regulator th at the notice ought to be revoked;
(d) provide information about the arrangements for appeals to which
section 16(6)(e) applies.
(12) In this section “the offending material ”, in relation to a non-complying person,
means the material which the age-verification regulator considers is—
(a) being made available in contravention of section 14(1) by the non-
complying person; or
(b) extreme pornographic material which the non-complying person is
making available on the internet to persons in the United Kingdom.Digital Economy Act 2017 (c. 30)
Part 3 — Online pornography27
24 No power to give notice under secti on 23(1) where detrimental to national 
security etc
(1) Before giving a notice under section 23(1) requiring an internet service
provider to—
(a) take steps referred to in section 23(2)(c)(i), or
(b) put in place arrang ements referred to in section 23(2)(c)(ii),
the regulator must consider whether the steps or arrangements would be likely
to be detrimental to a matter mentioned in subsection (3).
(2) The regulator may not give a notice under section 23(1) where it appears to the
regulator that the steps or arrangements  would be likely to be detrimental to
any of those matters.
(3) The matters are—
(a) national security;
(b) the prevention or detection of se rious crime, within the meaning given
in section 263(1) of the Investigatory Powers Act 2016;
( c ) t h e  p r e v e n t i o n  o r  d e t e c t i o n  o f  a n  o f f e n c e  l i s t e d  i n  S c h e d u l e  3  t o  t h e
Sexual Offences Act 2003.
25 Guidance to be published by regulator
(1) Subject to the following provisions of this section, the age-verification
regulator must publish, and revise from time to time—
(a) guidance about the types of arrangements for making pornographic
material available that the regula tor will treat as complying with
section 14(1); and
(b) guidance for the purposes of section 21(1) and (5) about the
circumstances in which it will treat se rvices provided in the course of a
business as enabling or facilitating the making available ofpornographic material or ex treme pornographic material.
(2) Once the regulator has prepared a draf t of guidance it proposes to publish
under subsection (1)(a), it  must submit the draft to the Secretary of State.
(3) When draft guidance is submitted to the Secretary of State under subsection
(2), the Secretary of State must lay that  draft guidance before both Houses of
Parliament.
(4) Once the regulator has prepared a draf t of guidance it proposes to publish
under subsection (1)(b ), it must submit the draft to the Secretary of State for
approval.
(5) When draft guidance is submitted to the Secretary of State under subsection
(4), the Secretary of State may approve it either without modification or with
such modifications as the Secretary of State decides should be made to it.
(6) Once the Secretary of State has approved draft guidance under subsection (5),
the Secretary of State must lay th e following before both Houses of
Parliament—
(a) the draft guidance, incorporatin g any modifications the Secretary of
State has decided should be made to it under that subsection, and
(b) if the draft incorporates such modifications, a statement of the
Secretary of State’s reasons for deciding that those modificationsshould be made.Digital Economy Act 2017 (c. 30)
Part 3 — Online pornography28
(7) If, within the period of 40 days begi nning with the day on which draft guidance
is laid before Parliament under subsection  (3) or (6), either House resolves not
to approve that draft guidance, the age-verification regulator must not publishguidance in the form of that draft.
(8) If no such resolution is made within that period, the age-verification regulator
must publish the guidance in the form of the draft laid before Parliament.
(9) But subsection (11) applies, instead of  subsections (7) and (8), in a case falling
within subsection (10).
(10) The cases falling within this subsection are—
(a) the case where draft guidance is laid before Parliament under
subsection (3) and no previous gu idance has been published under
subsection (1)(a) by the age- verification regulator; and
(b) the case where draft guidance is laid before Parliament under
subsection (6) and no previous gu idance has been published under
subsection (1)(b) by the ag e-verification regulator. 
(11) The regulator must not pu blish guidance in the form  of the draft laid before
Parliament unless the draft has been a pproved by a resolution of each House
of Parliament.
(12) Subsections (7) and (11) do not prevent new draft guidance from being laid
before Parliament.
(13) For the purposes of subsection (7)—
(a) where draft guidance is laid before each House of Parliament on
different days, the later day is to be  taken as the day on which it was
laid before both Houses, and
(b) in reckoning any period of 40 days, no account is to be taken of any time
during which Parliament is dissol ved or prorogued or during which
both Houses are adjourned for more than 4 days.
(14) References in this section to guidance  and draft guidance include references to
revised guidance and draft revised guidance.
26 Exercise of functions by regulator
(1) The age-verification regulator may, if it  thinks fit, choose to exercise its powers
under sections 19, 21 and 23 principally in relation to pers ons who, in the age-
verification regulator’s opinion—
(a) make pornographic material or  extreme pornographic material
available on the internet on a comm ercial basis to a large number of
persons, or a large number of person s under the age of 18, in the United
Kingdom; or
(b) generate a large amount of turnover by doing so.
(2) The age-verification regulator may—
(a) carry out such consultation with an y person as it considers appropriate
for the purposes of exercising, or considering whether to exercise, any
function unde r this Part;
(b) carry out, commission or suppo rt (financially or otherwise) any
research which it considers appropri ate for the purposes  of exercising,
or considering whether to exercise, any function under this Part;
(c) publish the results of that research.Digital Economy Act 2017 (c. 30)
Part 3 — Online pornography29
27 Guidance by Secretary of State to regulator
(1) The Secretary of State may issue guidance to the age-verification regulator in
relation to the exercise of the regulato r’s functions, and may from time to time
revise that guidance.
(2) The guidance may cover (among other things) the following matters—
(a) considerations to be applied in determining—
(i) whether arrangements for making pornographic material
available comply with section 14(1);
(ii) whether a person is an anci llary service provider, for the
purposes of section 21; 
(b) the approach to be taken by the re gulator to the exercise of its powers
to give notices under sections 19, 21 and 23;
(c) the preparation and publication of guidance and reports by the
regulator and the content of  such guidance and reports;
(d) the maintenance by the regula tor of arrangements meeting the
requirements of sect ion 16(5)(a) and (b).
(3) The regulator must have  regard to the guidance.
(4) The Secretary of State must lay before both Houses of Parliament the guidance,
and any revised guidance, is sued under this section.
28 Requirements for notices given by regulator under this Part
(1) The age-verification regulator may give notice to a person under section 18, 19,
20, 21 or 23 by sending the notice to that person—
(a) by post to that person’s proper address; or
(b) by email to that pe rson’s email address.
(2) In the case of a notice given under sect ion 18, 21(1) or 23(1 ), a person’s proper
address for the purposes of subsection (1 )(a), and section 7 of the Interpretation
Act 1978 in its application to that subsection, is— 
(a) where that person is a body corp orate, the address of its registered
office or principal office;
(b) where that person is a partnership or an unincorporated association or
body, the address of its principal office;
(c) in any other case, that person’s last known address.
(3) In the case of a notice given under section 19, 20, 21(3) or 23(10), a person’s
proper address for the purposes of su bsection (1)(a), and section 7 of the
Interpretation Act 1978 in its applicatio n to that subsection, is any address at
which the age-verification regulator believes, on reasonable grounds, that thenotice will come to the attention of that person or (where that person is a body
corporate) any director or othe r officer of that body corporate.
(4) For the purposes of subsection (1)(b), a person’s email address is—
(a) any email address published for th e time being by that person as an
address for contacting that person; or
(b) if there is no such published ad dress, any email address by means of
which the age-verification regulato r believes, on re asonable grounds,
that the notice will come to the attention of that person or (where that
person is a body corporate) any dire ctor or other officer of that body
corporate.Digital Economy Act 2017 (c. 30)
Part 3 — Online pornography30
(5) A notice under section 18, 19, 20, 21 or 23 sent to a person by email is to be taken
to have been given to that pers on 48 hours after it is sent.
(6) In the case of—
(a) a body corporate registered outside the United Kingdom;
(b) a partnership carrying on busine ss outside the United Kingdom; or
(c) an unincorporated association or body with offices outside the United
Kingdom,
the references in subsection  (2) to its principal office  include references to its
principal office in the United Kingdom (if any).
(7) In this section—
“director” includes any person occu pying the position of a director, by
whatever name called;
“officer”, in relation to a body corporate, includes a director, a manager, a
secretary or, where the affairs of th e body corporate are managed by its
members, a member.
29 Report on this Part
(1) Within 18 months, but not before 12 months, of the coming into force of this
Part, the Secretary of State must produce a report on the impact andeffectiveness of the regulatory fram ework provided for in this Part.
(2) Before publishing this report, the Secretary of State must consult on the
definitions used within this Part.
(3) The report must be laid before each House of Parliament.
30 Interpretation and general pr ovisions relating to this Part
(1) In this Part—
“the age-verification regulator” me ans the person or persons designated
as the age-verification re gulator under section 16;
“extreme pornographic material” has the meaning given in section 22;“internet service provider” means a prov ider of an internet access service
within the meaning given in Article 2 of Regulation (EU) 2015/2120 ofthe European Parliament and of the Council of 25 November 2015;
“pornographic material” has the meaning given in section 15;
“turnover” has the meaning given in section 20(15).
(2) Section 22(3) of the Vide o Recordings Act 1984 (effect of alterations) applies for
the purposes of this Part as it a pplies for the purposes of that Act.
(3) Nothing in this Part affects any prohibition or restriction in relation to
pornographic material or extreme pornog raphic material, or powers in relation
to such material, under another enactment or a rule of law.
P
ART 4
INTELLECTUAL  PROPERTY
31 Lending of e-books by public libraries
(1) In section 5(2) of the Public Lending Right Act 1979 (interpretation) for theDigital Economy Act 2017 (c. 30)
Part 4 — Intellectual Property31
definition of “lent out” substitute—
““lent out” means made available to a member of the public for use
away from library premises fo r a limited time (including by
being communicated by means of electronic transmission to aplace other than library premises) and “loan” and “borrowed”are to be read accordingly;”.
(2) Section 40A of the Copyright, Design s and Patents Act 1988 (lending of copies
by libraries or archives ) is amended as follows.
(3) After subsection (1) insert—
“(1ZA) Subsection (1) applies to an e- book or an e-audi o-book only if—
(a) the book has been lawfully  acquired by the library, and
(b) the lending is in compliance with any purchase or licensing
terms to which the book is subject.”
(4) In subsection (1A)—
(a) for “subsection (1)” substitu te “subsections (1) and (1ZA)”;
(b) after paragraph (a) insert—
“(aa) “e-audio-book” means an audio-book (as defined in
paragraph (a)) in a form enabling lending of the book byelectronic tr ansmission,”.
32 Offences: infringing copyright and making available right
(1) The Copyright, Designs and Patents Act 1988 is amended as follows.(2) In section 107 (criminal liability for maki ng or dealing with infringing articles,
etc), for subsection (2A) substitute—
“(2A) A person (“P”) who infringes co pyright in a work by communicating
the work to the public commits an offence if P—
(a) knows or has reason to believe that P is infringing copyright in
the work, and
(b) either—
(i) intends to make a gain for P or another person, or
(ii) knows or has reason to be lieve that communicating the
work to the public will caus e loss to the owner of the
copyright, or will expose the owner of the copyright to arisk of loss.
(2B) For the purposes of subsection (2A)—
(a) “gain” and “loss”—
(i) extend only to gain or loss in money, and
(ii) include any such gain or  loss whether temporary or
permanent, and
(b) “loss” includes a loss by not getting what one might get.”
(3) In subsection (4A)(b) of that se ction, for “two” substitute “ten”.
(4) In section 198 (criminal liability fo r making, dealing with or using illicit
recordings), for subsec tion (1A) substitute—
“(1A) A person (“P”) who infringes a performer’s making available right in a
recording commits an offence if P—Digital Economy Act 2017 (c. 30)
Part 4 — Intellectual Property32
(a) knows or has reason to believe th at P is infringing the right, and
(b) either—
(i) intends to make a gain for P or another person, or
(ii) knows or has reason to belie ve that infringing the right
will cause loss to the owner of the right, or expose theowner of the right to a risk of loss.
(1B) For the purposes of subsection (1A)—
(a) “gain” and “loss”—
(i) extend only to gain or loss in money, and
(ii) include any such gain or  loss whether temporary or
permanent, and
(b) “loss” includes a loss by not getting what one might get.”
(5) In subsection (5A)(b) of that se ction, for “two” substitute “ten”.
(6) The amendments made by this sectio n do not apply in relation to offences
committed before this section comes into force.
33 Registered designs: infringement: marking product with internet link
(1) Section 24B of the Registered Desi gns Act 1949 (exemption of innocent
infringer from liability) is amended as follows.
(2) In subsection (2) (defen dant not deemed to have been aware etc that design
was registered by reason of the marking of the product unless it includes the
number of the design), after “the number of the design” insert “or a relevantinternet link”.
(3) After that subsection insert—
“(2A) The reference in subsection (2) to a relevant internet link is a reference
to an address of a posting on the internet—
(a) which is accessible to th e public free of charge, and
(b) which clearly associates the product with the number of the
design.”
34 Copyright etc where broadcast retransmitted by cable
(1) In the Copyright, Designs and Patents Act 1988 the following are repealed—
(a) sections 73 and 73A (copyright  not infringed where broadcast
retransmitted by cable);
(b) paragraphs 19 and 19A of Schedule 2 (rights in relation to performance
or recording not infringed where br oadcast retransmit ted by cable).
(2) In consequence the following are repealed or revoked—
(a) in the Copyright, Designs and Patents Act 1988—
(i) in section 134, subsection (3A) and, in subsection (1), the words
“Subject to subsection (3A)”;
(ii) section 149(za);
(iii) section 205B(1)(cc);
(b) in the Broadcasting Act 1996, section 138 and Schedule 9;
(c) in the Copyright and Related Rights Regulations 2003 (S.I. 2003/2498),
regulation 22.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery33
PART 5
DIGITAL  GOVERNMENT
CHAPTER  1
PUBLIC  SERVICE  DELIVERY
35 Disclosure of information to improve public service delivery
(1) A specified person may disclose inform ation held by the person in connection
with any of the person’s functions to another specified person for the purposesof an objective which is a specified ob jective in relation to each of those
persons.
(2) In this section “specified person” means a person specified, or of a description
specified, in Schedule 4.
(3) The appropriate national authority ma y by regulations amen d Schedule 4 so as
to add, remove or modify an entry relating to a person or description of person.
(4) Regulations under subsection (3) may add an entry relating to a person or a
description of person to Schedule 4 only if—
(a) the person is a public authority or  (as the case may be) each person of
that description is a public authority, or
(b) the person provides services to a public authority or (as the case may
b e )  e a c h  p e r s o n  o f  t h a t  d e s c r i p t i o n  p r o v i d e s  s e r v i c e s  t o  a  p u b l i cauthority.
(5) In the case of a person (“P”) who is  a specified person merely because of
providing services to a public authority,  the reference in su bsection (1) to the
functions of a specified person is limi ted to the functions P exercises for that
purpose.
(6) In determining whether to make regulati ons under subsection (3) in relation to
a person or description of person the appropriate national authority must have
regard, in particular, to—
(a) the systems and procedures for th e secure handling of information by
that person or persons of that description, and
(b) in the case of regulations which remove a person from Schedule 4
whether that person, or any person providing services to that person,
has had regard to the code of practi ce under section 43 as required by
that section.
(7) In this section “specified objective”, in  relation to a specified person, means an
objective specified in relation to that specified person in regulations made by
the appropriate national authority.
(8) An objective may be spec ified by regulations under subsection (7) only if it
complies with the following conditions.
(9) The first condition is that the objective has as its purpose—
(a) the improvement or targeting of a public service provided to
individuals or households, or
(b) the facilitation of the provision of a benefit (whether or not financial) to
individuals or households.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery34
(10) The second condition is that the obje ctive has as its purp ose the improvement
of the well-being of indi viduals or households.
(11) The reference in su bsection (10) to the well-being  of individuals or households
includes—
(a) their physical and mental health and emotional well-being,
(b) the contribution made by them to society, and
(c) their social and economic well-being.
(12) The third condition is that the object ive has as its purpose the supporting of—
(a) the delivery of a specif ied person’s functions, or
(b) the administration, monitoring or  enforcement of a specified person’s
functions.
36 Disclosure of information to gas and electricity suppliers etc
(1) If the first and second conditions ar e met, a specified person may disclose
information held by the person in connection with any of the person’s
functions to—
(a) a licensed gas supplier, or
(b) a licensed electricity supplier.
(2) The first condition is that the disclosure is for the purpose of assisting people
living in fuel poverty by—
(a) reducing their energy costs,
(b) improving efficiency in their use of energy, or
(c) improving their health or financial well-being.
(3) The second condition is that the inform ation is disclosed wi th the intention that
it will be used by the recipient of the information in connection with—
(a) a support scheme under Part 2 of the Energy Act 2010 (schemes for
reducing fuel poverty),
(b) in the case of a disclosure to a licensed gas supplier, an obligation
imposed by an order under section 33BC or 33BD of the Gas Act 1986(powers to impose obligations on gas suppliers etc), 
(c) in the case of a disclosure to a li censed electricity supplier, an obligation
imposed by an order under section 41A or 41B of the Electricity Act
1989 (powers to impose obligations on electricity suppliers etc), or
(d) the making of grants (by any pers on) under section 15 of the Social
Security Act 1990 in accordance wi th regulations under that section
made by the Scottish Ministers or the Welsh Ministers.
(4) In this section and section 37 “specified  person” means a person specified, or of
a description specified, in Schedule 5.
(5) The appropriate national authority may by regulations—
(a) amend Schedule 5 so as to add, re move or modify an entry relating to
a person or description of person;
(b) amend subsection (1) so as to add or remove a person  or description of
person to whom information may be disclosed;
(c) amend subsection (3) so as to add,  modify or remove a reference to a
fuel poverty measure.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery35
(6) Regulations under subsection (5)(a) may add an entry relating to a person or a
description of person to Schedule 5 only if—
(a) the person is a public authority or  (as the case may be) each person of
that description is a public authority, or
(b) the person provides services to a public authority or (as the case may
b e )  e a c h  p e r s o n  o f  t h a t  d e s c r i p t i o n  p r o v i d e s  s e r v i c e s  t o  a  p u b l i cauthority.
(7) Regulations under subsec tion (5)(b) may add a pe rson or a description of
person to subsection (1) only if the pe rson or (as the case may be) each person
of that description—
(a) provides assistance of a kind mentioned in subsection (2) to people
living in fuel poverty,
(b) monitors or enforces th e provision of such assistance to such people,
(c) administers a fuel  poverty measure, or
(d) provides services to a person within paragraph (a), (b) or (c).
(8) In determining whether to  make regulations under su bsection (5)(a) or (b) in
relation to a person or description of person the appropriate national authority
must have regard, in particular, to—
(a) the systems and procedures for th e secure handling of information by
that person or persons of that description, and
(b) in the case of regulations which remove a person from Schedule 5 or
subsection (1), whether that person , or any person providing services
to that person, has had regard to the code of practice under section 43as required by that section.
(9) In the case of a person (“P”) who is  a specified person merely because of
providing services to a public authority,  the reference in su bsection (1) to the
functions of a specified person is limi ted to the functions P exercises for that
purpose.
(10) For the purposes of this Chapter a pers on lives in fuel pove rty if the person is
a member of a household living on a lo wer income in a home which cannot be
kept warm at a reasonable cost.
(11) In this section—
“fuel poverty measure” means—
(a) a scheme, arrangement or set of arrangements, or
(b) a function or set of functions,
which has as its purpose (or one of its purposes) the provision of
assistance of a kind mentioned in su bsection (2) to people living in fuel
poverty;
“licensed gas supplier” means the hold er of a licence under section 7A(1)
of the Gas Act 1986;
“licensed electricity supplier” means th e holder of a licence under section
6(1)(d) of the Electricity Act 1989.
37 Disclosure of information by ga s and electricity suppliers etc
(1) If the condition in subsection (2) is met, a person to whom information may be
disclosed under section 36 may disclose information held by that person to aspecified person.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery36
(2) That condition is that the disclosure is  for the purpose of assisting people living
in fuel poverty in England and Wales or Scotland by—
(a) reducing their energy costs,
(b) improving efficiency in their use of energy, or
(c) improving their health or financial well-being.
38 Disclosure of information to water and sewerage undertakers etc
(1) If the first and second conditions ar e met, a specified person may disclose
information held by the person in connection with any of the person’s
functions to—
(a) a water or sewerage undertaker fo r an area which is wholly or mainly
in England, or
(b) a water or sewerage undertaker fo r an area which is wholly or mainly
in Wales.
(2) The first condition is that the disclosure is for the purpose of assisting people
living in water poverty by—
(a) reducing their water or sewerage costs,
(b) improving efficiency in their use of water, or
(c) improving their health or financial well-being.
(3) The second condition is that the inform ation is disclosed wi th the intention that
i t  w i l l  b e  u s e d  b y  t h e  u n d e r t a k e r  in connection with provision in the
undertaker’s charges scheme under section 143 of the Water Industry Act 1991which is included in that scheme—
(a) in compliance with regulations under section 143A of that Act which
impose requirements with in subsection (2)(d) of that section (power for
regulations to require charges schemes to make special provision for
particular classes of individual), or
(b) by virtue of section 44 of the Flood and Water Management Act 2010
(social tariffs).
(4) In this section and section 39 “specified  person” means a person specified, or of
a description specified, in Schedule 6.
(5) The appropriate national authority may by regulations—
(a) amend Schedule 6 so as to add, re move or modify an entry relating to
a person or description of person;
(b) amend subsection (1) so as to add or remove a person  or description of
person to whom information may be disclosed;
(c) amend subsection (3) so as to add,  modify or remove a reference to a
water poverty measure.
(6) Regulations under subsection (5)(a) may add an entry relating to a person or a
description of person to Schedule 6 only if—
(a) the person is a public authority or  (as the case may be) each person of
that description is a public authority, or
(b) the person provides services to a public authority or (as the case may
b e )  e a c h  p e r s o n  o f  t h a t  d e s c r i p t i o n  p r o v i d e s  s e r v i c e s  t o  a  p u b l i cauthority.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery37
(7) Regulations under subsec tion (5)(b) may add a pe rson or a description of
person to subsection (1) only if the pe rson or (as the case may be) each person
of that description—
(a) provides assistance of a kind mentioned in subsection (2) to people
living in water poverty,
(b) monitors or enforces th e provision of such assistance to such people,
(c) administers a water poverty measure, or
(d) provides services to a person within paragraph (a), (b) or (c).
(8) In determining whether to  make regulations under su bsection (5)(a) or (b) in
relation to a person or description of person the appropriate national authority
must have regard, in particular, to—
(a) the systems and procedures for th e secure handling of information by
that person or persons of that description, and
(b) in the case of regulations which remove a person from Schedule 6 or
subsection (1), whether that person , or any person providing services
to that person, has had regard to the code of practice under section 43as required by that section.
(9) In the case of a person (“P”) who is  a specified person merely because of
providing services to a public authority,  the reference in su bsection (1) to the
functions of a specified person is limi ted to the functions P exercises for that
purpose.
(10) For the purposes of this Chapter a pe rson lives in water poverty if the person
is a member of a household living on  a lower income in a home which—
(a) cannot be supplied with water at a reasonable cost, or
(b) cannot be supplied with sewerage  services at a reasonable cost.
(11) In this section “water poverty measure” means—
(a) a scheme, arrangement or set of arrangements, or
(b) a function or set of functions,
which has as its purpose (or one of its purposes) the provisio n of assistance of
a kind mentioned in subsection (2) to people living in water poverty.
39 Disclosure of information by wa ter and sewerage  undertakers etc
(1) If the condition in subsection (2) is met, a person to whom information may be
disclosed under section 38 may disclose information held by that person to aspecified person.
(2) That condition is that the disclosure is  for the purpose of assisting people living
in water poverty in England and Wales by—
(a) reducing their water or sewerage costs,
(b) improving efficiency in their use of water, or
(c) improving their health or financial well-being.
40 Further provisions about disclosures  under any of sections 35 to 39
(1) Personal information disclosed under any of sections 35 to 39 may only be used
by the person to whom it  is disclosed for the pu rposes for which it was
disclosed, subject to subsection (2).
(2) Subsection (1) does not prevent th e use of information by a person—Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery38
(a) if the information has already lawfully been made available to the
public,
(b) if the person to whom the informat ion relates consents to its use for
another purpose,
(c) for the prevention or detection of crime or the prevention of anti-social
behaviour,
(d) for the purposes of a criminal investigation,
(e) for the purposes of legal proceedin gs (whether civil or criminal), or
(f) for the purposes of—
(i) preventing serious physical harm to a person,
(ii) preventing loss of human life,
(iii) safeguarding vulnerab le adults or children,
(iv) responding to an emergency, or
(v) protecting national security.
(3) In subsection (2)(c) “anti-social  behaviour” means conduct that—
(a) is likely to cause harassment, alarm or distress to any person, or
(b) is capable of causing nuisance or annoyance to a person in relation to
that person’s occupation of residential premises.
(4) Subsection (2) does not apply to in formation disclosed to a person under
section 35, 36 or 38 by the Revenue and Customs; but such information may beused by that person for purposes other than those for which it was disclosedwith the consent of the Commissioners for Her Majesty’s Revenue andCustoms (which may be general or specific).
(5) For the purposes of this Chapter in formation is “personal information” if—
(a) it relates to and identifies a pa rticular person (including a body
corporate), but
(b) it is not information about the inte rnal administrative arrangements of
a specified person or a person to whom information may be disclosed
under section 36 or 38.
(6) For the purposes of subs ection (5) informat ion identifies a particular person if
the identity of that person—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other
information.
(7) A disclosure under any of sections 35 to 39 does not breach—
(a) any obligation of confidence owed by the person making the
disclosure, or
(b) any other restriction on the di sclosure of information (however
imposed).
(8) But nothing in sections 35 to 39 authorises the making of a disclosure which—
(a) contravenes the Data Protection Act 1998, or
(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.
(9) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by
paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 isDigital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery39
fully in force, subsection (8)(b) has effect as if it included a reference to that
Part.
(10) Sections 35 to 39 do not limit the circumstances in which information may be
disclosed apart from those sections.
41 Confidentiality of personal information
(1) Personal information disclosed under any of sections 35 to 39 and received by
a person (“P”) may not be disclosed—
(a) by P, or
(b) by any other person who has received  it directly or indirectly from P.
(2) Subsection (1) does not apply to a disclosure—
(a) which is required or permitted by any enactment (including any of
sections 35 to 39),
(b) which is required by an EU obligation,
(c) which is made in pursuanc e of an order of the court,
(d) of information which has already la wfully been made available to the
public,
(e) which is made for the preventi on or detection of crime or the
prevention of anti -social behaviour,
(f) which is made for the purposes  of a criminal investigation,
(g) which is made for the purposes of  legal proceedings (whether civil or
criminal),
(h) which is a protected disclosure  for any of the purposes of the
Employment Rights Act 1996 or th e Employment Rights (Northern
Ireland) Order 1996 (SI 1996/1919 (NI 16)),
(i) consisting of the publication of  information for the purposes of
journalism, where the publication of  the information is in the public
interest,
(j) which is made with the consent of  the person to whom it relates, or
(k) which is made for the purposes of—
(i) preventing serious physical harm to a person,
(ii) preventing loss of human life,
(iii) safeguarding vulnerab le adults or children,
(iv) responding to an emergency, or
(v) protecting national security.
(3) In subsection (2)(e) “anti-social  behaviour” means conduct that—
(a) is likely to cause harassment, alarm or distress to any person, or
(b) is capable of causing nuisance or annoyance to a person in relation to
that person’s occupation of residential premises.
(4) A person commits an offence if—
(a) the person discloses personal  information in contravention of
subsection (1), and
(b) at the time that the person makes the disclosure, the person knows that
the disclosure contravenes that subsection or is reckless as to whetherthe disclosure does so.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery40
(5) A person who is guilty of an offence un der subsection (4) is liable on conviction
on indictment to imprisonment for a term  not exceeding two years, to a fine or
to both.
(6) A person who is guilty of an offence under subsection (4) is liable on summary
conviction—
(a) in England and Wales, to impris onment for a term not exceeding 12
months, to a fine or to both;
(b) in Scotland, to imprisonment for a term not exceeding 12 months, to a
fine not exceeding the statutory maximum or to both;
(c) in Northern Ireland, to imprisonment for a term not exceeding 6
months, to a fine not exceeding the statutory maximum or to both.
(7) In the application of subsection (6)(a ) to an offence committed before the
coming into force of section 154(1) of the Criminal Ju stice Act 2003 the
reference to 12 months is to be read as a reference to 6 months.
(8) This section does not apply to personal information disclosed under section 35,
36 or 38 by the Revenue and Customs.
42 Information disclosed by the Revenue and Customs
(1) Personal information disclosed by the Revenue and Customs under section 35,
36 or 38 and received by a person may not be disclosed by that person.
(2) Subsection (1) does not apply to a disclosure which is made with the consent
of the Commissioners for Her Majesty’s Revenue and Customs (which may begeneral or specific).
(3) A person who contravenes subsecti on (1) is guilty of an offence.
(4) It is a defence for a person charged with an offence unde r subsection (3) to
prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already an d lawfully been made available to
the public.
(5) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and
Customs Act 2005 apply to an offence under subsection (3) as they apply to anoffence under that section.
43 Code of practice
(1) The relevant Minister must issue a code of practice about—
(a) the disclosure of information under any of sections 35 to 39, and
(b) the use of information disclo sed under any of those sections.
(2) The code of practice must be consistent  with the code of practice issued under
section 52B (data-sharing code) of the Data Protection Act 1998 (as altered orreplaced from time to time).
(3) A person to whom the code applies must  have regard to the code of practice—
(a) in disclosing information under any of sections 35 to 39, and
(b) in using information disclose d under any of those sections.
(4) The relevant Minister may from time to time revise and re-issue the code of
practice.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery41
(5) Before issuing or reissu ing the code of practice the relevant Minister must
consult—
(a) the Information Commissioner, 
(b) the Commissioners for Her Majesty’s Revenue and Customs,
(c) the Scottish Ministers,
(d) the Welsh Ministers,
(e) the Department of Finance in Northern Ireland, and
(f) such other persons as the relevant Minister thinks appropriate.
(6) The fact that this section was not in force when consul tation of the kind
mentioned in subsection (5) took place i s  t o  b e  d i s r e g a r ded in determining
whether there has been compli ance with that subsection.
(7) The relevant Minister may not issue the code of practice unless a draft of the
code has been laid before, and approv ed by a resolution of, each House of
Parliament.
(8) Before reissuing the code the relevant Minister must lay a draft of the code as
proposed to be reissu ed before Parliament.
(9) The relevant Minister may not reissue the code if, within the 40-day period,
either House of Parliament resolves not to approve it.
(10) In subsection (9) “t he 40 day period” means—
(a) the period of 40 days beginning wi th the day on which the draft is laid
before Parliament, or
(b) if the draft is not laid before each  House on the same day, the period of
40 days beginning with th e later of the days on which it is laid before
Parliament.
(11) For the purposes of subsection (10) no account is to be taken of any period
during which Parliament is dissolve d or prorogued or during which both
Houses are adjourned for more than four days.
(12) As soon as is reasonably practicabl e after issuing or re issuing the code of
practice the relevant Minister must lay, or arrange for the laying of, a copy ofit before—
(a) the Scottish Parliament,
(b) the National Assembly for Wales, and
(c) the Northern Ireland Assembly.
(13) In disclosing information under any of sections 35 to 39, a person must have
regard to the following codes of pr actice issued by the Information
Commissioner under section 51(3) of th e Data Protection Act 1998, so far as
they apply to the information in question—
(a) any code which makes provision ab out the identification and reduction
of the risks to privacy of a proposal to disclose information;
(b) any code which makes provision about the information to be provided
to data subjects (within the meanin g of that Act) about the use to be
made of information collected from them.
(14) The duty in subsection (13) does not affect any other requirement for the
person to have regard to a code of practice in disclosing the information.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery42
44 Regulations under this Chapter
(1) Any power to make regulations under this Chapter is exercisable—
(a) in the case of regulations made by the relevant Minister or the Welsh
Ministers, by statutory instrument, and
(b) in the case of regulations made by the Department of Finance in
Northern Ireland, by statutory rule  for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)).
(2) Regulations un der this Chapter—
(a) may make different provis ion for different purposes;
(b) may contain consequential, supplementary, transitional or transitory
provision or savings.
(3) In the case of— 
(a) regulations under section 35(3) which amend Schedule 4 so as to add an
entry relating to a person or description of person,
(b) regulations under section 36(5)(a) wh ich amend Schedule 5 so as to add
an entry relating to a person or description of person, or
(c) regulations under section 38(5)(a) wh ich amend Schedule 6 so as to add
an entry relating to a person  or description of person,
this includes power to make provision in relation to information disclosed by
that person or a person of that descri ption which is similar to that made by
section 42 in relation to informatio n disclosed by the Revenue and Customs.
(4) Before making regulations under this Chapter the appropriate national
authority must consult—
(a) the Information Commissioner,
(b) the Commissioners for Her Majesty’s Revenue and Customs,
(c) each other person who is the approp riate national auth ority in relation
to regulations un der this Chapter,
(d) where the appropriate national auth ority is not the relevant Minister,
the Minister for the Cabinet Office, and
(e) such other persons as the appropriate national authority thinks
appropriate.
(5) The fact that a power to make regula tions under this Chapter was not in force
when consultation of the kind mentioned in subsection (4) took place is to be
disregarded in determin ing whether there has be en compliance with that
subsection.
(6) The appropriate national authority ma y only make regula tions under section
35(7), 36(5)(c) or 38(5)(c) with the consen t of the Treasury in a case where the
regulations could affect the disclosure  of information by the Revenue and
Customs.
(7) A statutory instrument containing regulations made under this Chapter by the
relevant Minister may not be made unless a draft of the instrument has beenlaid before, and approved by a resolu tion of, each House of Parliament.
(8) Regulations made under this Chapter by the Scottish Ministers are subject to
the affirmative procedure.
(9) A statutory instrument containing regulations made under this Chapter by the
Welsh Ministers may not be made unless a draft of the instrument has been laidbefore, and approved by a resolution of, the National Assembly for Wales.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery43
(10) Regulations under this Chapter may not be made by the Department of
Finance in Northern Ireland unless a draft of the regulations has been laid
before, and approved by a resolution  of, the Northern Ireland Assembly.
(11) If a draft of a statutory instrument containing regulations under section 35(3),
36(5)(a) or (b) or 38(5)(a) or (b) would, ap art from this subsec tion, be treated for
the purposes of the standing orders of either House of Parliament as a hybridinstrument, it is to proceed in that House as if it were not such an instrument.
45 Interpretation of this Chapter etc
(1) In this Chapter—
“the appropriate national  authority” means the relevant Minister, subject
to subsections (2) to (7);
“enactment” includes—
(a) an enactment contained in, or in an instrument made under, an
Act of the Scottish Parliament;
(b) an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales;
(c) an enactment contained in, or in an instrument made under,
Northern Ireland legislation;
(d) an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978;
“function” means function  of a public nature;
“personal information” has the meaning given by section 40(5);
“public authority” means a person who exercises functions of a public
nature, subject to subsection (8);
“relevant Minister” means the Secretar y of State or the Minister for the
Cabinet Office;
“the Revenue and Customs” has the meaning given by section 17(3) of the
Commissioners for Revenue and Customs Act 2005.
(2) The Scottish Ministers are the appropri ate national authority in relation to—
(a) regulations under section 35(3) or 36(5)(a) which add, modify or
remove an entry relating to a person who is, or a description of persons
each of whom is, a Scottish body,
(b) regulations under section 36(5)(b) which add or remove a person who
is, or a description of persons each  of whom is, a Scottish body, and
(c) regulations under section 35(7) or 36(5)(c) which have the effect only of
enabling a Scottish body to disclose  information for the purposes of an
objective which does not relate to a reserved matter (within themeaning of the Scotland Act 1998).
(3) In subsection (2) “Scottish body” means—
(a) a person who is a part of  the Scottish Administration,
(b) a Scottish public authority with mixed functions or no reserved
functions (within the meaning of  the Scotland Act 1998), or
(c) a person providing services to a person within paragraph (a) or (b).
(4) The Welsh Ministers are the appropriat e national authority in relation to—
(a) regulations under section 35(3), 36(5)(a) or 38(5)(a) which add, modify
or remove an entry relating to a person who is, or a description of
persons each of whom is, a Welsh body,Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 1 — Public service delivery44
(b) regulations under section 36(5)(b) or 38(5)(b) which add or remove a
person who is, or a description of persons each of whom is, a Welsh
body, and
(c) regulations under section 35(7), 36(5)(c) or 38(5)(c) which have the
effect only of enabling a Welsh body to disclose information for thepurposes of an objective which coul d be specified by provision falling
within the legislative competence of the National Assembly for Wales.
(5) In subsection (4) “Welsh body” means—
(a) a devolved Welsh au thority as defined by section 157A of the
Government of Wales Act 2006, or
(b) a person providing services to a devolved Welsh authority as defined
by that section.
(6) The Department of Finance in Northern Ireland is the appropriate national
authority in relation to—
(a) regulations under section 35(3) which add, modify or remove an entry
relating to a person who is, or a desc ription of persons each of whom is,
a Northern Ireland body, and
(b) regulations under section 35(7) which have the effect only of enabling a
Northern Ireland body to disclose information for the purposes of anobjective which relates to a transferred matter (within the meaning ofthe Northern Ireland Act 1998).
(7) In subsection (6) “Nor thern Ireland body” means—
(a) a Minister within the meaning of the Northern Ireland Act 1998,
(b) a Northern Ireland department,
(c) a Northern Ireland public authorit y within the meaning of the Statistics
and Registration Se rvice Act 2007, or
(d) a person providing services to a pe rson within paragraph (a), (b) or (c).
(8) A person is not a public authority for the purposes of this Chapter if, apart from
this subsection, the person would be a public authority for those purposes
merely because the person exercises functions on behalf of another public
authority.
(9) References in this Chapter to people li ving in fuel poverty are to be construed
in accordance with section 36(10).
(10) References in this Chapte r to people living in water poverty are to be construed
in accordance with section 38(10).
(11) The power of the Secretary of State in section 69(2) of the Wales Act 2017 to
amend an enactment contained in primary legislation in consequence of anyprovision of that Act includes power to  amend this Chapter, and section 118 so
far as relating to this Chapter, in consequence of section 48 (water andsewerage) of that Act.
C
HAPTER  2
CIVIL REGISTRATION
46 Disclosure of information by civil registration officials
(1) The Registration Service Act 1953 is amended as follows.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 2 — Civil registration45
(2) After section 19A insert—
“19AA Disclosure of information
(1) A civil registration o fficial may, subject to this section, disclose any
information held in connection with any of the official ’s functions to— 
(a) a specified public author ity (see section 19AB), or
(b) any other civil registration official.
(2) A civil registration official may di sclose information under this section
only if the official is satisfied th at the authority or civil registration
official to whom it is disclose d (the “recipient”) requires the
information to enable the recipient to exercise one or more of the
recipient’s functions.
(3) A disclosure under this section does not breach any obligation of
confidence owed by the civil registra tion official making the disclosure.
(4) The power to disclose information under this section is subject to any
express restriction on disclosure imposed by another enactment(ignoring any restriction which allows  disclosure if authorised by an
enactment).
(5) This section does not limit the ci rcumstances in which information may
be disclosed apart from this section.
(6) “Civil registration official” means—
(a) the Registrar General;
(b) a superintendent registrar of  births, deaths and marriages;
(c) a registrar of births and deaths;
(d) a registrar of marriages;
(e) each of the following in its capacity as a registration authority
within the meaning of Chapter 1 of Part 2 of the CivilPartnership Act 2004 (see section 28 of that Act)—
(i) a county council in England;
(ii) the council of any district  in England comprised in an
area for which there is no county council;
(iii) a London borough council;
(iv) the Common Council of the City of London;
(v) the Council of the Isles of Scilly;
(vi) a county coun cil in Wales; 
(vii) a county borough council in Wales.
19AB  Specified public authorities
(1) Each of the following pu blic authorities is a “specified public authority”
for the purposes of section 19AA—
(a) a Minister of the Crown;
(b) the Welsh Government;
(c) a department of the govern ment of the United Kingdom;
(d) the Greater London Authority;
(e) a county council in England;
(f) a district council in England;
(g) a London borough council;Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 2 — Civil registration46
(h) the Common Council of the City of London in its capacity as a
local authority;
(i) the Council of the Isles of Scilly;
(j) a county council in Wales;
(k) a county borough council in Wales;
(l) an NHS body within the me aning of the National Health
Service Act 2006 (see section 275 of that Act).
(2) The Minister may by regulations amend subsection (1) so as to add,
modify or remove a reference to a public authority or description ofpublic authority.
(3) Regulations under this  section must be made by statutory instrument.
(4) Regulations under this section may—
(a) make different provisio n for different purposes;
(b) contain consequential, incident al, supplemental, transitional or
transitory provision or savings.
(5) The provision that may be made by  virtue of subsection (4)(b) includes
provision amending, repealing or revoking any provision of anyenactment.
(6) A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before andapproved by a resolution of each House of Parliament.
(7) In this section—
“enactment” includes an enactment contained in subordinate
legislation within the meaning of the Interpretation Act 1978;
“public authority” means a person  who exercises functions of a
public nature.
19AC Code of practice
(1) The Registrar General must issue a code of practice about the disclosure
of information under section 19AA.
(2) The code of practice must be consistent with the code of practice issued
under section 52B (data-sharing code) of the Data Protection Act 1998(as altered or replaced from time to time).
(3) A civil registration official must ha ve regard to the code of practice in
disclosing information under section 19AA.
(4) The Registrar General may from time to time revise and re-issue the
code of practice.
(5) Before issuing or revising the code of practice the Registrar General
must consult—
(a) the Minister,
(b) the Information Commissioner, and
(c) such other persons as the Registrar General thinks fit.
(6) The Registrar General may not issue the code of practice unless a draft
of the code has been laid before, an d approved by a resolution of, each
House of Parliament.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 2 — Civil registration47
(7) Before reissuing the code the Registrar General must lay a draft of the
code as proposed to be reissued before Parliament.
(8) The Registrar General may not reissue the code if, within the 40-day
period, either House of Parliament resolves not to approve it.
(9) In subsection (8) “the 40 day period” means—
(a) the period of 40 days beginnin g with the day on which the draft
is laid before Parliament, or
(b) if the draft is not laid before each House on the same day, the
period of 40 days beginning with  the later of the days on which
it is laid before Parliament.
(10) For the purposes of subsection (9) no account is to be taken of any
period during which Parliament is  dissolved or prorogued or during
which both Houses are adjourned for more than four days.
(11) In disclosing information under section 19AA, a civil registration
official must have regard to the fo llowing codes of practice issued by
the Information Commissioner under section 51(3) of the DataProtection Act 1998, so far as they apply to the information in
question—
(a) any code which makes provisio n about the identification and
reduction of the risks to priv acy of a proposal to disclose
information;
(b) any code which makes provision about the information to be
provided to data subjects (within the meaning of that Act) aboutthe use to be made of information collected from them.
(12) The duty in subsection (11) does not affect any other requirement for
the civil registration official to ha v e  r e g a r d  t o  a  c o d e  o f  p r a c t i c e  i n
disclosing the information.”
(3) In section 19B (fees in respect of provision of copies of records etc)—
(a) after subsection (1) insert—
“(1A) The Minister may by regulations provide for fees to be payable
to a civil registration official in  respect of the disclosure by the
official of information under section 19AA.”,
(b) in subsections (2) and (3), for “The  regulations” substitute “Regulations
under this section”, and
(c) in the heading, omit “in respect of provision of copies of records etc”.
(4) In section 21(1) (interpretatio n), after “respectively—” insert—
““civil registration official” ha s the meaning gi ven by section
19AA;”.
47 Consequential provision
(1) The Secretary of State may by regulati ons make the provision in subsection (2)
in consequence of any provision made by section 46.
(2) The provision mentioned in subsection  (1) is provision amending, repealing or
revoking any provision of any enactment passed or made before or in the sameSession as this Act.
(3) Regulations under this section must be made by statutory instrument.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 2 — Civil registration48
(4) Regulations under this section may—
(a) make different provisio n for different purposes;
(b) contain transitional or tr ansitory provision or savings.
(5) A statutory instrument containing regulations under this section which amend
or repeal an Act may not be made unless a draft of the instrument has been laidbefore and approved by a resoluti on of each House of Parliament.
(6) A statutory instrument containing any other regulations under this section is
subject to annulment in pursuance of  a resolution of either House of
Parliament.
(7) In this section “enactment” includes an enactment contained in subordinate
legislation within the meaning of the Interpretation Act 1978.
C
HAPTER  3
DEBT OWED  TO THE PUBLIC  SECTOR
48 Disclosure of informa tion to reduce debt owed to the public sector
(1) A specified person may disclose inform ation held by the person in connection
with any of the person’s functions to another specified person for the purposesof the taking of action in connection with  debt owed to a public authority or to
the Crown.
(2) For the purposes of this section an d Schedule 7 debt is  o w e d  t o  a  p u b l i c
authority or to the Crown if—
(a) a person is required to pay a sum of money to a public authority or to
the Crown, and
(b) all or part of that sum remains unpaid after the date on which, or after
the end of the period within whic h, it is required to be paid.
(3) For the purposes of this section and Schedule 7 taking action in connection
with debt owed to a public auth ority or to the Crown includes—
(a) identifying debt of that kind;
(b) collecting debt  of that kind;
(c) bringing civil proceedings as a result of debt of that kind;
(d) taking administrative action as a result of debt of that kind.
(4) In this Chapter “specified person” means a person specified, or of a description
specified, in Schedule 7.
(5) The appropriate national authority ma y by regulations amen d Schedule 7 so as
to add, remove or modify an entry relating to a person or description of person.
(6) Regulations under subsection (5) may add an entry relating to a person or a
description of person to Schedule 7 only if the following conditions aresatisfied.
(7) The first condition is that—
(a) the person is a public authority or  (as the case may be) each person of
that description is a public authority, or
(b) the person provides services to a public authority or (as the case may
b e )  e a c h  p e r s o n  o f  t h a t  d e s c r i p t i o n  p r o v i d e s  s e r v i c e s  t o  a  p u b l i cauthority.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 3 — Debt owed to the public sector49
(8) The second condition is that the person or (as the case may be) a person of that
description (“P” in either case)—
(a) requires information from a public  authority or a person providing
services to a public authority to im prove P’s ability to identify, manage
or recover debt owed to a publ ic authority or to the Crown,
(b) has information which, if shared with a public authority or a person
providing services to a public auth ority, has the potential to improve
that authority’s or that person’s ab ility to identify, manage or recover
such debt, or
(c) has functions relating to the manage ment or recovery of such debt the
exercise of which may be improved by the disclosure of information by
or to P.
(9) In the case of a person (“P”) who is  a specified person merely because of
providing services to a public authority,  the reference in su bsection (1) to the
functions of a specified person is limi ted to the functions P exercises for that
purpose.
(10) In determining whether to  make regulations under subs ection (5) in relation to
a person or description of person the appropriate national authority must have
regard, in particular, to—
(a) the systems and procedures for th e secure handling of information by
that person or persons of that description, and
(b) in the case of regulations which remove a person from Schedule 7,
whether that person, or any person providing services to that person,
has had regard to the code of practi ce under section 52 as required by
that section.
(11) Before making regula tions under subsection (5 ) the appropriate national
authority must consult—
(a) the Information Commissioner,
(b) the Commissioners for Her Majesty’s Revenue and Customs,
(c) each other person who is the approp riate national auth ority in relation
to regulations under subsection (5),
(d) where the appropriate national auth ority is not the relevant Minister,
the Minister for the Cabinet Office, and
(e) such other persons as the appropriate national authority thinks
appropriate.
(12) The fact that this section was not in force when consul tation of the kind
mentioned in subsection (11) took plac e is to be disregar ded in determining
whether there has been compli ance with that subsection.
49 Further provisions about power in section 48
(1) Personal information disclosed under s e c t i o n  4 8  m a y  o n l y  b e  u s e d  b y  t h e
person to whom it is disclosed for th e purposes for which it was disclosed,
subject to subsection (2).
(2) Subsection (1) does not prevent th e use of information by a person—
(a) if the information has already lawfully been made available to the
public,
(b) if the person to whom the informat ion relates consents to its use for
another purpose,Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 3 — Debt owed to the public sector50
(c) for the prevention or detection of crime or the prevention of anti-social
behaviour,
(d) for the purposes of a criminal investigation,
(e) for the purposes of legal proceed ings (whether civil or criminal),
(f) for the purposes of safeguarding vulnerable adults or children, or 
(g) for the purposes of prot ecting national security.
(3) In subsection (2)(c) “anti-social  behaviour” means conduct that—
(a) is likely to cause harassment, alarm or distress to any person, or
(b) is capable of causing nuisance or annoyance to a person in relation to
that person’s occupation of residential premises.
(4) Subsection (2) does not apply to in formation disclosed to a person under
section 48 by the Revenue and Customs; but such information may be used bythat person for purposes other than th ose for which it was disclosed with the
consent of the Commissioners for Her Majesty’s Revenue and Customs (which
may be general or specific).
(5) For the purposes of this Chapter in formation is “personal information” if—
(a) it relates to and identifies a pa rticular person (including a body
corporate), but
(b) it is not information about the inte rnal administrative arrangements of
a specified person.
(6) For the purposes of subs ection (5) informat ion identifies a particular person if
the identity of that person—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other
information.
(7) A disclosure under section 48 does not breach—
(a) any obligation of confidence owed by the person making the
disclosure, or
(b) any other restriction on the di sclosure of information (however
imposed).
(8) But nothing in section 48 authorises the making of a disclosure which—
(a) contravenes the Data Protection Act 1998, or
(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.
(9) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by
paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 isfully in force, subsection (8)(b) has effect as if it included a reference to that
Part.
(10) Section 48 does not limit the circumstances in which information may be
disclosed apart from that section.
50 Confidentiality of personal information
(1) Personal information received by a pe rson (“P”) under section 48 may not be
disclosed—
(a) by P, orDigital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 3 — Debt owed to the public sector51
(b) by any other person who has received  it directly or indirectly from P.
(2) Subsection (1) does not apply to a disclosure—
(a) which is required or permitted by any enactment (including section 48),
(b) which is required by an EU obligation,
(c) which is made in pursuanc e of an order of the court,
(d) of information which has already la wfully been made available to the
public,
(e) which is made for the preventi on or detection of crime or the
prevention of anti -social behaviour,
(f) which is made for the purposes  of a criminal investigation,
(g) which is made for the purposes of  legal proceedings (whether civil or
criminal),
(h) which is a protected disclosure  for any of the purposes of the
Employment Rights Act 1996 or th e Employment Rights (Northern
Ireland) Order 1996 (SI 1996/1919 (NI 16)),
(i) consisting of the publication of  information for the purposes of
journalism, where the publication of  the information is in the public
interest,
(j) which is made with the consent of the person to whom it relates,
(k) which is made for the purposes of safeguarding vulnerable adults or
children, or
(l) which is made for the purposes of protecting national security.
(3) In subsection (2)(e) “anti-social  behaviour” means conduct that—
(a) is likely to cause harassment, alarm or distress to any person, or
(b) is capable of causing nuisance or annoyance to a person in relation to
that person’s occupation of residential premises.
(4) A person commits an offence if—
(a) the person discloses personal  information in contravention of
subsection (1), and
(b) at the time that the person makes the disclosure, the person knows that
the disclosure contravenes that subsection or is reckless as to whetherthe disclosure does so.
(5) A person who is guilty of an offence un der subsection (4) is liable on conviction
on indictment to imprisonment for a term  not exceeding two years, to a fine or
to both.
(6) A person who is guilty of an offence under subsection (4) is liable on summary
conviction—
(a) in England and Wales, to impris onment for a term not exceeding 12
months, to a fine or to both;
(b) in Scotland, to imprisonment for a term not exceeding 12 months, to a
fine not exceeding the statutory maximum or to both;
(c) in Northern Ireland, to imprisonment for a term not exceeding 6
months, to a fine not exceeding the statutory maximum or to both.
(7) In the application of subsection (6)(a ) to an offence committed before the
coming into force of section 154(1) of the Criminal Ju stice Act 2003 the
reference to 12 months is to be read as a reference to 6 months.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 3 — Debt owed to the public sector52
(8) This section does not apply to perso nal information disclosed under section 48
by the Revenue and Customs.
51 Information disclosed by the Revenue and Customs
(1) Personal information disclosed by the Revenue and Customs under section 48
and received by a person may no t be disclosed by that person.
(2) Subsection (1) does not apply to a disclosure which is made with the consent
of the Commissioners for Her Majesty’s Revenue and Customs (which may begeneral or specific).
(3) A person who contravenes subsecti on (1) is guilty of an offence.
(4) It is a defence for a person charged with an offence unde r subsection (3) to
prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already an d lawfully been made available to
the public.
(5) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and
Customs Act 2005 apply to an offence under subsection (3) as they apply to anoffence under that section.
52 Code of practice
(1) The relevant Minister must issue a code of practice about—
(a) the disclosure of information under section 48, and
(b) the use of information di sclosed under that section.
(2) The code of practice must be consistent  with the code of practice issued under
section 52B (data-sharing code) of the Data Protection Act 1998 (as altered orreplaced from time to time).
(3) A specified person must have re gard to the code of practice in—
(a) disclosing informatio n under section 48, and
(b) using information disclosed under that section.
(4) The relevant Minister may from time to time revise and re-issue the code of
practice.
(5) Before issuing or reissu ing the code of practice the relevant Minister must
consult—
(a) the Information Commissioner, 
(b) the Commissioners for Her Majesty’s Revenue and Customs,
(c) the Scottish Ministers,
(d) the Welsh Ministers,
(e) the Department of Finance in Northern Ireland, and
(f) such other persons as the relevant Minister thinks appropriate.
(6) The fact that this section was not in force when consul tation of the kind
mentioned in subsection (5) took place i s  t o  b e  d i s r e g a r ded in determining
whether there has been compli ance with that subsection.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 3 — Debt owed to the public sector53
(7) The relevant Minister may not issue the code of practice unless a draft of the
code has been laid before, and approv ed by a resolution of, each House of
Parliament.
(8) Before reissuing the code the relevant Minister must lay a draft of the code as
proposed to be reissu ed before Parliament.
(9) The relevant Minister may not reissue the code if, within the 40-day period,
either House of Parliament resolves not to approve it.
(10) In subsection (9) “t he 40 day period” means—
(a) the period of 40 days beginning wi th the day on which the draft is laid
before Parliament, or
(b) if the draft is not laid before each  House on the same day, the period of
40 days beginning with th e later of the days on which it is laid before
Parliament.
(11) For the purposes of subsection (10) no account is to be taken of any period
during which Parliament is dissolve d or prorogued or during which both
Houses are adjourned for more than four days.
(12) As soon as is reasonably practicabl e after issuing or re issuing the code of
practice the relevant Minister must lay, or arrange for the laying of, a copy ofit before—
(a) the Scottish Parliament,
(b) the National Assembly for Wales, and
(c) the Northern Ireland Assembly.
(13) In disclosing information under section 48, a person must have regard to the
following codes of practice issued by  the Information Commissioner under
section 51(3) of the Data Protection Act 1998, so far as they apply to theinformation in question—
(a) any code which makes provision ab out the identification and reduction
of the risks to privacy of a proposal to disclose information;
(b) any code which makes provision about the information to be provided
to data subjects (within the meanin g of that Act) about the use to be
made of information collected from them.
(14) The duty in subsection (13) does not affect any other requirement for the
person to have regard to a code of practice in disclosing the information.
53 Duty to review operation of Chapter
(1) As soon as is reasonably practicable after the end of three years beginning with
the day on which this Chapter comes in to force, the relevant Minister must
review its operation for the purposes of deciding whether it should beamended or repealed.
(2) Before carrying out the review the rele vant Minister must publish the criteria
by reference to which that determination will be made.
(3) In carrying out the review the relevant Minister must consult—
(a) the Information Commissioner,
(b) the Scottish Ministers,
(c) the Welsh Ministers,
(d) the Department of Finance in Northern Ireland, andDigital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 3 — Debt owed to the public sector54
(e) such other persons as the relevant Minister thinks appropriate.
(4) Once the review is completed the relevant Minister must—
(a) publish a report on its outcome, and
(b) lay, or arrange for the laying of, a copy of the report before—
(i) Parliament,
(ii) the Scottish Parliament,
(iii) the National Asse mbly for Wales, and
(iv) the Northern Ireland Assembly.
( 5 ) I f  a s  a  r e s u l t  o f  t h e  r e v i e w  t h e  r e l e v a n t  M i n i s t e r  d e c i d e s  t h a t  t h i s  C h a p t e r
should be amended or repealed, the re levant Minister may by regulations
amend or repeal it (as the case may be).
(6) The power in subsection (5) to amend this Chapter—
(a) may be exercised for the purposes only of improving the effectiveness
of the operation of the power in section 48(1), and
(b) may not be used to remove any of the safeguards relating to the use or
disclosure of information in section 49, 50 or 51.
(7) The relevant Minister may only make regulations under subsection (5) with the
consent of the Scottish Mi nisters if the regulations—
(a) repeal this Chapter,
(b) amend or remove the power of the Scottish Ministers to make
regulations under section 48(5),
(c) affect the disclosure of informatio n under section 48 by a Scottish body
to another such body,
(d) affect the use by a Scottish body of information di sclosed under that
section by such a body, or
(e) affect the further disclosure to a Scottish body by such a body, or by a
member, officer or employee of such a body, of information disclosedunder this Chapter by a Scottish body.
(8) The relevant Minister may only make regulations under subsection (5) with the
consent of the Welsh Mini sters if the regulations—
(a) repeal this Chapter,
(b) amend or remove the power of the Welsh Ministers to make
regulations under section 48(5),
(c) affect the disclosure of information under section 48 by a Welsh body
to another such body,
(d) affect the use by a Welsh body of information disclosed under that
section by such a body, or
(e) affect the further disclosure to a Welsh body by such a body, or by a
member, officer or employee of such a body, of information disclosedunder this Chapter by a Welsh body.
(9) The relevant Minister may only make regulations under subsection (5) with the
consent of the Department of Finance in  Northern Ireland if the regulations—
(a) repeal this Chapter,
(b) amend or remove the power of the Department to make regulations
under section 48(5),
(c) affect the disclosure of informat ion under section 48 by a Northern
Ireland body to another such body,Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 3 — Debt owed to the public sector55
(d) affect the use by a Northern Ir eland body of information disclosed
under that section by such a body, or
(e) affect the further disclosure to a Northern Ireland body by such a body,
or by a member, officer or employ ee of such a body, of information
disclosed under this Chapter by a Northern Ireland body.
(10) The relevant Minister may only make regulations under subsection (5) with the
consent of the Treasury in a case wh ere the regulations could affect the
disclosure of information by the Revenue and Customs.
(11) Anything required to be published by this section is to be published in such
manner as the relevant Minister thinks fit.
54 Regulations under this Chapter
(1) Any power to make regulations under this Chapter is exercisable—
(a) in the case of regulations made by the relevant Minister or the Welsh
Ministers, by statutory instrument, and
(b) in the case of regulations made by the Department of Finance in
Northern Ireland, by statutory rule  for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)).
(2) Regulations un der this Chapter—
(a) may make different provis ion for different purposes;
(b) may contain consequential, supplementary, transitional or transitory
provision or savings.
(3) In the case of regulations under section 48(5) which amend Schedule 7 so as to
add an entry relating to a person or de scription of person, this includes power
to make provision in relation to info rmation disclosed by that person or a
person of that description which is simila r to that made by section 51 in relation
to information disclosed by the Revenue and Customs.
(4) A statutory instrument containing regulations made under this Chapter by the
relevant Minister may not be made unless a draft of the instrument has beenlaid before, and approved by a resolu tion of, each House of Parliament.
(5) Regulations made under section 48(5) by the Scottish Ministers are subject to
the affirmative procedure.
(6) A statutory instrument containing regulations made under section 48(5) by the
Welsh Ministers may not be made unless a draft of the instrument has been laidbefore, and approved by a resolution of, the National Assembly for Wales.
(7) Regulations under section 48(5) may not be made by the Department of
Finance in Northern Ireland unless a draft of the regulations has been laid
before, and approved by a resolution  of, the Northern Ireland Assembly.
(8) If a draft of a statutory instrument containing regulations under section 48(5)
would, apart from this subsection, be treated for the purpos es of the standing
orders of either House of Parliament as a hybrid instrument, it is to proceed inthat House as if it were  not such an instrument.
55 Interpretation of this Chapter
(1) In this Chapter—Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 3 — Debt owed to the public sector56
“the appropriate national  authority” means the relevant Minister, subject
to subsections (2) to (4);
“enactment” includes—
(a) an enactment contained in, or in an instrument made under, an
Act of the Scottish Parliament;
(b) an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales;
(c) an enactment contained in, or in an instrument made under,
Northern Ireland legislation;
(d) an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978;
“functions” means functions of a public nature;
“Northern Ireland body” means—
(a) a Minister within the meaning of the Northern Ireland Act 1998,
(b) a Northern Ireland department,
(c) a Northern Ireland public authority within the meaning of the
Statistics and Registration Service Act 2007, or
(d) a person providing services to  a person within paragraph (a),
(b) or (c);
“personal information” has the meaning given by section 49(5);
“public authority” means—
(a) a person or body exercising functions of a public nature in the
United Kingdom,
(b) a person or body entirely or substantially funded from public
money,
(c) an office-holder appointed by a person or body falling within
paragraph (a), or
(d) a body more than half of wh ose governing body or members are
appointed by a person or body falling within paragraph (a);
“relevant Minister” means the Secretar y of State or the Minister for the
Cabinet Office;
“the Revenue and Customs” has the meaning given by section 17(3) of the
Commissioners for Revenue and Customs Act 2005;
“Scottish body” means—
(a) a person who is a part of  the Scottish Administration,
(b) a Scottish public authority wi th mixed functions or no reserved
functions (within the meaning of  the Scotland Act 1998), or
(c) a person providing services to  a person within paragraph (a) or
(b);
“specified person” has the me aning given by section 48(4);
“Welsh body” means—
(a) a devolved Welsh au thority as defined by section 157A of the
Government of Wales Act 2006, or
(b) a person providing services to a devolved Welsh authority as
defined by that section.
(2) The Scottish Ministers are the appropriate national authority in relation to
regulations under section 48(5) which add, modify or remove an entry relatingto a person who is, or a description of pe rsons each of whom is, a Scottish body.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 3 — Debt owed to the public sector57
(3) The Welsh Ministers are the appropri ate national author ity in relation to
regulations under section 48(5) which add, modify or remove an entry relatingto a person who is, or a description of persons each of whom is, a Welsh body.
(4) The Department of Finance in Northern Ireland is the appropriate national
authority in relation to regulations un der section 48(5) which add, modify or
remove an entry relating to a person wh o is, or a description of persons each of
whom is, a Northern Ireland body.
C
HAPTER  4
FRAUD  AGAINST  THE PUBLIC  SECTOR
56 Disclosure of information to co mbat fraud against the public sector
(1) A specified person may disclose inform ation held by the person in connection
with any of the person’s functions to another specified person for the purposesof the taking of action in connection with fraud against a public authority.
(2) In this section and in Schedule 8 “fraud against a public authority” means a
fraud offence which involves—
(a) loss to a public authority, or
(b) the exposure of a public authority to a risk of loss.
(3) In subsection (2)—
(a) “fraud offence” means an offence under section 1 of the Fraud Act 2006
or, in relation to Scotland , an offence of fraud, and
(b) “loss”, as it applies in relation to an offence under section 1 of the Fraud
Act 2006, has the meaning given by section 5 of that Act.
(4) For the purposes of this section and Schedule 8 taking action in connection
with fraud against a public author ity includes any of the following—
(a) preventing fraud of that kind;
(b) detecting fraud of that kind;
(c) investigating fraud of that kind;
(d) prosecuting fraud of that kind;
(e) bringing civil proceedings as a result of fraud of that kind;
(f) taking administrative action as a result of fraud of that kind.
(5) In this Chapter “specified person” means a person specified, or of a description
specified, in Schedule 8.
(6) The appropriate national authority ma y by regulations amen d Schedule 8 so as
to add, remove or modify an entry relating to a person or description of person.
(7) Regulations under subsection (6) may add an entry relating to a person or a
description of person to Schedule 8 only if the following conditions aresatisfied.
(8) The first condition is that—
(a) the person is a public authority or  (as the case may be) each person of
that description is a public authority, or
(b) the person provides services to a public authority or (as the case may
b e )  e a c h  p e r s o n  o f  t h a t  d e s c r i p t i o n  p r o v i d e s  s e r v i c e s  t o  a  p u b l i cauthority.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 4 — Fraud against the public sector58
(9) The second condition is that the person or (as the case may be) a person of that
description (“P” in either case)—
(a) requires information from a public  authority or a person providing
services to a public authority to im prove P’s ability to identify or reduce
the risk of fraud against P or a public authority to which P providesservices,
(b) has information which, if shared with a public authority or a person
providing services to a public auth ority, has the potential to improve
that authority’s or that person’s ability to identi fy or reduce the risk of
fraud against that authority, or
(c) has functions of taking action in connection with fraud against a public
authority, the exercise of which may be improved by the disclosure ofinformation by or to P.
(10) In the case of a person (“P”) who is a specified person merely because of
providing services to a public authority,  the reference in su bsection (1) to the
functions of a specified person is limi ted to the functions P exercises for that
purpose.
(11) In determining whether to  make regulations under subs ection (6) in relation to
a person or description of person the appropriate national authority must have
regard, in particular, to—
(a) the systems and procedures for th e secure handling of information by
that person or persons of that description, and
(b) in the case of regulations which remove a person from Schedule 8,
whether that person, or any person providing services to that person,
has had regard to the code of practi ce under section 60 as required by
that section.
(12) Before making regula tions under subsection (6 ) the appropriate national
authority must consult—
(a) the Information Commissioner,
(b) the Commissioners for Her Majesty’s Revenue and Customs,
(c) each other person who is the approp riate national auth ority in relation
to regulations under subsection (6),
(d) where the appropriate national auth ority is not the relevant Minister,
the Minister for the Cabinet Office, and
(e) such other persons as the appropriate national authority thinks
appropriate.
(13) The fact this section was not in force when consultation of the kind mentioned
in subsection (12) took place is to be  disregarded in dete rmining whether there
has been compliance with that subsection.
(14) In this Chapter “public authority” means—
(a) a person or body exercising functi ons of a public nature in the United
Kingdom,
(b) a person or body entirely or su bstantially funded from public money,
(c) an office-holder appointed by a person or body falling within
paragraph (a), or
(d) a body more than half of whose governing body or members are
appointed by a person or body falling within paragraph (a).Digital Economy Act 2017 (c. 30)
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57 Further provisions about power in section 56
(1) Personal information disclosed under s e c t i o n  5 6  m a y  o n l y  b e  u s e d  b y  t h e
person to whom it is disclosed for th e purposes for which it was disclosed,
subject to subsection (2).
(2) Subsection (1) does not prevent th e use of information by a person—
(a) if the information has already lawfully been made available to the
public,
(b) if the person to whom the informat ion relates consents to its use for
another purpose,
(c) for the prevention or detection of crime or the prevention of anti-social
behaviour,
(d) for the purposes of a criminal investigation,
(e) for the purposes of legal proceedin gs (whether civil or criminal), or
(f) for the purposes of—
(i) preventing serious physical harm to a person,
(ii) preventing loss of human life,
(iii) safeguarding vulnerab le adults or children,
(iv) responding to an emergency, or
(v) protecting national security.
(3) In subsection (2)(c) “anti-social  behaviour” means conduct that—
(a) is likely to cause harassment, alarm or distress to any person, or
(b) is capable of causing nuisance or annoyance to a person in relation to
that person’s occupation of residential premises.
(4) Subsection (2) does not apply to in formation disclosed to a person under
section 56 by the Revenue and Customs; but such information may be used bythat person for purposes other than th ose for which it was disclosed with the
consent of the Commissioners for Her Majesty’s Revenue and Customs (which
may be general or specific).
(5) For the purposes of this Chapter in formation is “personal information” if—
(a) it relates to and identifies a pa rticular person (including a body
corporate), but
(b) it is not information about the inte rnal administrative arrangements of
a specified person.
(6) For the purposes of subs ection (1) informat ion identifies a particular person if
the identity of that person—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other
information.
(7) A disclosure under section 56 does not breach—
(a) any obligation of confidence owed by the person making the
disclosure, or
(b) any other restriction on the di sclosure of information (however
imposed).
(8) But nothing in section 56 authorises the making of a disclosure which—
(a) contravenes the Data Protection Act 1998, orDigital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 4 — Fraud against the public sector60
(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.
(9) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by
paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 isfully in force, subsection (8)(b) has effect as if it included a reference to that
Part.
(10) Section 56 does not limit the circumstances in which information may be
disclosed apart from that section.
58 Confidentiality of personal information
(1) Personal information received by a pe rson (“P”) under section 56 may not be
disclosed—
(a) by P, or
(b) by any other person who has received  it directly or indirectly from P.
(2) Subsection (1) does not apply to a disclosure—
(a) which is required or permitted by any enactment (including section 56),
(b) which is required by an EU obligation,
(c) which is made in pursuanc e of an order of the court,
(d) of information which has already la wfully been made available to the
public,
(e) which is made for the preventi on or detection of crime or the
prevention of anti -social behaviour,
(f) which is made for the purposes  of a criminal investigation,
(g) which is made for the purposes of  legal proceedings (whether civil or
criminal),
(h) which is a protected disclosure  for any of the purposes of the
Employment Rights Act 1996 or th e Employment Rights (Northern
Ireland) Order 1996 (SI 1996/1919 (NI 16)),
(i) consisting of the publication of  information for the purposes of
journalism, where the publication of  the information is in the public
interest,
(j) which is made with the consent of  the person to whom it relates, or
(k) which is made for the purposes of—
(i) preventing serious physical harm to a person,
(ii) preventing loss of human life,
(iii) safeguarding vulnerab le adults or children,
(iv) responding to an emergency, or
(v) protecting national security.
(3) In subsection (2)(e) “anti-social  behaviour” means conduct that—
(a) is likely to cause harassment, alarm or distress to any person, or
(b) is capable of causing nuisance or annoyance to a person in relation to
that person’s occupation of residential premises.
(4) A person commits an offence if—
(a) the person discloses personal  information in contravention of
subsection (1), andDigital Economy Act 2017 (c. 30)
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Chapter 4 — Fraud against the public sector61
(b) at the time that the person makes the disclosure, the person knows that
the disclosure contravenes that subsection or is reckless as to whetherthe disclosure does so.
(5) A person who is guilty of an offence un der subsection (4) is liable on conviction
on indictment to imprisonment for a term  not exceeding two years, to a fine or
to both.
(6) A person who is guilty of an offence under subsection (4) is liable on summary
conviction—
(a) in England and Wales, to impris onment for a term not exceeding 12
months, to a fine or to both;
(b) in Scotland, to imprisonment for a term not exceeding 12 months, to a
fine not exceeding the statutory maximum or to both;
(c) in Northern Ireland, to imprisonment for a term not exceeding 6
months, to a fine not exceeding the statutory maximum or to both.
(7) In the application of subsection (6)(a ) to an offence committed before the
coming into force of section 154(1) of the Criminal Ju stice Act 2003 the
reference to 12 months is to be read as a reference to 6 months.
(8) This section does not apply to perso nal information disclosed under section 56
by the Revenue and Customs.
59 Information disclosed by the Revenue and Customs
(1) Personal information disclosed by the Revenue and Customs under section 56
and received by a person may no t be disclosed by that person.
(2) Subsection (1) does not apply to a disclosure which is made with the consent
of the Commissioners for Her Majesty’s Revenue and Customs (which may begeneral or specific).
(3) A person who contravenes subsecti on (1) is guilty of an offence.
(4) It is a defence for a person charged with an offence unde r subsection (3) to
prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already an d lawfully been made available to
the public.
(5) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and
Customs Act 2005 apply to an offence under subsection (3) as they apply to anoffence under that section.
60 Code of practice
(1) The relevant Minister must issue a code of practice about—
(a) the disclosure of information under section 56, and
(b) the use of information di sclosed under that section.
(2) The code of practice must be consistent  with the code of practice issued under
section 52B (data-sharing code) of the Data Protection Act 1998 (as altered orreplaced from time to time).
(3) A specified person must have re gard to the code of practice in—
(a) disclosing informatio n under section 56, andDigital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 4 — Fraud against the public sector62
(b) using information disclosed under that section.
(4) The relevant Minister may from time to time revise and re-issue the code of
practice.
(5) Before issuing or reissu ing the code of practice the relevant Minister must
consult—
(a) the Information Commissioner, 
(b) the Commissioners for Her Majesty’s Revenue and Customs,
(c) the Scottish Ministers,
(d) the Welsh Ministers,
(e) the Department of Finance in Northern Ireland, and
(f) such other persons as the relevant Minister thinks appropriate.
(6) The fact that this section was not in force when consul tation of the kind
mentioned in subsection (5) took place i s  t o  b e  d i s r e g a r ded in determining
whether there has been compli ance with that subsection.
(7) The relevant Minister may not issue the code of practice unless a draft of the
code has been laid before, and approv ed by a resolution of, each House of
Parliament.
(8) Before reissuing the code the relevant Minister must lay a draft of the code as
proposed to be reissu ed before Parliament.
(9) The relevant Minister may not reissue the code if, within the 40-day period,
either House of Parliament resolves not to approve it.
(10) In subsection (9) “t he 40 day period” means—
(a) the period of 40 days beginning wi th the day on which the draft is laid
before Parliament, or
(b) if the draft is not laid before each  House on the same day, the period of
40 days beginning with th e later of the days on which it is laid before
Parliament.
(11) For the purposes of subsection (10) no account is to be taken of any period
during which Parliament is dissolve d or prorogued or during which both
Houses are adjourned for more than four days.
(12) As soon as is reasonably practicabl e after issuing or re issuing the code of
practice the relevant Minister must lay, or arrange for the laying of, a copy ofit before—
(a) the Scottish Parliament,
(b) the National Assembly for Wales, and
(c) the Northern Ireland Assembly.
(13) In disclosing information under section 56, a person must have regard to the
following codes of practice issued by  the Information Commissioner under
section 51(3) of the Data Protection Act 1998, so far as they apply to theinformation in question—
(a) any code which makes provision ab out the identification and reduction
of the risks to privacy of a proposal to disclose information;
(b) any code which makes provision about the information to be provided
to data subjects (within the meanin g of that Act) about the use to be
made of information collected from them.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 4 — Fraud against the public sector63
(14) The duty in subsection (13) does not affect any other requirement for the
person to have regard to a code of practice in disclosing the information.
61 Duty to review operation of Chapter
(1) As soon as is reasonably practicable after the end of three years beginning with
the day on which this Chapter comes in to force, the relevant Minister must
review its operation for the purposes of deciding whether it should beamended or repealed.
(2) Before carrying out the review the rele vant Minister must publish the criteria
by reference to which that determination will be made.
(3) In carrying out the review the relevant Minister must consult—
(a) the Information Commissioner,
(b) the Scottish Ministers,
(c) the Welsh Ministers,
(d) the Department of Finance in Northern Ireland, and
(e) such other persons as the relevant Minister thinks appropriate.
(4) Once the review is completed the relevant Minister must—
(a) publish a report on its outcome, and
(b) lay, or arrange for the laying of, a copy of the report before—
(i) Parliament,
(ii) the Scottish Parliament,
(iii) the National Asse mbly for Wales, and
(iv) the Northern Ireland Assembly.
( 5 ) I f  a s  a  r e s u l t  o f  t h e  r e v i e w  t h e  r e l e v a n t  M i n i s t e r  d e c i d e s  t h a t  t h i s  C h a p t e r
should be amended or repealed, the re levant Minister may by regulations
amend or repeal it (as the case may be).
(6) The power in subsection (5) to amend this Chapter—
(a) may be exercised for the purposes only of improving the effectiveness
of the operation of the power in section 56(1), and
(b) may not be used to remove any of the safeguards relating to the use or
disclosure of information in section 57, 58 or 59.
(7) The relevant Minister may only make regulations under subsection (5) with the
consent of the Scottish Mi nisters if the regulations—
(a) repeal this Chapter,
(b) amend or remove the power of the Scottish Ministers to make
regulations under section 56(6),
(c) affect the disclosure of informatio n under section 56 by a Scottish body
to another such body,
(d) affect the use by a Scottish body of information di sclosed under that
section by such a body, or
(e) affect the further disclosure to a Scottish body by such a body, or by a
member, officer or employee of such a body, of information disclosedunder this Chapter by a Scottish body.
(8) The relevant Minister may only make regulations under subsection (5) with the
consent of the Welsh Mini sters if the regulations—
(a) repeal this Chapter,Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 4 — Fraud against the public sector64
(b) amend or remove the power of the Welsh Ministers to make
regulations under section 56(6),
(c) affect the disclosure of information under section 56 by a Welsh body
to another such body,
(d) affect the use by a Welsh body of information disclosed under that
section by such a body, or
(e) affect the further disclosure to a Welsh body by such a body, or by a
member, officer or employee of such a body, of information disclosed
under this Chapter by a Welsh body.
(9) The relevant Minister may only make regulations under subsection (5) with the
consent of the Department of Finance in  Northern Ireland if the regulations—
(a) repeal this Chapter,
(b) amend or remove the power of the Department to make regulations
under section 56(6),
(c) affect the disclosure of informat ion under section 56 by a Northern
Ireland body to another such body,
(d) affect the use by a Northern Ir eland body of information disclosed
under that section by such a body, or
(e) affect the further disclosure to a Northern Ireland body by such a body,
or by a member, officer or employ ee of such a body, of information
disclosed under this Chapter by a Northern Ireland body.
(10) The relevant Minister may only make regulations under subsection (5) with the
consent of the Treasury in a case wh ere the regulations could affect the
disclosure of information by the Revenue and Customs.
(11) Anything required to be published by this section is to be published in such
manner as the relevant Minister thinks fit.
62 Regulations under this Chapter
(1) Any power to make regulations under this Chapter is exercisable—
(a) in the case of regulations made by the relevant Minister or the Welsh
Ministers, by statutory instrument, and
(b) in the case of regulations made by the Department of Finance in
Northern Ireland, by statutory rule  for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)).
(2) Regulations un der this Chapter—
(a) may make different provis ion for different purposes;
(b) may contain consequential, supplementary, transitional or transitory
provision or savings.
(3) In the case of regulations under section 56(6) which amend Schedule 8 so as to
add an entry relating to a person or de scription of person, this includes power
to make provision in relation to info rmation disclosed by that person or a
person of that description which is simila r to that made by section 59 in relation
to information disclosed by the Revenue and Customs.
(4) A statutory instrument containing regulations made under this Chapter by the
relevant Minister may not be made unless a draft of the instrument has beenlaid before, and approved by a resolu tion of, each House of Parliament.Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 4 — Fraud against the public sector65
(5) Regulations made under section 56(6) by the Scottish Ministers are subject to
the affirmative procedure.
(6) A statutory instrument containing regulations made under section 56(6) by the
Welsh Ministers may not be made unless a draft of the instrument has been laidbefore, and approved by a resolution of, the National Assembly for Wales.
(7) Regulations under section 56(6) may not be made by the Department of
Finance in Northern Ireland unless a draft of the regulations has been laid
before, and approved by a resolution  of, the Northern Ireland Assembly.
(8) If a draft of a statutory instrument containing regulations under section 56(6)
would, apart from this subsection, be treated for the purpos es of the standing
orders of either House of Parliament as a hybrid instrument, it is to proceed inthat House as if it were  not such an instrument.
63 Interpretation of this Chapter
(1) In this Chapter—
“the appropriate national  authority” means the relevant Minister, subject
to subsections (2) to (4);
“enactment” includes—
(a) an enactment contained in, or in an instrument made under, an
Act of the Scottish Parliament;
(b) an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales;
(c) an enactment contained in, or in an instrument made under,
Northern Ireland legislation;
(d) an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978;
“functions” means functions of a public nature;
“Northern Ireland body” means—
(a) a Minister within the meaning of the Northern Ireland Act 1998,
(b) a Northern Ireland department,
(c) a Northern Ireland public authority within the meaning of the
Statistics and Registration Service Act 2007, or
(d) a person providing services to  a person within paragraph (a),
(b) or (c);
“personal information” has the meaning given by section 57(5);
“public authority” has the mean ing given by section 56(14);
“relevant Minister” means the Secretar y of State or the Minister for the
Cabinet Office;
“the Revenue and Customs” has the meaning given by section 17(3) of the
Commissioners for Revenue and Customs Act 2005;
“Scottish body” means—
(a) a person who is a part of  the Scottish Administration,
(b) a Scottish public authority wi th mixed functions or no reserved
functions (within the meaning of  the Scotland Act 1998), or
(c) a person providing services to  a person within paragraph (a) or
(b);
“specified person” has the me aning given by section 56(5);
“Welsh body” means—Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 4 — Fraud against the public sector66
(a) a devolved Welsh au thority as defined by section 157A of the
Government of Wales Act 2006, or
(b) a person providing services to a devolved Welsh authority as
defined by that section.
(2) The Scottish Ministers are the appropriate national authority in relation to
regulations under section 56(6) which add, modify or remove an entry relatingto a person who is, or a description of pe rsons each of whom is, a Scottish body.
(3) The Welsh Ministers are the appropri ate national author ity in relation to
regulations under section 56(6) which add, modify or remove an entry relatingto a person who is, or a description of persons each of whom is, a Welsh body.
(4) The Department of Finance in Northern Ireland is the appropriate national
authority in relation to regulations un der section 56(6) which add, modify or
remove an entry relating to a person wh o is, or a description of persons each of
whom is, a Northern Ireland body.
C
HAPTER  5
SHARING  FOR RESEARCH  PURPOSES
64 Disclosure of informa tion for research purposes
(1) Information held by a public author ity in connection wi th the authority’s
functions may be disclosed to another person for the purposes of research
which is being or is to be carried out.
(2) If the information is personal info rmation it may not be disclosed under
subsection (1) unless the fo llowing conditions are met.
(3) The first condition is that, if the inform ation identifies a part icular person, it is
processed before it is disclosed so that—
(a) the person’s identity is not specified in the information, and
(b) it is not reasonably likely that the person’s identity will be deduced
from the information (whether by it self or taken together with other
information).
(4) For the purposes of the first condit ion the information may be processed by—
(a) the public authority,
(b) a person other than the public authority, or
(c) both the public authority and a pers on other than the public authority,
(subject to the following pr ovisions of this Chapter).
(5) Personal information may be disclosed for the purpose of processing it for
disclosure under subsection (1)—
(a) by a public authority to a pers on involved in processing the
information for that purpose;
(b) subject to sections 67(5), 68(5 ) and 69(5) (information disclosed by
revenue authorities), by  one such person to another such person.
(6) The second condition is that each pe rson who is involved in processing the
information for disclosure takes reasonable steps to—
(a) minimise the risk of the accident al disclosure of information which
identifies a particular person, andDigital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 5 — Sharing for research purposes67
(b) prevent the deliberate disclosure of such information (otherwise than
in accordance with this Chapter).
(7) The third condition is that the disclosu re is made by the public authority or by
a person, other than the public authorit y, who is involved in processing the
information for disclosure  under subsection (1).
(8) The fourth condition is that the research for the purposes of which the
information is disclosed is accredited under section 71.
(9) The fifth condition is that the foll owing are accredited under section 71—
(a) any person (including the publ ic authority) who is involved in
processing the information for di sclosure under subsection (1);
(b) any person to whom information is disclosed unde r subsection (1);
(c) any person by whom such informat ion is used for research purposes.
(10) The sixth condition is that each pe rson who discloses the information or is
involved in processing it for disclosure under subsection (1) has regard to the
code of practice under section 70 in doing so.
(11) For the purposes of th is Chapter information is “personal information” if—
(a) it relates to a particular person  (including a body corporate), but
(b) it is not information about the inte rnal administrative arrangements of
a public authority.
(12) For the purposes of this Chapter info rmation identifies a particular person if
the identity of that person—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other
information.
(13) This section is subject to section 65.
65 Provisions supplementary to section 64
(1) A disclosure under section 64 does not breach—
(a) any obligation of confidence owed by the person making the
disclosure, or
(b) any other restriction on the di sclosure of information (however
imposed).
(2) But nothing in section 64 authorises information to be disclosed if to do so
would—
(a) contravene the Data Protection Act 1998, or
(b) be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.
(3) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by
paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 isfully in force, subsection (2)(b) has effect as if it included a reference to that
Part.
(4) In its application to a public authority with functions relating to the provision
o f  h e a l t h  s e r v i c e s  o r  a d u l t  s o c i a l  c a re, section 64 does not authorise theDigital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 5 — Sharing for research purposes68
disclosure of information held by the authority in connection with such
functions.
(5) Section 64 does not limit the circumstances in which information may be
disclosed apart from that section.
(6) A person within subsecti on (7) may charge a person  who requests information
to be disclosed under section 64(1) a f ee for work done in response to the
request.
(7) The persons mentioned in subsection (6) are—
(a) the public authority to wh om the request is made, and
(b) a person who is involved in proc essing the information for disclosure.
(8) A fee charged under subsection (6) by a public authority (including a person
within subsection (7)(b) who is a public authority) must not exceed the cost to
the person of doing the work for which the fee is charged.
66 Bar on further disclosure of personal information
(1) Subsection (2) applies to personal information—
(a) in which the identity of a particular  person is specified or from which
the identity of a particular person  can be deduced, whether from the
information itself or from that in formation taken together with any
other published information, and
(b) which is received by a person (“ P”) under section 64(1) (disclosure for
research purposes).
(2) Personal information to which this su bsection applies may not be disclosed—
(a) by P, or
(b) by any other person who has received  it directly or indirectly from P.
(3) Subsection (2) does not apply to a disclosure—
(a) to a person by whom th e research referred to in  section 64(1) is being or
is to be carried out, or
(b) for the purposes of enabling anything that is to be published as a result
of the research to be reviewed befo re publication, where the disclosure
is made to a person who is accred ited under section 71 as a person to
whom such information may be disclosed for that purpose.
(4) Subsection (5) applies to personal information which—
(a) identifies a particular person, and
(b) is received by a person (“P”) under section 64(5 ) (disclosure for
processing).
(5) Personal information to which this su bsection applies may not be disclosed—
(a) by P, or
(b) by any other person who has received  it directly or indirectly from P.
(6) Subsection (5) does not apply to a disclosure—
(a) under section 64(1) or (5), or
(b) of information previously disclo sed under section 64(1), where the
disclosure is made by—
(i) the person to whom the information was disclosed under that
provision, orDigital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 5 — Sharing for research purposes69
(ii) any person who has received  the information directly or
indirectly from the person me ntioned in sub-paragraph (i),
(but subsection (2) may a pply to such a disclosure).
(7) Subsection (2) or (5) does  not apply to a disclosure—
(a) which is required or permitted by any enactment,
(b) which is required by an EU obligation,
(c) which is made in pursuanc e of an order of the court,
(d) of information which has already la wfully been made available to the
public,
(e) which is made for the preventi on or detection of crime or the
prevention of anti -social behaviour,
(f) which is made for the purposes  of a criminal investigation,
(g) which is made for the purposes of  legal proceedings (whether civil or
criminal),
(h) which is a protected disclosure  for any of the purposes of the
Employment Rights Act 1996 or th e Employment Rights (Northern
Ireland) Order 1996 (SI 1996/1919 (NI 16)),
(i) consisting of the publication of  information for the purposes of
journalism, where the publication of  the information is in the public
interest, or
(j) which is made with the consent of the person to whom it relates.
(8) In subsection (7)(a) “enactment” includes—
(a) an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament;
(b) an enactment contained in, or in an instrument made under, a Measure
or Act of the National  Assembly for Wales;
(c) an enactment contained in, or in an instrument made under, Northern
Ireland legislation;
(d) an enactment contained in subordinate legislation within the meaning
of the Interpretation Act 1978.
(9) In subsection (7)(e) “anti-social  behaviour” means conduct that—
(a) is likely to cause harassment, alarm or distress to any person, or
(b) is capable of causing nuisance or annoyance to a person in relation to
that person’s occupation of residential premises.
(10) A person commits an offence if—
(a) the person discloses personal  information in contravention of
subsection (2) or (5), and
(b) at the time that the person makes the disclosure, the person knows that
the disclosure contravenes that subsection or is reckless as to whetherthe disclosure does so.
( 1 1 ) A  p e r s o n  w h o  i s  g u i l t y  o f  a n  o f f e n c e  u n d e r  s u b s e c t i o n  ( 1 0 )  i s  l i a b l e  o n
conviction on indictment to imprisonme nt for a term not exceeding two years,
to a fine or to both.
(12) A person who is guilty of an offence under subsection (10) is liable on summary
conviction—
(a) in England and Wales, to impris onment for a term not exceeding 12
months, to a fine or to both;Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 5 — Sharing for research purposes70
(b) in Scotland, to imprisonment for a term not exceeding 12 months, to a
fine not exceeding the statutory maximum or to both;
(c) in Northern Ireland, to imprisonment for a term not exceeding 6
months, to a fine not exceeding the statutory maximum or to both.
(13) In the application of subsection (12 )(a) to an offence committed before the
coming into force of section 154(1) of the Criminal Ju stice Act 2003 the
reference to 12 months is to be read as a reference to 6 months.
(14) This section does not apply to pers onal information disclosed under section
64(1) or (5) by the Revenue and Cust oms, the Welsh Re venue Authority or
Revenue Scotland.
67 Information disclosed by the Revenue and Customs
(1) Subsection (2) applies to personal information—
(a) in which the identity of a particular  person is specified or from which
the identity of a particular person  can be deduced, whether from the
information itself or from that in formation taken together with any
other published information, and
(b) which—
(i) is disclosed under section 64(1) (disclosure for research
purposes) by the Revenue and Customs, or
(ii) is disclosed under section 64(1) by a person other than the
Revenue and Customs and is derived from informationdisclosed under section 64(5) by the Revenue and Customs,
and is received by a person  (“P”) under section 64(1).
(2) Personal information to which this su bsection applies may not be disclosed—
(a) by P, or
(b) by a person to whom the inform ation is disclosed by virtue of
subsection (3).
(3) Subsection (2) does not apply to a disclosure—
(a) to a person by whom th e research referred to in  section 64(1) is being or
is to be carried out, or
(b) for the purposes of enabling anything that is to be published as a result
of the research to be reviewed befo re publication, where the disclosure
is made to a person who is accred ited under section 71 as a person to
whom such information may be disclosed for that purpose.
(4) Subsection (5) applies to personal information which—
(a) identifies a particular person, and
(b) is disclosed by the Revenue and Customs under section 64(5)
(disclosure for processing) and received by a person (“P”).
(5) Personal information to which this su bsection applies may not be disclosed—
(a) by P, or
(b) by any other person who has re ceived it under section 64(5).
(6) Subsection (5) does not apply to  a disclosure under section 64(1).
(7) Subsection (2) or (5) does not apply to  a disclosure which is made with the
consent of the Commissioners for Her Majesty’s Revenue and Customs (which
may be general or specific).Digital Economy Act 2017 (c. 30)
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Chapter 5 — Sharing for research purposes71
(8) A person who contravenes subsection (2) or (5) is guil ty of an offence.
(9) It is a defence for a person charged with an offence unde r subsection (8) to
prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already an d lawfully been made available to
the public.
(10) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and
Customs Act 2005 apply to an offence under subsection (8) as they apply to anoffence under that section.
68 Information disclosed by the Welsh Revenue Authority
(1) Subsection (2) applies to personal information—
(a) in which the identity of a particular  person is specified or from which
the identity of a particular person  can be deduced, whether from the
information itself or from that in formation taken together with any
other published information, and
(b) which—
(i) is disclosed under section 64(1) (disclosure for research
purposes) by the Welsh Revenue Authority, or
(ii) is disclosed under section 64(1) by a person other than the
Welsh Revenue Authority and is  derived from information
disclosed under section 64(5) by the Welsh Revenue Authority,
and is received by a person  (“P”) under section 64(1).
(2) Personal information to which this su bsection applies may not be disclosed—
(a) by P, or
(b) by a person to whom the inform ation is disclosed by virtue of
subsection (3).
(3) Subsection (2) does not apply to a disclosure—
(a) to a person by whom th e research referred to in  section 64(1) is being or
is to be carried out, or
(b) for the purposes of enabling anything that is to be published as a result
of the research to be reviewed befo re publication, where the disclosure
is made to a person who is accred ited under section 71 as a person to
whom such information may be disclosed for that purpose.
(4) Subsection (5) applies to personal information which—
(a) identifies a particular person, and
(b) is disclosed by the Welsh Reve nue Authority under section 64(5)
(disclosure for processing) and received by a person (“P”).
(5) Personal information to which this su bsection applies may not be disclosed—
(a) by P, or
(b) by any other person who has re ceived it under section 64(5).
(6) Subsection (5) does not apply to  a disclosure under section 64(1).
(7) Subsection (2) or (5) does not apply to  a disclosure which is made with the
consent of the Welsh Revenue Authority (which may be general or specific).
(8) A person who contravenes subsection (2) or (5) is guil ty of an offence.Digital Economy Act 2017 (c. 30)
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Chapter 5 — Sharing for research purposes72
(9) It is a defence for a person charged with an offence unde r subsection (8) to
prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already an d lawfully been made available to
the public.
(10) A person who is guilty of an o ffence under subsection (8) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12
months, to a fine, or to both;
(b) on conviction on indictment to im prisonment for a term not exceeding
two years, to a fine or to both.
(11) In the application of subsection (10 )(a) to an offence committed before the
coming into force of section 154(1) of the Criminal Ju stice Act 2003 the
reference to 12 months is to be read as a reference to 6 months.
69 Information disclosed by Revenue Scotland
(1) Subsection (2) applies to personal information—
(a) in which the identity of a particular  person is specified or from which
the identity of a particular person  can be deduced, whether from the
information itself or from that in formation taken together with any
other published information, and
(b) which—
(i) is disclosed under section 64(1) (disclosure for research
purposes) by Revenue Scotland, or
(ii) is disclosed under section 64(1) by a person other than Revenue
Scotland and is derived from  information disclosed under
section 64(5) by Revenue Scotland,
and is received by a person  (“P”) under section 64(1).
(2) Personal information to which this su bsection applies may not be disclosed—
(a) by P, or
(b) by a person to whom the inform ation is disclosed by virtue of
subsection (3).
(3) Subsection (2) does not apply to a disclosure—
(a) to a person by whom th e research referred to in  section 64(1) is being or
is to be carried out, or
(b) for the purposes of enabling anything that is to be published as a result
of the research to be reviewed befo re publication, where the disclosure
is made to a person who is accred ited under section 71 as a person to
whom such information may be disclosed for that purpose.
(4) Subsection (5) applies to personal information which—
(a) identifies a particular person, and
(b) is disclosed by Revenue Scotland under section 64(5 ) (disclosure for
processing) and received  by a person (“P”).
(5) Personal information to which this su bsection applies may not be disclosed—
(a) by P, or
(b) by any other person who has re ceived it under section 64(5).
(6) Subsection (5) does not apply to  a disclosure under section 64(1).Digital Economy Act 2017 (c. 30)
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Chapter 5 — Sharing for research purposes73
(7) Subsection (2) or (5) does not apply to  a disclosure which is made with the
consent of Revenue Scotland (which may be general or specific).
(8) A person who contravenes subsection (2) or (5) is guil ty of an offence.
(9) It is a defence for a person charged with an offence unde r subsection (8) to
prove that the person reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already an d lawfully been made available to
the public.
(10) A person who is guilty of an o ffence under subsection (8) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12
months, to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment to im prisonment for a term not exceeding
two years, to a fine or to both.
70 Code of practice
(1) The Statistics Board must issue a code of practice about—
(a) the disclosure of personal  information under section 64,
(b) the processing of information under that section, and
(c) the holding or use of personal in formation disclosed under that section.
(2) The code of practice must be consistent  with the code of practice issued under
section 52B (data-sharing code) of the Data Protection Act 1998 (as altered orreplaced from time to time).
(3) A public authority must have regard to the code of practice in disclosing
personal information or participating in  the processing of  information under
section 64.
(4) A person who is accredited under sect ion 71(1)(a) must have regard to the code
of practice in participating in the pr ocessing of inform ation for disclosure
under section 64(1).
(5) A person who is accredited under sect ion 71(1)(b), (c) or (d) must have regard
to the code of practice in holding or  using personal information disclosed
under section 64.
( 6 ) T h e  S t a t i s t i c s  B o a r d  m a y  f r o m  t i m e  t o  t i m e  r e v i s e  a n d  r e - i s s u e  t h e  c o d e  o f
practice.
(7) Before issuing or reissuing the code of practice the Statistics Board must
consult—
(a) the Minister for the Cabinet Office,
(b) the Information Commissioner, 
(c) the Commissioners for Her Majesty’s Revenue and Customs,
(d) the Scottish Ministers,
(e) the Welsh Ministers,
(f) the Department of Finance in Northern Ireland, and
(g) such other persons as the Statistics Board thinks appropriate.
(8) The fact that this section was not in force when consul tation of the kind
mentioned in subsection (7) took place i s  t o  b e  d i s r e g a r ded in determining
whether there has been compli ance with that subsection.Digital Economy Act 2017 (c. 30)
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Chapter 5 — Sharing for research purposes74
(9) The Statistics Board may no t issue the code of practice unless a draft of the code
has been laid before, and approved by a resolution of, each House of
Parliament.
(10) Before reissuing the code  the Statistics Board must lay a draft of the code as
proposed to be reissu ed before Parliament.
(11) The Statistics Board may not reissue the code if, within the 40-day period,
either House of Parliament resolves not to approve it.
(12) In subsection (11) “the 40 day period” means—
(a) the period of 40 days beginning wi th the day on which the draft is laid
before Parliament, or
(b) if the draft is not laid before each  House on the same day, the period of
40 days beginning with th e later of the days on which it is laid before
Parliament.
(13) For the purposes of subsection (12) no account is to be taken of any period
during which Parliament is dissolve d or prorogued or during which both
Houses are adjourned for more than four days.
(14) As soon as is reasonably practicabl e after issuing or re issuing the code of
practice the Statistics Board must lay a copy of it before—
(a) the Scottish Parliament,
(b) the National Assembly for Wales, and
(c) the Northern Ireland Assembly.
(15) In disclosing information under section 64, a person must have regard to the
following codes of practice issued by  the Information Commissioner under
section 51(3) of the Data Protection Act 1998, so far as they apply to theinformation in question—
(a) any code which makes provision ab out the identification and reduction
of the risks to privacy of a proposal to disclose information;
(b) any code which makes provision about the information to be provided
to data subjects (within the meanin g of that Act) about the use to be
made of information collected from them.
(16) The duty in subsection (15) does not affect any other requirement for the
person to have regard to a code of practice in disclosing the information.
71 Accreditation for the purp oses of this Chapter
(1) The Statistics Board—
(a) may accredit a person as a person who may be involved in the
processing of information for disclosu re under subsection  (1) of section
64,
(b) may accredit a person as a person to whom information may be
disclosed under that subsection,
(c) may accredit a person as a person by whom information disclosed
under that subsection may be used for research purposes,
(d) may accredit a person as a person to whom such information may be
disclosed for the purposes of a review  of the kind mentioned in section
66(3)(b), 67(3)(b), 68(3)(b) or 69(3)(b),
(e) may accredit research for th e purposes of section 64, and
(f) may withdraw accreditation given under any of paragraphs (a) to (e).Digital Economy Act 2017 (c. 30)
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Chapter 5 — Sharing for research purposes75
(2) The Statistics Board—
(a) must establish and publish condit ions to be met by a person for
accreditation under subsection  (1)(a), (b), (c) or (d),
(b) must establish and publish conditions to be met by research for
accreditation under subsection (1)(e), and
(c) must establish and publish grounds for the withdrawal of accreditation
under subsection (1)(f).
(3) The conditions established and publis hed under subsection (2)(a) must, in the
case of a person seeking accreditation to be involved in the processing of
information for disclosure under sectio n 64(1), include a condition that the
person is a fit and proper person to  be involved in such processing.
(4) The conditions established and publis hed under subsection (2)(b) must include
a condition that the research is in the public interest.
(5) The grounds established and published under subsection (2)(c) must, in the
case of a person accredited under this  section, include the ground that the
person has failed to have regard to the code of practice under section 70.
(6) Before publishing conditions under su bsection (2)(a) or (b ) or grounds under
subsection (2)(c), the Statistics Board must consult—
(a) the Minister for the Cabinet Office,
(b) the Information Commissioner, 
(c) the Commissioners for Her Majesty’s Revenue and Customs,
(d) the Scottish Ministers,
(e) the Welsh Ministers,
(f) the Department of Finance in Northern Ireland, and
(g) such other persons as the Statistics Board thinks appropriate.
(7) The Statistics Board—
(a) may from time to time revise conditions or grounds published under
this section, and
(b) if it does so, must publish the conditions or grounds as revised.
(8) Subsection (6) applies in relation to the publication of conditions or grounds
under subsection (7) as it applies in rela tion to the publication of conditions or
grounds under subsection (2).
(9) The Statistics Board must maintain and publish—
(a) a register of persons who are accredited under subsection (1)(a),
(b) a register of persons who are accredited under subsection (1)(b),
(c) a register of persons who are accr edited under subsection (1)(c), and
(d) a register of persons who are accredited under subsection (1)(d).
(10) A register under any of the paragraphs of subsection (9) may be combined with
a register under any of the other paragraphs of th at subsection.
(11) Anything required by this section to  be published must be published in such
manner as the Statistics Board thinks appropriate for bringing it to theattention of persons likely to be affected by it.Digital Economy Act 2017 (c. 30)
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Chapter 5 — Sharing for research purposes76
72 Delegation of functions of the Statistics Board
(1) The Statistics Board may delegate an y of its functions under section 71 to
another person if the Boar d thinks that the person—
(a) is a fit and proper person to ex ercise the function  in question, and
(b) has expertise in statistical research and analysis.
(2) Subsection (1) does not affect the operation of section 36 of the Statistics and
Registration Service Act 2007 (del egation of Board’s functions).
73 Interpretation of this Chapter
(1) In this Chapter—
“personal information” has the me aning given by section 64(11);
“public authority” means a person wi th functions of a public nature,
subject to subsection (2);
“the Revenue and Customs” has the meaning given by section 17(3) of the
Commissioners for Revenue and Customs Act 2005.
(2) A person is not a public authority fo r the purposes of this Chapter if the
person—
(a) only has functions relating to the provision of health services,
(b) only has functions relating to the provision of adult social care, or
(c) only has functions within pa ragraph (a) and paragraph (b).
(3) The following are to be disregarded in determining whether subsection (2)
applies to a person—
(a) any power (however expressed) to do  things which are incidental to the
carrying out of another fu nction of that person;
(b) any function which the person exer cises or may exercise on behalf of
another person.
(4) In this Chapter “health services” means—
(a) services which must or may be provided as part of the health service as
defined by section 275(1) of the National Health Service Act 2006 orsection 206(1) of the National Health Service (Wales) Act 2006,
(b) services which must or may be provid ed as part of the health service as
defined by section 108(1) of the National Health Service (Scotland) Act1978, or
(c) services designed to secure any of the objects of section 2(1)(a) of the
Health and Social Care (Reform)  Act (Northern Ireland) 2009.
(5) In this Chapter “adult social care” includes all forms of personal care and other
practical assistance provided for individu als aged 18 or over who, by reason of
age, illness, disability, pregnancy, chil dbirth, dependence on alcohol or drugs,
or any other similar circumstances, are in need of such care or assistance.
(6) References in this Chapter to informat ion which identifies a particular person
are to be read in accord ance with section 64(12).Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 6 — Disclosure by revenue authorities77
CHAPTER  6
DISCLOSURE  BY REVENUE  AUTHORITIES
74 Disclosure of non-identifying information by the Revenue and Customs
(1) A Revenue and Customs official may disclose to any person information held
by the Revenue and Customs in connection  with a function of the Revenue and
Customs if—
(a) the information is non-identifying information, and
(b) the official thinks that the disclo sure would be in the public interest.
(2) Information is non-identifying informat ion for the purposes of this section if—
(a) it is not, and has never been, identifying information, or
(b) it has been created by combining identifying information, but is not
itself identifying information.
(3) Information is identifying information for the purposes of this section if it
relates to a person whose identity—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other
information.
(4) In this section—
(a) “Revenue and Customs official” has the meaning given by section
18(4)(a) of the Commissioners for Revenue and Customs Act 2005,
(b) “the Revenue and Customs” has the meaning given by section 17(3) of
that Act, and
(c) “function of the Revenue and Customs” has the meaning given by
section 18(4)(c) of that Act.
75 Disclosure of non-identifying information by the Welsh Revenue Authority
(1) A relevant official of the Welsh Revenue Authority may disclose relevant
information to any person if—
(a) the information is non-identifying information, and
(b) the official thinks that the disclo sure would be in the public interest.
(2) Information is non-identifying informat ion for the purposes of this section if—
(a) it is not, and has never been, identifying information, or
(b) it has been created by combining identifying information, but is not
itself identifying information.
(3) Information is identifying information for the purposes of this section if it
relates to a person whose identity—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other
information.
(4) In this section—Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 6 — Disclosure by revenue authorities78
(a) “relevant official of the Welsh Revenue Authority” means a person
within any of paragraphs (a) to (d) of section 17(2) of  the Tax Collection
and Management (Wales) Act 2016, and
(b) “relevant information”  means information which—
(i) is held by the Welsh Revenue Au thority in connection with its
functions, or
(ii) is held by a person to whom any of the functions of the Welsh
Revenue Authority have been delegated in connection with
those functions.
76 Disclosure of non-identifying information by Revenue Scotland
(1) A relevant official of Revenue Scotland  may disclose to any person information
held by a relevant person in connec tion with a relevant function if—
(a) the information is non-identifying information, and
(b) the official thinks that the disclo sure would be in the public interest.
(2) Information is non-identifying informat ion for the purposes of this section if—
(a) it is not, and has never been, identifying information, or
(b) it has been created by combining identifying information, but is not
itself identifying information.
(3) Information is identifying information for the purposes of this section if it
relates to a person whose identity—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other
information.
(4) In this section—
(a) “relevant official of Revenue Scotland” means a relevant official as
defined by section 15(2) of the Revenue Scotland and Tax Powers Act2014,
(b) “relevant person” has the meaning given by section 13(2) of that Act,
and
(c) “relevant function” means a function mentioned in section 13(3)(a),
(b)(i) or (c)(i) of that Act.
77 Disclosure of employer reference information by the Revenue and Customs
(1) A Revenue and Customs official may di sclose employer reference information
held by the Revenue and Customs to th e Employers’ Liability Tracing Office
for use by it for the permitted purpose.
(2) The Employers’ Liability Tracing Office  is the company registered in England
and Wales with the company registration number 06964651.
(3) The permitted purpose is the purpose of providing assistance in connection
with—
(a) claims against an employer, or an  employer’s insurer, arising from
personal injury or death that occurre d, or is alleged to have occurred,
in the course of a person’s em ployment by that employer, or
(b) applications for a payment under the Diffuse Mesothelioma Payment
Scheme established under th e Mesothelioma Act 2014.Digital Economy Act 2017 (c. 30)
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Chapter 6 — Disclosure by revenue authorities79
(4) “Employer reference information” me ans any of the following information
relating to an employer— 
(a) the employer’s name and address;
(b) any combination of numbers, lette rs or characters that is uniquely
associated with the employer and used by the Revenue and Customs to
identify or refer to the employer, whether generally or for particular
purposes.
(5) References in this section to an empl oyer include references to a person who
has at any time been an employer.
(6) In this section— 
“employer” and “employment” have the same meaning as in the
employment income Parts of the Income Tax (Earnings and Pensions)Act 2003;
“Revenue and Customs official” has th e meaning given by section 18(4)(a)
of the Commissioners for Revenue and Customs Act 2005;
“the Revenue and Customs” has the meaning given by section 17(3) of that
Act.
C
HAPTER  7
STATISTICS
78 Disclosure of information by the Revenue  and Customs to th e Statistics Board
(1) Section 45 of the Statistics and Registration Service Act 2007 (disclosure of
HMRC information to the Statistics Board) is amended as follows.
(2) In subsection (2) omit “, other than its function under section 22 (statistical
services)”.
(3) After subsection (2) insert—
“(2A) In determining whether the condition in subsection (2) is met the
Commissioners must have regard to any views of the Board which havebeen communicated to them.”
(4) In subsection (3) omit “, other than its function under section 22”.
(5) After that subsection insert—
“(3A) Information disclosed under subsection (1) may not be used by the
Board for the purposes of its func tion under section 22 (statistical
services) except with the consent of the Commissioners.”
(6) After subsection (4) insert—
“(4A) In disclosing information under subsection (1), the Commissioners or
an officer of Revenue and Customs must have regard to the followingcodes of practice issued by the Information Commissioner undersection 51(3) of the Data Protection Act 1998, so far as they apply to theinformation in question—
(a) any code which makes provisio n about the identification and
reduction of the risks to priv acy of a proposal to disclose
information;Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 7 — Statistics80
(b) any code which makes provision about the information to be
provided to data subjects (within the meaning of that Act) aboutthe use to be made of information collected from them.
(4B) The duty in subsection (4A) to ha ve regard to a code of practice does
not affect any other requirement for the Commissioners or an officer of
Revenue and Customs to have regard to a code of practice under theData Protection Act 1998 in disclosing the information.
(4C) In determining how to comply with  the duty in subsection (4A) the
Commissioners or the officer of Revenue and Customs must haveregard to any views of the Boar d which are communicated to the
Commissioners or the officer.”
(7) Omit subsection (5) (which  prevents the disclosure of  personal information not
relating to imports or exports).
79 Disclosure of information by public  authorities to the Statistics Board
(1) The Statistics and Registration Service Act 2007 is amended as follows.(2) After section 45 insert—
“45A Information held by other public authorities
(1) A public authority to which this section applies may, subject to this
section, disclose to the Board any information held by the authority in
connection with its functions.
(2) This section applies to a public authority other than—
(a) the Commissioners for Her Majesty’s Revenue and Customs, or
(b) an officer of Revenue and Customs.
(3) A public authority may disclose information under subsection (1) only
if it is satisfied that the Board requ ires the information to enable it to
exercise one or more of its functions.
(4) In determining whether the condition in subsection (3) is met the public
authority must have rega rd to any views of the Board which have been
communicated to the authority.
(5) Information disclosed under subsection (1) may only be used by the
Board for the purposes of any one or more of its functions.
(6) Information disclosed under subsection (1) may not be used by the
Board for the purposes of its func tion under section 22 (statistical
services) except with the consent of the public authority whichdisclosed the information.
(7) Where personal information is disc losed by a public authority to the
Board under subsection (1), the Boar d may not disclose the information
to an approved researcher under section 39(4)(i) except with the
consent of the public authority.
(8) In disclosing information under subs ection (1), a public authority must
have regard to the following co des of practice issued by the
Information Commissioner under sect ion 51(3) of the Data Protection
Act 1998, so far as they apply to the information in question—Digital Economy Act 2017 (c. 30)
Part 5 — Digital government
Chapter 7 — Statistics81
(a) any code which makes provisio n about the identification and
reduction of the risks to priv acy of a proposal to disclose
information;
(b) any code which makes provision about the information to be
provided to data subjects (within the meaning of that Act) aboutthe use to be made of information collected from them.
(9) The duty in subsection (8) to have regard to a code of practice does not
affect any other requirem ent for the public authority to have regard to
a code of practice under the Data Pr otection Act 1998 in disclosing the
information.
(10) In determining how to comply wi th the duty in subsection (8) the
public authority must have regard to any views of the Board which are
communicated to the authority.
(11) A disclosure under subsection (1) does not breach—
(a) any obligation of confidence  owed by the public authority
making the disclosure, or
(b) any other restriction on the di sclosure of information (however
imposed).
(12) But subsection (1) does not authorise the making of a disclosure
which—
(a) contravenes the Data  Protection Act 1998,
(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016, or
(c) contravenes directly applicable  EU legislation or any enactment
to the extent that it implements EU legislation.
(13) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act
2000 by paragraphs 45 and 54 of Schedule 10 to the InvestigatoryPowers Act 2016 is fully in force, su bsection (12)(b) has effect as if it
included a reference to that Part.
(14) This section does not limit the ci rcumstances in which information may
be disclosed apart from this section.”
(3) Omit—
(a) section 47 (power to author ise disclosure to the Board);
(b) section 48 (power to authorise disclosure to the Board: Scotland);
(c) section 49 (power to authorise disclosure to the Board: Northern
Ireland).
(4) In section 54 (Data Protection Act 1998 and Human Rights Act 1998) for “47”
substitute “50”.
(5) In section 65 (ord ers and regulations)—
(a) in subsection (4) omit “47(11),”,
(b) in subsection (5)(b) omit “47,”,
(c) in subsection (6)(b) omit “48 or”, and
(d) in subsection (9)(c) omit “49 or”.
(6) In section 67 (general interpretati on) for the definition of “enactment”
substitute—
““enactment” includes—Digital Economy Act 2017 (c. 30)
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(a) an enactment contained in subordinate legislation
within the meaning of the Interpretation Act 1978;
(b) an enactment contained in, or in an instrument made
under, an Act of the Scottish Parliament;
(c) an enactment contained in, or in an instrument made
under, a Measure or Act of the National Assembly forWales;
(d) an enactment contained in, or in an instrument made
under, Northern Ireland legislation;”.
80 Access to informati on by the Statistics Board
After section 45A of the Statistics an d Registration Serv ice Act 2007 (inserted
by section 79) insert—
“45B Access to information held by Crown bodies etc
(1) This section applies to—
(a) a public authority which is an emanation of the Crown or a
servant or agent of the Crown,
(b) the Bank of England (including in the exercise of its functions as
the Prudential Regu lation Authority),
(c) a subsidiary undertaking of the Bank of England within the
meaning of the Companies Acts (see sections 1161 and 1162 ofthe Companies Act 2006),
(d) the Financial Conduct Authority, and
(e) the Payment Systems Regulator established under section 40 of
the Financial Services (B anking Reform) Act 2013.
(2) Subject to this section and section 45E, the Board has a right of access to
information which—
(a) is held by a public authority to which this section applies in
connection with its functions, and
(b) is required by the Board to enable it to exercise one or more of
its functions.
(3) Subsection (2) does not apply to in formation if the disclosure of that
information—
(a) would contravene the Data Protection Act 1998,
(b) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part
9 of the Investigatory Powers Act 2016, or
(c) would contravene directly applicable EU legislation or any
enactment to the extent that it implements EU legislation.
(4) Until the repeal of Part 1 of the Re gulation of Investigatory Powers Act
2000 by paragraphs 45 and 54 of Schedule 10 to the InvestigatoryPowers Act 2016 is fully in force, subsection (3)(b) has effect as if it
included a reference to that Part.
(5) The right of access in subsection (2) is to be exercised in accordance
with the following provisions of this section.
(6) The Board may, by notice in writin g to the public authority, request the
authority to disclose the information to the Board.Digital Economy Act 2017 (c. 30)
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(7) A notice under su bsection (6) must—
(a) set out the Board’s reasons for requesting the information to be
disclosed, and
(b) specify the date by which or the period within which the public
authority must respond to the request.
(8) The public authority must, by that date or within that period, provide
a response in writin g to the Board which—
(a) indicates that it is willing to  provide the information and gives
the date by which it will be provided, or
(b) indicates that it is not willing to provide the information and
gives reasons for not providing it.
(9) Subsection (10) applies if—
(a) the public authority fails to respond to the request in
accordance with subsection (8),
(b) the public authority indicates that  it is not willing to provide the
information requested, or
(c) the public authority has indicated that it is willing to provide
the information requested, but the Board considers that the
public authority is failing to take reasonable steps to complywith that request.
(10) The Board may lay the request and any response by the public
authority before the relevant legislature.
(11) In subsection (10) “the relevant legislature” means Parliament, subject
as follows.
(12) The Scottish Parliament is the relevant legislature if the public
authority—
(a) is a part of the Scottish Administration, or
(b) is a Scottish public author ity with mixed functions or no
reserved functions (within the meaning of the Scotland Act1998).
(13) The National Assembly for Wales is the relevant legisl ature if the public
authority is a devolved Welsh author ity as defined by section 157A of
the Government of Wales Act 2006.
(14) The Northern Ireland Assembly is the relevant legislature if—
(a) the public authority exerci ses functions only as regards
Northern Ireland, and
(b) its functions are wholly or mainly functions which relate to
transferred matters (within the meaning of the Northern IrelandAct 1998).
(15) This section does not apply to—
(a) Her Majesty in He r private capacity,
(b) Her Majesty in right of the Duchy of Lancaster, or
(c) the Duke of Cornwall.
(16) Until the coming into force of section 12 of the Bank of England and
Financial Services Act 2016 subsection  (1)(b) has effect as if the words
in brackets were omitted.Digital Economy Act 2017 (c. 30)
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45C Power to require disclosu res by other public authorities
(1) This section applies to a public authority to which section 45B does not
apply (other than one within subs ection (15) of that section). 
(2) Subject to this section and sectio n 45E, the Board may, by notice in
writing to a public authority to whic h this section applies, require the
authority to disclose to the Board information which—
(a) is held by the authority in co nnection with its functions, and
(b) is specified, or is of a kind specified, in the notice.
(3) A notice under subsection (2) may require information to be disclosed
on more than one date specified in the notice within a period specified
in the notice.
(4) A notice under subsection (2) othe r than one within subsection (3) must
specify the date by which or the pe riod within which the information
must be disclosed.
(5) A notice under subsection (2) may specify the form or manner in which
the information to which it relates must be disclosed.
(6) A notice under subsection (2) may require the public authority to
consult the Board before making changes to—
(a) its processes for collecting, orga nising, storing or retrieving the
information to which the notice relates, or
(b) its processes for supplying such information to the Board.
(7) The reference in subsec tion (6) to making changes to a process includes
introducing or removing a process.
(8) The Board may give a notice unde r subsection (2) on ly if the Board
requires the information to which th e notice relates to enable it to
exercise one or more of its functions.
(9) The Board must obtain the consen t of the Scottish Ministers before
giving a notice under subsection (2) to a public authority which is aScottish public authority with mixed functions or no reserved functions
(within the meaning of the Scotland Act 1998).
(10) The Board must obtain the consent of the Welsh Ministers before giving
a notice under subsection (2) to a public authority which is a devolved
Welsh authority as defined by section 157A of the Government ofWales Act 2006.
(11) The Board must obtain the consent of the Department of Finance in
Northern Ireland before giving a noti ce under subsection (2) to a public
authority if—
(a) the public authority exerci ses functions only as regards
Northern Ireland, and
(b) its functions are wholly or mainly functions which relate to
transferred matters (within the meaning of the Northern IrelandAct 1998).
(12) A public authority to which a notice under subsection (2) is given must
comply with it.Digital Economy Act 2017 (c. 30)
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(13) But the public auth ority need not comply with the notice if
compliance—
(a) might prejudice national security,
(b) would contravene the Data Protection Act 1998,
(c) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part
9 of the Investigatory Powers Act 2016, or
(d) would contravene directly applicable EU legislation or any
enactment to the extent that it implements EU legislation.
(14) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act
2000 by paragraphs 45 and 54 of Schedule 10 to the InvestigatoryPowers Act 2016 is fully in force, su bsection (13)(c) has effect as if it
included a reference to that Part.
45D Power to require disclosure by undertakings
(1) Subject to this section and sectio n 45E, the Board may, by notice in
writing to an undertaking, require the undertaking to disclose to the
Board information which—
(a) is held by the undertaking, and
(b) is specified, or is of a kind specified, in the notice.
(2) A notice under subsection (1) may require information to be disclosed
on more than one date specified in the notice within a period specified
in the notice.
(3) A notice under subsection (1) othe r than one within subsection (2) must
specify the date by which or the pe riod within which the information
must be disclosed.
(4) A notice under subsection (1) may specify the form or manner in which
the information to which it relates must be disclosed.
(5) A notice under subsection (1) ma y require the undertaking to consult
the Board before making changes to—
(a) its processes for collecting, orga nising, storing or retrieving the
information to which the notice relates, or
(b) its processes for supplying such information to the Board.
(6) The reference in subsec tion (5) to making changes to a process includes
introducing or removing a process.
(7) The Board may give a notice unde r subsection (1) on ly if the Board
requires the information to which th e notice relates to enable it to
exercise one or more of its functions.
(8) An undertaking to which a notice under subsection (1) is given must
comply with it.
(9) But the undertaking need not comply with the notice if compliance—
(a) might prejudice national security,
(b) would contravene the Da ta Protection Act 1998, or
(c) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part
9 of the Investigatory Powers Act 2016.
(10) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act
2000 by paragraphs 45 and 54 of Schedule 10 to the InvestigatoryDigital Economy Act 2017 (c. 30)
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P o w e r s  A c t  2 0 1 6  i s  f u l l y  i n  f o r c e ,  subsection (9)(c) ha s effect as if it
included a reference to that Part.
(11) Subject to subsection (13), in  this section “undertaking” means—
(a) any person carrying on a trade or business, whether or not with
a view to profit, or
(b) any charity.
(12) In subsection (11) “charity” mean s a body, or the trustees of a trust,
established for charitable purposes only.
(13) The following are not undertakings for the purposes of this section—
(a) a public authority;
(b) a micro business;
(c) a small business.
(14) Section 33 of the Small Business, Enterprise and Employment Act 2015
(definitions of small and micro bu siness) and regulations made under
that section apply in relation to subs ection (13) as they apply in relation
to subordinate legislation within subsection (1) of that section.
45E Further provisions about powe rs in sections 45B, 45C and 45D
(1) Information disclosed under section 45B, 45C or 45D may only be used
by the Board for the purposes of any one or more of its functions.
(2) Information disclosed under section 45B, 45C or 45D may not be used
by the Board for the purposes of its function under section 22 (statistical
services) except with the consent of the person who disclosed the
information.
(3) Where personal information is disclosed under section 45B, 45C or 45D,
the Board may not disclose the information to an approved researcherunder section 39(4)(i) except with  the consent of the person who
disclosed the information.
(4) A disclosure pursuant to sectio n 45B, 45C or 45D does not breach—
(a) any obligation of confidence owed by the person making the
disclosure, or
(b) any other restriction on the di sclosure of information (however
imposed).
(5) The Board must prepare and publish a statement of—
( a ) t h e  p r i n c i p l e s  t o  w h i c h  i t  w i l l  h a v e  r e g a r d  i n  e x e r c i s i n g  i t s
functions under sections 45B, 45C and 45D, and
(b) the procedures which it will ad opt in exercising those functions.
(6) The statement must be consistent with the code of practice issued under
section 52B (data-sharing code) of the Data Protection Act 1998 (asaltered or replaced from time to time).
(7) The Board may at any ti me revise the statement and, if it decides to do
so, must publish the statement as revised.
(8) In preparing or revising the statement the Board must consult—
(a) the Minister for the Cabinet Office,
(b) the Information Commissioner,Digital Economy Act 2017 (c. 30)
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(c) the Scottish Ministers,
(d) the Welsh Ministers,
(e) the Department of Finance in Northern Ireland, and
(f) such other persons as the Board thinks fit.
(9) The fact that this section was not in force when consultation of the kind
mentioned in subsection (8) took place is to be disregarded indetermining whether there has been compliance with that subsection.
(10) The Board may not publish the original statement under this section
unless a draft of the statement has be en laid before, and approved by a
resolution of, each House of Parliament.
(11) Before publishing a revised stat ement under this section the Board
must lay a draft of the statement as proposed to be published beforeParliament.
(12) The Board may not publish the revised statement if, within the 40-day
period, either House of Parliament resolves not to approve it.
(13) In subsection (12) “the 40 day period” means—
(a) the period of 40 days beginnin g with the day on which the draft
is laid before Parliament, or
(b) if the draft is not laid before each House on the same day, the
period of 40 days beginning with  the later of the days on which
it is laid before Parliament.
(14) For the purposes of subsection (13) no account is to be taken of any
period during which Parliament is  dissolved or prorogued or during
which both Houses are adjourned for more than four days.
(15) After preparing or revising a statement the Board must lay the
statement, or the statement as revised, before—
(a) the Scottish Parliament,
(b) the National Asse mbly for Wales, and
(c) the Northern Ireland Assembly.
(16) In exercising any of its functions under section 45B, 45C or 45D to
require the disclosure of informatio n, the Board must have regard to
any code of practice issued by the Information Commissioner undersection 51(3) of the Data Protecti on Act 1998 which makes provision
about the identification and reduction of the risks to privacy of ap r o p o s a l  t o  d i s c l o s e  i n f o r m a t i o n ,  s o  f a r  a s  t h e  c o d e  a p p l i e s  t o  t h einformation in question.
(17) The duty in subsection (16) to have regard to a code of practice does not
affect any other requirement for the Board to have regard to a code of
practice under the Data Protection Ac t 1998 in exercising the function.
45F Offences relating to notices under section 45C or 45D
(1) A person is guilty of an offence if—
(a) the person is given a notice under section 45C or 45D,
(b) the person is required to comply with the notice,
(c) the person fails to do so, and
(d) the person does not have a reasonable excuse for that failure.Digital Economy Act 2017 (c. 30)
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(2) A person is guilty of an offence if, in purporting to comply with a notice
under section 45C or 45D, the person—
(a) provides information which is false in a material respect, and
(b) knows that the information is fa lse in that respect or is reckless
as to whether it is false in that respect.
(3) A person who is guilty of an offence under subsection (1) or (2) is liable
on summary conviction—
(a) in England and Wales, to a fine, and
(b) in Scotland or Northern Ireland, to a fine not exceeding level 5
on the standard scale.
(4) If an offence under this section is committed by a body corporate with
the consent or connivance of an office r of the body, the officer, as well
as the body, is to be treated as having committed the offence.
(5) In subsection (4) a refe rence to an officer of a body includes a reference
to—
(a) a director, manager or secretary,
(b) a person purporting to act as  a director, manager or secretary,
and
(c) if the affairs of the body are managed by its members, a
member.
(6) Where an offence under this section is committed by a partnership
(whether or not a limited partnershi p) subsection (4) has effect, but as
if a reference to an officer of  the body were a reference to—
(a) a partner, and
(b) a person purporting to act as a partner.
45G Code of practice on changes to data systems
(1) The Board must prepare, adop t and publish a code of practice
containing guidance on the matters to  be taken into account by a public
authority in making changes to—
(a) its processes for collecting, organising, storing or retrieving
information, or
(b) its processes (if any) for su pplying information to the Board.
(2) A public authority must have regard  to any code of practice under this
section in making such changes.
(3) The Board may at any time revise a code of practice under this section
and, if it decides to do so, mu st publish the code as revised.
(4) In preparing or revising a code of practice under this section, the Board
must consult—
(a) the Minister for the Cabinet Office,
(b) the Scottish Ministers,
(c) the Welsh Ministers,
(d) the Department of Finance in Northern Ireland, and
(e) such other persons as the Board thinks fit.
(5) The fact that this section was not in force when consultation of the kind
mentioned in subsection (4) took place is to be disregarded indetermining whether there has been compliance with that subsection.Digital Economy Act 2017 (c. 30)
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(6) The Board may not publish the orig inal code of practice under this
section unless a draft of the code has been laid before, and approved bya resolution of, each  House of Parliament
(7) Before publishing a revised code of practice under this section the
Board must lay a draft of the code as proposed to be published before
Parliament.
(8) The Board may not publish the revised code of practice if, within the 40-
day period, either House of Parlia ment resolves not to approve it.
(9) In subsection (8) “the 40 day period” means—
(a) the period of 40 days beginnin g with the day on which the draft
is laid before Parliament, or
(b) if the draft is not laid before each House on the same day, the
period of 40 days beginning with  the later of the days on which
it is laid before Parliament.
(10) For the purposes of subsection (9) no account is to be taken of any
period during which Parliament is  dissolved or prorogued or during
which both Houses are adjourned for more than four days.
(11) After preparing or revising a code  of practice under this section the
Board must lay the code, or the code as revised, before—
(a) the Scottish Parliament,
(b) the National Asse mbly for Wales, and
(c) the Northern Ireland Assembly.
(12) The reference in subsec tion (1) to making changes to a process includes
introducing or removing a process.
(13) This section binds the Crown.
(14) The reference to the Crown in subsection (13) does not include—
(a) Her Majesty in He r private capacity,
(b) Her Majesty in right of the Duchy of Lancaster, or
(c) the Duke of Cornwall.”
81 Disclosure by the Statistics Board to devolved administrations
After section 53 of the Statistics and Registration Service Act 2007 insert—
“53A Disclosure by the Board to devolved administrations
(1) Subject to this section, the Board may disclose information held by the
Board in connection with the exerci se of any of its functions to a
devolved authority.
(2) In this section “devolved authority” means—
(a) a person who is a part of  the Scottish Administration,
(b) the Welsh Ministers,
(c) the Department of Finance in Northern Ireland, or
(d) the Registrar Genera l for Northern Ireland.
(3) Information may only be disclose d under this sectio n for the purposes
of any or all of the statistical functions of a devolved authority.Digital Economy Act 2017 (c. 30)
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(4) Information may only be disclosed under this section in response to a
request in writing by a devolved authority which specifies—
(a) the information which is sought, and
(b) the purposes for which it is sought.
(5) A request under subsec tion (4) may request information to be disclosed
on more than one date specified in the notice within a period specified
in the notice.
(6) Information may be disclose d under this section only if—
(a) the Board is satisfied that th e information is required for the
purposes of the statistical func tions of the devolved authority
which are specified in the request,
(b) the Board is satisfied that the information will not be used for
any other purpose, and
(c) if the information was obtain ed by the Board from a public
authority, the authority co nsents to the disclosure.
(7) The Board may—
(a) disclose information under this section subject to conditions to
be met by the devolved authority;
(b) from time to time modify conditions subject to which
information has been disclosed;
(c) in the case of information which it is disclosing in response to a
request to which subsection (5 ) applies, cease to disclose
information in response to the request if any of the conditions
are breached.
(8) A devolved authority may only use information disclosed under this
section for the purposes for which it was disclosed.
(9) In disclosing information under su bsection (1), the Board must have
regard to the following codes of pr actice issued by the Information
Commissioner under section 51(3) of the Data Protection Act 1998, sofar as they apply to the information in question—
(a) any code which makes provisio n about the identification and
reduction of the risks to priv acy of a proposal to disclose
information;
(b) any code which makes provision about the information to be
provided to data subjects (within the meaning of that Act) aboutthe use to be made of information collected from them.
(10) The duty in subsection (9) to have regard to a code of practice does not
affect any other requirement for the Board to have regard to a code of
practice under the Data Protecti on Act 1998 in disclosing the
information.
(11) In the application of section 39 to personal information which has been
disclosed to a devolved authority un der this section, paragraphs (c)
and (i) of subsection (4) of  that section do not apply.
(12) This section does not authorise the making of a disclosure which
would—
(a) breach any obligation of co nfidence owed by the Board,
(b) contravene the Data Protection Act 1998,Digital Economy Act 2017 (c. 30)
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(c) be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016, or
(d) breach any other restriction on  the disclosure of information
(however imposed).
(13) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act
2000 by paragraphs 45 and 54 of Schedule 10 to the InvestigatoryPowers Act 2016 is fully in force, su bsection (12)(c) has effect as if it
included a reference to that Part.
(14) Nothing in this section affects the scope of the powers in sections 51 to
53.”
P
ART 6
MISCELLANEOUS
OFCOM: reports etc
82 OFCOM reports on infrastructure etc
(1) The Communications Act 2003 is amended as follows.(2) After section 134A insert—
“134AA Additional OFCOM reports on infrastructure etc
(1) OFCOM may prepare reports dealing with—
(a) any of the electronic communications network matters listed in
section 134B(1);
(b) any of the electronic communica tions services matters listed in
section 134B(2).
(2) OFCOM may publish a report under this section in such manner as
they consider appropriate for bringing it to the attention of personswho, in their opinion, are likely  to have an interest in it.
(3) Before publishing a report under this section OFCOM must consider—
(a) whether any of the informat ion to be contained in it is
information that they could refuse to disclose in response to arequest under the Freedom of Information Act 2000, and
(b) if so, whether that informatio n should be excluded from the
report.
(4) This section does not affect OFCOM’s duty to prepare reports under
section 134A.
134AB Publication of information required for purpose of preparing reports
(1) OFCOM may publish—
(a) any relevant sectio n 135 information, and
(b) any information derived from relevant section 135 information.
(2) Before publishing informatio n under this section OFCOM must
consider—Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous92
(a) whether any of the information that they propose to publish is
information that they could refuse to disclose in response to arequest under the Freedom of Information Act 2000, and
(b) if so, whether that information should be published.
(3) In this section “relevant section 135 information” means information
required by OFCOM under section 13 5 for the purpose of preparing a
report under section 134A or 134AA.”
(3) In section 134B (networks and services matters)—
(a) in subsections (1) and (2), for “section 134A” substitute “sections 134A
and 134AA”, and
(b) in subsection (4), after “134A” insert “or 134AA”.
(4) In section 135(3) (information requir ed for purposes of OFCOM functions),
after paragraph (ic) insert—
“(ica) preparing a report under section 134AA;”.
(5) In section 393(6)(a) (general restrictio ns on disclosure of information), after
“26” insert “, 134AB”.
83 Comparative overviews of quality and prices
(1) The Communications Act 2003 is amended as follows.
(2) After section 134C insert—
“Comparative overviews
134D Comparative overviews of quality and prices
(1) OFCOM may, in the interest of the end-users of public electronic
communications services, carry out comparative overviews of thequality and prices of such services.
(2) OFCOM may publish a comparative overview carried out under this
section in such manner as they cons ider appropriate for bringing it to
the attention of persons who, in th eir opinion, are likely to have an
interest in it.”
(3) In section 136 (information required for related purposes)—
(a) in subsection (1) for “specified in subsection (2)” substitute “of carrying
out comparative overviews under section 134D”, and
(b) omit subsection (2).
(4) In section 393(6) (general restrictions  on disclosure of information), after
paragraph (b) insert—
“(ba) limits the matters that may be published as part of a
comparative overview carried out by OFCOM under section134D;”.
OFCOM: information
84 Conditions about alloca tion of telephone numbers
In section 58 of the Communications Act 2003 (conditions about allocation andDigital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous93
adoption of telephone numbers) , after subsection (2) insert—
“(2A) General conditions may also require a communications provider to
whom telephone numbers have been allocated—
(a) to provide OFCOM with any information that was not required
to accompany the application for allocation of the numberswhen it was made but which is now required to accompanysuch applications;
(b) to inform OFCOM of any changes to information that
accompanied the application for allocation of the numbers or
that has been provided in accordance with a condition set underparagraph (a);
(c) to inform OFCOM of any propos al by the provider to cease to
provide an electronic communic ations network or electronic
communications service;
(d) to inform OFCOM of any ci rcumstances or events of a
description specified in the condition.”
85 Provision of information to OFCOM
(1) Section 135 of the Communications Act 2003 (information required for
purposes of functions) is amended as follows.
(2) For subsection (1) substitute—
“(1) OFCOM may require a person fallin g within subsection (2) to provide
them with all such information as  they consider necessary for the
purpose of carrying out their functions under—
(a) section 14(1),
(b) section 26, so far as relating to  matters in relation to which they
have functions under this Chapter, or
(c) this Chapter.”
(3) In the heading for “Chapter 1” substitute “certain OFCOM”.
86 Information required from communications providers
(1) The Communications Act 2003 is amended as follows.
(2) After section 137 insert—
“137A Information required from communications providers
(1) OFCOM may require a communications provider—
(a) to publish any information held by the provider, or
(b) to provide any such information to OFCOM for publication by
OFCOM.
(2) The information that OFCOM may require the communications
provider to publish or provid e under subsection (1) includes
information that OFCOM require the provider to produce, generate or
obtain for that purpose.
(3) For that purpose OFCOM may,  in particular, require the
communications provider—Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous94
(a) to collect or retain any inform ation that the provider would not
otherwise collect or retain,
(b) to process, collate or analyse any information held by the
provider, or
(c) to answer any questions.
(4) The power conferred by this section may be exercised only—
(a) in connection with OFCOM’s functions—
(i) under Part 1, so far as relating to electronic
communications, or
(ii) under this Chapter, and
(b) in such a way as is proporti onate to the use to which the
information is to be put in co nnection with those functions.
(5) The power conferred by this section is to be exercised by a demand,
contained in a notice served on the communications provider, that—
(a) describes the inform ation required to be published or provided,
and
(b) sets out OFCOM’s reasons for requiring it to be published or
provided.
(6) Before serving the notice on th e communications provider, OFCOM
must—
(a) serve a draft of the notice on the provider and inform the
provider of the period for making representations, and
(b) consider any representations ma de by the provider within that
period which—
(i) identify restrictions on th e disclosure or publication of
information that would or might prevent the providerfrom complying with the notice, or
(ii) otherwise relate to the pr acticability of complying with
it.
(7) The communications provider must publish or provide the information
required by the notice in such manner and form, in accordance withsuch other requirements, and within such reasonable period, as may be
specified by OFCOM.
(8) Where OFCOM publish anything provided to them pursuant to
subsection (1)(b) they must do so i n  s u c h  m a n n e r  a n d  f o r m  a s  t h e y
consider appropriate.
137B Section 137A: confidential matters
(1) In exercising functions under section 137A, OFCOM must have regard
to the need to exclude from publication,  so far as that is practicable, the
matters which are confidential in ac cordance with subsections (2) and
(3).
(2) A matter is confidential under this subsection if—
(a) it relates specifically to the affairs of a particular body, and
(b) publication of that matter would or might, in OFCOM’s
opinion, seriously and prejudicia lly affect the interests of that
body.
(3) A matter is confidential under this subsection if—Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous95
(a) it relates to the private affairs of an individual, and
(b) publication of that matter would or might, in OFCOM’s
opinion, seriously and prejudicia lly affect the interests of that
individual.”
(3) In section 138 (notification of contravention of information requirements)—
(a) in subsection (1), for “135 or 136” substitute “135, 136 or 137A”, and
(b) for subsection (2)(d) substitute—
“(d) specifies what the person must do in order to comply
with the requirement;”.
(4) In section 140 (suspending service pr ovision for information contraventions),
in subsections (1)(a) and (7), for “135 and 136, or either” substitute “135, 136 and
137A, or any”.
(5) In section 144 (offences in connec tion with information requirements)—
(a) in subsection (1), after “or 136” insert “, or who contravenes a
requirement imposed under section 137A,”,
(b) in subsection (2)(b), for “provide the required information” substitute
“comply with the requirement”,
(c) in subsection (3)—
(i) for “135 or 136” substitute “135, 136 or 137A”, and
(ii) after “provides” (in both pl aces) insert “or publishes”, and
(d) in subsection (5), for paragraph (b) substitute—
“(b) a confirmation decision has been given under section
139A in respect of that requirement and the period
allowed under that decision  has expired without the
requirement have been  complied with; and”.
(6) In section 145(1) (statement of policy on information gathering)—
(a) in paragraph (a), for “135 to 136” substitute “135, 136 and 137A”, and
(b) in paragraph (b), for “those sections” substitute “sections 135 and 136”.
(7) In section 393(6)(a) (gener al restrictions on disclosure of information), before
“or 390” insert “, 137A”.
Appeals
87 Appeals from decisions of OFCOM and others: standard of review
(1) The Communications Act 2003 is amended as follows.
(2) In section 193(2) (reference of price control matters to the CMA), for “is to be
performed” substitute “, having regard to the principles to be applied by the
Tribunal under section 194A(2 ), is to be performed”.
(3) In subsection (6) of that section omit “on the merits under section 195”.
(4) Before section 195 (decisions of the Tribunal) insert—
“194A Disposal of appeals under section 192 (other than against certain 
decisions of Secretary of State)
(1) This section applies to an appeal against a decision referred to in section
192(1)(a), (b), (c), (d)(iii) or (e).Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous96
(2) The Tribunal must decide the appeal, by reference to the grounds of
appeal set out in the notice of appe al, by applying th e same principles
as would be applied by a court on an application for judicial review.
(3) The Tribunal may—
(a) dismiss the appeal or quash the whole or part of the decision to
which it relates; and
(b) where it quashes the whole or part of that decision, remit the
matter back to the decision-maker  with a direction to reconsider
and make a new decision in accordance with the ruling of theTribunal.
(4) The decision-maker must comply with a direction under subsection
(3)(b).
(5) In its application to a decision of the Tribunal under this section,
paragraph 1(2)(b) of Schedule 4 to th e Enterprise Act 2002 (exclusion of
commercial information from documents recording Tribunaldecisions) is to have effect as if, for the reference to the undertaking towhich commercial information rela tes, there were substituted a
reference to any person to whom it relates.
(6) In this section “the decision-maker” means the person who made the
decision appealed against.”
(5) Section 195 (decisions of the Tribunal) is amended as follows.
(6) For subsection (1) substitute—
“(1) This section applies to an appeal against a decision referred to in section
192(1)(d)(i), (ii), (iia) or (iv).”
(7) Until section 20(2) of the Digital Economy Act 2010 comes into force, the
amendment made by subsection (6) has e ffect with the omissi on of “, (iia)”.
(8) In subsections (3) to (6), for “the deci sion-maker” in each place substitute “the
Secretary of State”.
(9) Omit subsection (9).
(10) For the title substitute “Disposal of appeals under section 192 against certain
decisions of Secretary of State”.
(11) In section 317 (exercise of Broadcasting Act powers for a competition purpose),
for subsection (7) substitute—
“(7) Sections 192(3) to (5), (7) and (8), 194A and 196 apply in the case of an
appeal under subsection (6) as they a pply in the case of an appeal under
section 192(2).”
(12) The amendments made by this sectio n do not apply in relation to appeals
against decisions made before this section comes into force.
Regulation and functions of BBC
88 Functions of OFCOM in  relation to the BBC
(1) The Communications Act is amended as follows. Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous97
(2) Section 198 (functions of OFCOM in rela tion to the BBC) is amended as follows.
(3) In subsection (1) for the word s after paragraph (b) substitute—
   “to regulate the BBC.”
(4) After subsection (2) insert—
“(2A) The BBC Charter and Agreement ma y in particular confer on OFCOM,
as a power they are to have by vi rtue of subsection (2)(a), power to
require any person to provide info rmation for the purposes of the
carrying out by OFCOM of their fu nction under subsection (1).”
(5) Omit subsection (9).(6) After section 198 insert—
“198ZA Penalties for failure to provide information
(1) This section applies if—
(a) under a power conferred by virtue of section 198(2A), OFCOM
require a person other than the BBC to provide information, and
(b) OFCOM determine that there are reasonable grounds to believe
the person has not provided the information.
(2) OFCOM may give the person a notice which sets out the determination
and specifies—
(a) what information the person must provide,
(b) the time within which th e person must provide it,
(c) a penalty that OFCOM may im pose if the person does not
provide it, and
(d) a period in which the pers on may make representations.
(3) OFCOM may impose a penalty on the person if they fail without
reasonable excuse to provide the information in accordance with the
notice.
(4) The penalty may include an amount for each day the person fails to
provide the information after the time required by the notice.
(5) The penalty in respect of any notice—
(a) must not be more than OFCOM determine to be proportionate,
(b) must not be more than the penalty specified in the notice, and
(c) must not be more than £250,000.
(6) OFCOM may withdraw a notice wi thout imposing a penalty, and that
does not affect the power to issue a further notice in relation to the sameinformation.
( 7 ) O F C O M  m u s t  p u b l i s h  a n d  k e e p  u p  t o  d a t e  a  s t a t e m e n t  o f  t h e i r
proposed approach to issuing notices and im posing and recovering
penalties under this sect ion (subject to the guid elines published under
section 392).”
(7) The following ceas e to have effect—
(a) in Part 3 of Schedule 1 to the House of Commons Disqualification Act
1975 (offices disqualifying for memb ership), the entry relating to a
chairman, vice-chairman or ordina ry member of the BBC Trust);Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous98
(b) section 90A of the Scotland Act 1998 (BBC Trust member for Scotland);
(c) section 16 of the Scotland Act 2012 (which inserts section 90A of the
1998 Act);
(d) in section 77(2)(d) of the Deregulati on Act 2015 (review of sanctions in
relation to TV licensing), “and be presented to the BBC Trust”.
89 TV licence fee concessions by reference to age
(1) The Communications Act 2003 is amended as follows.
(2) Section 365 (TV licence fe es) is amended as follows.
(3) After subsection (1) insert—
“(1A) Liability to pay a sum under regula tions under subsection (1) is subject
to any concession applying in accordance with a determination by theBBC under section 365A.”
(4) In subsection (4)(a) after “concession” in sert “provided for by the regulations”.
(5) In subsection (5) for “The reference to a concession in subsection (4)” substitute
“A reference in this section or section 365A to a concession”.
(6) After subsection (5) insert—
“(5A) Regulations under this section may not provide for a concession that
requires the person to whom the TV licence is issued, or another
person, to be of or above a specified age, unless—
(a) the age specified is below 65, and
(b) the requirement is not satisfied if the person concerned is 65 or
over at the end of the month in  which the licence is issued.
(5B) Subsection (5A) does not apply to—
(a) the concession provided for by  regulation 3(d) of and Schedule
4 to the Communications (Telev ision Licensing) Regulations
2004 (S.I. 2004/692) (accommoda tion for residential care), or
(b) a concession in subs tantially the same form.”
(7) After section 365 insert—
“365A TV licence fee concessions by reference to age
(1) For the purposes of section 36 5(1A) the BBC may determine that a
concession in specified terms is to apply.
(2) Any concession under this section must include a requ irement that the
person to whom the TV licence is issued, or another person, is of or
above a specified age, which must be 65 or higher, at or before the end
of the month in which the licence is issued.
(3) A determination under this section—
(a) may in particular provide for a concession to apply, subject to
subsection (2), in circumstances where a concession has ceasedto have effect by virtue of section 365(5A), but
(b) may not provide for a concession to apply in the same
circumstances as a concession within section 365(5B).Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous99
(4) A determination under this sect ion may include provision for the
means by which an entitlement to a concession must be established.
(5) A determination under this section—
(a) may make different provisio n for different cases (including
different provision in resp ect of different areas);
(b) may include transitional provision.
(6) A determination under this section—
(a) must be in writing;
(b) must be published in whatever way the BBC considers
appropriate.
(7) The BBC—
(a) may vary a determination by a further determination under this
section;
(b) may determine that a concession is to cease to apply (and
accordingly revoke a determin ation under this section).
(8) Before making, varying or revo king a determinat ion the BBC must
consult any persons it considers appropriate.”
Provision of children's programmes
90 Provision of children’s programmes
After section 289 of the Communications Act 2003 insert—
“Provision of children’s programmes
289A Provision of children’s programmes
(1) OFCOM may, if they think fit, publish criteria to be applied in
accordance with this section to the provision of childr en’s programmes.
(2) Where criteria are published by OFCOM, the regulatory regime for
every licensed public service cha nnel includes the conditions that
OFCOM consider appropriate for securing that the provision ofchildren’s programmes meets the criteria.
(3) Any condition imposed by virtue of this section—
(a) must relate only to the prov ision of children’s programmes on
the licensed public service channel concerned;
(b) must take into account OFCOM’s assessment of the provision of
children’s programmes on all related services.
(4) “Related services” in relation  to a Channel 3 service means—
(a) that service,
(b) all other Channel 3 services, and
(c) all services within subsection (6) that appear to OFCOM to have
a sufficient connection with any Channel 3 service.
(5) “Related services” in relation to  any other licensed public service
channel means—
(a) that channel, andDigital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous100
(b) all services within subsection (6) that appear to OFCOM to have
a sufficient connection with that channel.
(6) A service is within this subsection if—
(a) it is available for receptio n in the United Kingdom, and
(b) it is provided without any consideration being required for its
reception, disregarding any requirement to pay sums inaccordance with regulations under section 365.
(7) For the purposes of an assessment  under subsection (3)(b) no account
is to be taken of whether a progra mme is provided on a licensed public
service channel or on another service.
(8) Any condition imposed by virtue of  this section must be the same for
all regional Channel 3 services.
(9) Any criteria published under this section must be published by
OFCOM in a statement setting out th e criteria and how they propose to
apply them.
(10) OFCOM may from time to time review and revise or withdraw the
criteria by publishing a further statement.
(11) Where OFCOM revise or withdraw criteria, they must take any steps
they consider necessary in conseq uence in relation to conditions
imposed by virtue of this section.
(12) OFCOM must—
(a) carry out a public consultation for the purposes of any review
under subsection (10);
(b) where there are no published cr iteria for the ti me being, carry
out a public consultation before  publishing criteria under this
section.
(13) In this section “children’s pr ogramme” means a programme made—
(a) for a television programme service or for an on-demand
programme service, and
(b) for viewing primarily by pers ons under the age of sixteen.”
OFCOM powers relating to criminal content etc
91 Suspension of radio licences for inciting crime or disorder
(1) In Chapter 2 of Part 3 of the Broadcasting Act 1990 (sound broadcasting
services), for section 111B (power to  suspend licence to provide satellite
service) substitute—
“111B Suspension of licences for inciting crime or disorder
(1) OFCOM must serve a notice under subsection (2) on the holder of a
licence granted under this Chapte r if they are satisfied that—
(a) the licence holder has included  in the licensed service one or
more programmes containing material likely to encourage or
incite the commission of crim e or to lead to disorder,Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous101
(b) in doing so the licence holder has failed to comply with a
condition included in the licence  in compliance with section 263
of the Communications Act 2003, and
(c) the failure would justify th e revocation of the licence.
(2) A notice under this subsection must—
(a) state that OFCOM are satisfied as mentioned in subsection (1),
(b) specify the respects in which, in their opinion, the licence holder
has failed to comply with the condition mentioned there,
(c) state that OFCOM may revoke the licence after the end of the
period of 21 days beginning with  the day on which the notice is
served on the licence holder, and
(d) inform the licence holder of the right to make representations to
OFCOM in that period about the matters that appear toOFCOM to provide grounds for revoking the licence.
(3) The effect of a notice under subsec tion (2) is to suspend the licence from
the time when the notice is served on the licence holder until either—
(a) the revocation of the licence takes effect, or
(b) OFCOM decide not to revoke the licence.
(4) If, after considering any represen tations made to them by the licence
holder in the 21 day period mentio ned in subsection (2)(c), OFCOM are
satisfied that it is necessary in the public interest to revoke the licence,they must serve on the licence holder a notice revoking the licence.
(5) The revocation of a licence by a no tice under subsection (4) takes effect
from whatever time is specified in the notice.
(6) That time must not be earlier than  the end of the period of 28 days
beginning with the day on which the notice under subsection (4) is
served on the licence holder.
(7) Section 111 does not apply to the revocation of a licence under this
section.”
(2) In section 62(10) of the Broadcasting Act 1996 (application of sections 109 and
111 of the 1990 Act to digital sound programme services) for the words from“section 109” to “1990 Act” substitute “sections 109, 111 and 111B of the 1990Act (enforcement)”.
(3) In section 250(3) of the Communications Act 2003 (application of sections 109
to 111A of the 1990 Act to radio licensable content services) for “111A”substitute “111B”.
92 Digital additional services: seri ously harmful ex trinsic material
After section 24 of the Broadcasting Act 1996 (digital additional services)
insert—
“24A Duty to prevent access to se riously harmful extrinsic material
(1) In carrying out their functions, OF COM must do all that they consider
appropriate to prevent digital ad ditional services  from enabling
members of the public to access se riously harmful extrinsic material.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous102
(2) “Seriously harmful extrinsic material”, in relation to a digital additional
service, means material that—
(a) is not included in the service, and
(b) appears to OFCOM—
(i) to have the potential to cause serious harm, or
(ii) to be likely to encourage or incite the commission of
crime or lead to disorder.”
On-demand programme services
93 On-demand programme services: acce ssibility for people with disabilities
(1) The Communications Act 2003 is amended as follows.(2) After section 368BB insert—
“Accessibility
368BC Accessibility for pe ople with disabilities
(1) The Secretary of State may by regulations impose requirements on
providers of on-demand programm e services for the purpose of
ensuring that their services are acce ssible to people with disabilities
affecting their sight or hearing or both.
(2) The requirements that may be imposed include—
(a) requirements for programmes included in the services to be
accompanied by subtitling;
(b) requirements for such programmes to be accompanied by
audio-description for the blind;
(c) requirements for such programmes to be presented in, or
translated into, sign language.
(3) The steps set out in subsections (4) to (6) must be taken before
regulations are made under this section.
(4) The Secretary of State must ask the appropriate regulatory authority to
consult such persons as appear to th e authority likely to be affected by
regulations under this  section, including—
(a) providers of on-deman d programme services, and 
(b) representatives of people with  disabilities affecting their sight
or hearing or both.
(5) The appropriate regulatory authority must inform the Secretary of
State of—
(a) the outcome of th e consultation, and
(b) any other matters that they think should be taken into account
by the Secretary of State for th e purposes of the regulations.
(6) Where OFCOM are not the appropriate regulatory authority, the
Secretary of State must consult OFCOM.
(7) A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before andapproved by a resolution of each House of Parliament.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous103
368BD Enforcement of regul ations under section 368BC
(1) Where the appropriate regulatory authority determine that a provider
of an on-demand programme service is contravening or hascontravened regulations under section 368BC, they may do one or bothof the following—
(a) give the provider an enforc ement notification under this
section;
(b) impose a penalty on the provid er in accordance with section
368J.
(2) The appropriate regulatory authority must not make a determination
as mentioned in subsection (1) unle ss there are reasonable grounds for
believing that a contravention of th e regulations is occurring or has
occurred and they have allowed th e provider an o pportunity to make
representations about that apparent contravention.
(3) An enforcement notification under th is section is a notification which
specifies the determination made as  mentioned in subsection (1) and
imposes a requirement on the provider to take all such steps forcomplying with the regulations and for remedying the consequences of
the contravention of the regulations as may be specified in thenotification.
(4) An enforcement notification must—
(a) include reasons for the appropriate regulatory authority’s
decision to give the enfo rcement notification, and
(b) fix a reasonable period for taking the steps required by the
notification.
(5) It is the duty of a provider to whom an enforcement notification is
given to comply with it.
(6) That duty is enforceable in ci vil proceedings by the appropriate
regulatory authority—
(a) for an injunction,
(b) for specific performance of a statutory duty under section 45 of
the Court of Sessi on Act 1988, or
(c) for any other appropriate remedy or relief.
(7) If a provider to whom an enforcem ent notification has been given does
not comply with it within the period fixed by the appropriateregulatory authority in that enforc ement notification  the appropriate
regulatory authority may impose a fi nancial penalty on the provider in
accordance with section 368J.”
(3) In section 368C (duties of the appropriate regulatory authority), omit
subsection (2).
(4) After that section insert—
“368CA Code on a ccessibility for people with disabilities
(1) It is the duty of the appropriate regulatory authority to draw up, and
from time to time review and revi se, a code giving guidance as to—Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous104
(a) the steps to be taken by providers of on-demand programme
services so as to meet the re quirements of regulations under
section 368BC, and
(b) other steps to be taken by  providers who are subject to
requirements under the regulation s to ensure that their services
are made progressively more accessible to people withdisabilities affecting their sight or hearing or both.
(2) The appropriate regulatory authority must publish the code drawn up
under this section, and every revision of it, in such manner as, havingregard to the need to make the code or revision accessible to—
(a) persons who are deaf or hard of hearing,
(b) persons who are blind or  partially sighted, and
(c) persons with a dual sensory impairment,
they consider appropriate.”
(5) In section 368J(1) (financial penalties), after “368BB” insert “, 368BD”.
(6) In section 368K(1) (suspension or restriction of service for contraventions)—
(a) in paragraph (a), after “368D” insert “, or of regulations under section
368BC”,
(b) in paragraph (b)—
(i) after “368D” insert “or the regulations”, and
(ii) for “or 368I” substitute “, 368I or 368BC”.
(7) In section 368O(2)(a) (power  to demand information), after “368D” insert “, or
of regulations under section 368CA,”.
(8) In section 402(2)(a) (procedure for stat utory instruments) after “411” insert “or
regulations under section 368BC”.
94 On-demand programme services: specially restricted material
(1) Section 368E of the Co mmunications Act 2003 (restric tions on harmful material
contained in on-demand programme services) is amended as follows.
(2) In subsection (5), afte r paragraph (b) omit “or”.
(3) In that subsection, af ter paragraph (c) insert—
“(d) a video work— 
(i) in respect of which the video works authority has issued
an 18 certificate, and
(ii) whose nature is such that it  is reasonable to assume that
its principal purpose is to  cause sexual arousal, or
(e) material whose nature is su ch that it is reasonable—
(i) to assume that its principal purpose is to cause sexual
arousal, and
(ii) to expect that, if the material were contained in a video
work submitted to the video works authority for aclassification certificate,  the video works authority
would issue an 18 certificate.”
(4) In subsection (6), after “(5)(b)” insert “or (e)”.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous105
(5) In subsection (7), after the defi nition of “the 1984 Act”, insert—
““18 certificate” means a classification certificate which—
(a) contains, pursuant to section 7(2)(b) of the 1984 Act, a
statement that the video work  is suitable for viewing
only by persons who have atta ined the age of 18 and that
no video recording containing that work is to besupplied to any person who has not attained that age,and
(b) does not contain the statement mentioned in section
7(2)(c) of the 1984 Act that no video recordingcontaining the video work is to be supplied other than ina licensed sex shop;”.
Electronic Programme Guides
95 Electronic programme guides and public service channels
(1) After section 311 of the Communications Act 2003 insert—
“311A Report on electronic programme  guides and public service channels
(1) It is the duty of OFCOM from time to time to prepare and publish a
report dealing with—
(a) the provision by electronic programme guides of information
about programmes—
(i) included in public service channels, or
(ii) provided by means of on-demand programme services
by persons who also provid e public service channels,
and
(b) the facilities provided by such  guides for the selection of, and
access to, such programmes.
(2) When preparing the report OFCOM must consult such persons as
appear to them appropriate.
(3) In this section “electronic programme guide” and “public service
channel” have the same meanings as in section 310.”
(2) After publishing the first report un der section 311A of the Communications
Act 2003 OFCOM must review and revise  the code drawn up by them under
section 310 of that Act (code of prac tice for electronic programme guides).
(3) The revision of the code must be completed before 1 December 2020.(4) Subsections (2) and (3) do not affect  OFCOM’s duty under section 310 of that
Act to review and revise the code from time to time.
(5) In this section “OFCOM” means the Office of Communications.
Direct marketing code
96 Direct marketing code
(1) The Data Protection Act 1998 is amended as follows.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous106
(2) After section 52A insert—
“52AA Direct marketing code
(1) The Commissioner must prepare a code of practice which contains—
(a) practical guidance in relati on to the carrying out of direct
marketing in accordance with th e requirements of this Act and
the Privacy and Electronic Communications (EC Directive)Regulations 2003 (S.I. 2003/2426), and
(b) such other guidance as the Commissioner considers
appropriate to promote good pr actice in direct marketing.
(2) For this purpose “good practice ” means such practice in direct
marketing as appears to the Comm issioner to be desirable having
regard to the interests of data subj ects and others, and includes (but is
not limited to) compliance with  the requirements mentioned in
subsection (1)(a).
(3) Before a code is prepared under this section, the Commissioner must
consult such of the following as the Commissioner considersappropriate—
(a) trade associations (within the meaning of section 51);
(b) data subjects;
(c) persons who appear to the Commissioner to represent the
interests of data subjects.
(4) In this section “direct marketing”  has the meaning given by section
11(3).”
(3) In section 51(5A) (general duties of Commissioner) at the end insert “or section
52AA (direct marketing code)”.
(4) In the title of each of sections 52B to 52E for “data-sharing code” substitute
“data-sharing and dire ct marketing codes”.
(5) In section 52B (procedure for making code)—
(a) in subsection (1) after “52A” insert “or 52AA”;
(b) in subsection (6) omit “under section 52A”.
(6) In section 52C (alteration or replacement of code)—
(a) in subsection (1)(a) after “data-sharing code” insert “and the direct
marketing code”;
(b) in subsection (1)(b) for “may pr epare an alteration to that code”
substitute “in either case, may pr epare an alteration to the code”;
(c) in subsection (4) after “52A” insert “or 52AA”;
(d) in subsection (5) for “means the code” substitute “and “the direct
marketing code” mean the codes resp ectively prepared under sections
52A and 52AA and”.
(7) In section 52D (publication of code) in subsection (1) for “the code” substitute
“any code”.
(8) In section 52E (effect of code)—
(a) in subsection (1) after “data-sh aring code” insert “or the direct
marketing code”;
(b) in subsection (2) for “T he data-sharing code is” substitute “Those codes
are”;Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous107
(c) in subsection (3) for “the data-shar ing code” substitute “those codes”;
(d) in subsection (3)(a) after “Act” in sert “or the Privacy and Electronic
Communications (EC Directive) Re gulations 2003 (S.I. 2003/2426)”;
(e) in subsection (3)(c) after “Act ” insert “or those Regulations”;
(f) in subsection (4) for “means the code” substitute “and “the direct
marketing code” mean the codes resp ectively prepared under sections
52A and 52AA and”.
Televising events of national interest
97 Televising events of national interest: power to amend qualifying conditions
In section 98 of the Broadcasting Ac t 1996 (categories of service), after
subsection (5) insert—
“(5A) The Secretary of State may, by regulations made by statutory
instrument, amend the percentage figu re specified for the time being in
subsection (2)(b).
(5B) An amendment made by regulati ons under this section does not
affect—
(a) the validity of any contract en tered into before the regulations
came into force, or
(b) the exercise of any rights acquired under such a contract.
(5C) Regulations under subsection (5A)  may make transiti onal, transitory or
saving provision.
(5D) A statutory instrument containing  regulations unde r subsection (5A)
may not be made unless a draft of the instrument has been laid beforeand approved by a resolution of each House of Parliament.”
Other provisions relating to OFCOM
98 Strategic priorities and provision of information
(1) After section 2 of the Communications Act 2003 insert—
“Strategic priorities
2A Statement of strategic priorities
(1) The Secretary of State may designate a statement for the purposes of
this section if the requirements set out in section 2C (consultation and
parliamentary procedure) are satisfied.
(2) The statement is a statement prepared by the Secretary of State that sets
out strategic priorities of Her Ma jesty’s Government in the United
Kingdom relating to—
(a) telecommunications,
(b) the management of the radio spectrum, and
(c) postal services.
(3) The statement may, among other things, set out particular outcomes
identified with a view to achi eving the strategic priorities.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous108
(4) This section does not restrict the Secretary of State’s powers under any
other provision of this Ac t or any other enactment.
(5) A statement designated under subsection (1) must be published in such
manner as the Secretary of State considers appropriate.
(6) A statement designated under subsection (1) may be amended
(including by replacing the whole or  a part of the statement with new
content) by a subsequent statement designated under that subsection,and this section and sections 2B and 2C apply in relation to any suchsubsequent statement as in rela tion to the orig inal statement.
(7) Except as provided by subsecti on (8), no amendment may be made
under subsection (6) within the peri od of 5 years beginning with the
day on which a statement was mo st recently designated under
subsection (1).
(8) An earlier amendment may be made under subs ection (6) if—
(a) since that day—
(i) a Parliamentary general election has taken place, or
(ii) there has been a significant change in the policy of Her
Majesty’s government affecting any matter mentionedin subsection (2)(a ), (b) or (c), or
(b) the Secretary of State consider s that the statement, or any part
of it, conflicts with any of OFCOM’s general duties (within themeaning of section 3).
2B Duties of OFCOM in relatio n to strategic priorities
(1) This section applies where a statement has been designated under
section 2A(1).
(2) OFCOM must have regard to the statement when carrying out—
(a) their functions relating  to telecommunications,
(b) their functions under the enactments relating to the
management of the radio spectrum, and
(c) their functions relating to postal services.
(3) OFCOM must within the period of  40 days beginning with the day on
which the statement is designated, or such longer period as the
Secretary of State may allow—
(a) explain in writing what they propose to do in consequence of
the statement, and
(b) publish a copy of that explanation in such manner as OFCOM
consider appropriate.
(4) OFCOM must, as soon as practicable after the end of—
(a) the period of 12 months begi nning with the day on which the
first statement is designated  under section 2A(1), and
(b) every subsequent period of 12 months,
publish a review of what they have done during the period in question
in consequence of the statement.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous109
2C Consultation and par liamentary procedure
(1) This section sets out the requirements that must be satisfied in relation
to a statement before the Secretar y of State may designate it under
section 2A.
(2) The Secretary of State must cons ult the following on a draft of the
statement—
(a) OFCOM, and
(b) such other persons as the Secretary of State considers
appropriate.
(3) The Secretary of State must allow OFCOM a period of at least 40 days
to respond to any consultati on under subsection (2)(a).
(4) After that period has ended the Secretary of State—
(a) must make any changes to the dr aft that appear to the Secretary
of State to be necessary in view of responses to the consultation,and
(b) must then lay the draft before Parliament.
(5) The Secretary of State must then wa it until the end of the 40-day period
and may not designate the statemen t if, within that period, either
House of Parliament resolves not to approve it.
(6) “The 40-day period” is the period of  40 days beginning with the day on
which the draft is laid before Parliament  (or, if it is not laid before each
House on the same day, the later of  the days on which it is laid).
(7) When calculating the 40-day period, ignore any period during which
Parliament is dissolved or prorogue d or during which both Houses are
adjourned for more than 4 days.”
(2) After section 24 of that Act insert—
“24A Provision of information before publication
(1) OFCOM must provide the Secretary of State, at least 24 hours before
publication, with any information that they propose to publish.
(2) If exceptional circumstances make  it impracticable to provide the
information to the Secretary of State 24 hours before publication it mustinstead be provided to the Secretary of State as long before publication
as is practicable.
(3) Subsections (1) and (2) have effect in  any particular case subject to any
agreement made between the Secretary of State and OFCOM in thatcase.
(4) The Secretary of State may by regulations specify descriptions of
information in relation to which the duty under subsection (1) does not
apply.
(5) Before making regulations under subsection (4), the Secretary of State
must consult OFCOM.
(6) Information provided to the Secret ary of State under this section may
not be disclosed by the Secretary of State during the protected period,except to another Mi nister of the Crown.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous110
(7) A Minister of the Crown to whom  the information is disclosed under
subsection (6) may not disclose th e information during the protected
period to any other person.
(8) A Minister of the Crown may not make any representations to OFCOM
during the protected period that sp ecify or describe changes that the
Minister considers should be made to information that has beenprovided under this sectio n when it is published.
(9) In this section—
“the protected period”, in relation  to information provided to the
Secretary of State under this section, means the periodbeginning with the provision of the information and ending
when either of th e following occurs—
(a) OFCOM publish the information;
(b) OFCOM inform the Secretary of State that they consent
to the disclosure of the information;
“Minister of the Crown” has the same meaning as in the Ministers
of the Crown Act 1975.
24B Provision of information to assist in formulation of policy
(1) OFCOM may provide the Secretary of State with any information that
they consider may assist the Secret ary of State in the formulation of
policy.
(2) Information with respect to a partic ular business that has been obtained
in the exercise of a power conferred by—
(a) this Act,
(b) the 1990 Act,
(c) the 1996 Act,
(d) the Wireless Telegraphy Act 2006, or
(e) Part 3 of the Postal Services Act 2011,
is not, so long as the business contin ues to be carried on, to be provided
to the Secretary of State under this  section without the consent of the
person for the time being ca rrying on that business.”
(3) The duty under subsection (1) of sect ion 24A of that Act does not have effect
until the day on which regulations made under subsection (4 ) of that section
first come into force.
(4) In section 393(6) of that Act (general re strictions on disclosure of information),
after paragraph (a) insert—
“(aza) prevents the disclosure of  information under section 24A or
24B;”.
(5) In section 111(7) of the Wireless Telegraphy Act 2006 (general restrictions on
disclosure of information), after paragraph (a) insert—
“(aa) prevents the disclosure of information under section 24A or 24B
of that Act;”.
(6) In section 56 of the Postal Services Act 2011 (general restrictions on disclosure
of information), after subsection (6) insert—
“(6A) Nothing in this section prevents  the disclosure of information under
section 24A or 24B of the Communications Act 2003.”Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous111
99 OFCOM and Northern Ireland
(1) Section 1 of the Office of Communications Act 2002 (the Office of
Communications) is amended as follows.
(2) In subsection (3), befo re paragraph (b) insert—
“(ac) a member appointed by the Minister for the Economy in
Northern Ireland;”.
(3) Before subsection (4) insert—
“(3C) Before appointing a member under subsection (3)(ac) the Minister for
the Economy must consult the Secretary of State.”
(4) In subsection (5) in the words before paragraph (a), before “and (b),” insert
“, (ac)”.
(5) At the end insert—
“(13) Paragraphs 1 and 2 of the Schedule apply in relation to the appointment
made under subsection (3)(ac) as if—
(a) any reference to the Secretary of State were to the Minister for
the Economy, and
(b) at the end of paragraph 2 there were inserted—
“(9) Before the Minister for th e Economy remove s a person from
office the Minister must cons ult the Secretary of State.””
(6) The Schedule to the Office of Communications Act 2002 is amended as follows.
(7) In paragraph 11 (accounts and audit)—
(a) in sub-paragraph (3)(c) at the end insert “and the Minister for the
Economy in Northern Ireland”;
(b) at the end insert—
“(6) The Minister for the Economy in Northern Ireland shall lay a
copy of the statement and report sent to the Minister undersub-paragraph (3) before the Northern Ireland Assembly.”
(8) In paragraph 12 (annual report)—
(a) in sub-paragraph (1) before “a repo rt” insert “and the Minister for the
Economy in Northern Ireland”;
(b) at the end insert—
“(6) The Minister for the Economy in Northern Ireland shall lay a
copy of every report sent to the Minister under thisparagraph before the Northern Ireland Assembly.”
(9) The following provisions of section 44 of the Northern Ireland Act 1998 (power
of Assembly to call for witnesses and documents: limitation by reference totransferred matters etc) do not apply in  relation to requ irements imposed in
connection with the discha rge of the functions of the Office of Communications
in relation to Northern Ireland—
(a) the words after paragraph (b) in subsection (1);
(b) subsections (2), (3) and (5)(b).Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous112
100 Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006
(1) The Communications Act 2003 is amended as follows.
(2) In section 400(4)(c) (destination of fe es and penalties: account for financial
year), for the words from “of principles ” to “subsection (4)”  substitute “under
section 401 for meeting the costs set ou t in the statement in accordance with
subsection (1)(b)”.
(3) In section 401 (retention of amou nts by OFCOM), for subsection (1)
substitute—
“(1) OFCOM have power to make a statement setting out—
(a) the principles unde r which they may retain  any or all of the
amounts paid to them—
(i) in pursuance of obligations imposed by or under
Chapter 1 or 2 of Part 2 of the Wireless Telegraphy Act2006;
(ii) in respect of fees charged under section 53D of that Act,
and
(b) the costs in respect of which the amounts may be retained
(which may include costs other than those incurred in theexercise of their function s under those provisions).”
(4) In subsection (2) of that section, omit “of principles”.
(5) For subsections (3) to (5) of that section substitute—
“(3) The provision contained in a statement made by OFCOM under this
section must be such as appears to them likely to secure, on the basis of
such estimates of the likely costs as it is practicable to make, that the
amounts retained by OFCOM ar e objectively justifiable and
proportionate to the costs in respect of which they are retained.”
(6) In subsection (6) of that section,  omit “the principles contained in”.
(7) In subsection (7) of that  section, for “of carrying out the functions mentioned in
subsection (4) of this section” substitute “set out in the statement in accordancewith subsection (1)(b)”.
(8) In subsection (8) of that section, omit “of principles”.
(9) In subsection (10) of that section, after “Treasury” insert “and the Secretary of
State”.
(10) For the heading to that section substitute “Retention by OFCOM of amounts
paid under Wireless Telegraphy Act 2006”.
101 International recognition of satellite  frequency assignments: power of 
OFCOM to charge fees
(1) The Communications Act 2003 is amended as follows.(2) After section 28 (general  power of OFCOM to charge for services), and beforeDigital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous113
the italic heading following that section, insert—
“28A International recognition of satellite  frequency assignments: power to 
charge fees
(1) This section applies where functions conferred on OFCOM under
section 22 include functions of the administration of the UnitedKingdom under the IT U Radio Regulations.
(2) OFCOM may require any person to  pay them a fee for doing satellite
filing work at the request of that person.
(3) In this section “satellite filing work” means anything connected with
obtaining or maintaining internat ional recognition under the ITU
Radio Regulations of assignments (or changes in assignments) of radiofrequencies to stations in satel lite systems or satellite networks.
(4) OFCOM may vary from time to time the amount of any fee set by them
under this section.
(5) OFCOM may not require a person to  pay a fee under this section unless
they have taken such steps as they consider appropriate to bring thefact that they charge the fee, and the amount of the fee, to the attentionof those persons who, in their opinion, are likely to  be required to pay it.
(6) As soon as reasonably practicable after the end of each reporting year,
OFCOM must publish a statement setting out—
(a) the aggregate amount of the fees charged under this section that
have been received by OFCOM during that year;
(b) the aggregate amount of the fees charged under this section
during that year which remain outstanding and are likely to bepaid or recovered; and
(c) the total cost to OFCOM of doing the requested satellite filing
work they have done during that year.
(7) If the total of the amounts set out in a statement under subsection (6)(a)
and (b) exceeds the total cost set out under subsection (6)(c), OFCOM
must take this into account with a view to securing that the aggregate
amount of fees charged under this section in the following reportingyear does not exceed the likely tota l cost to them of doing requested
satellite filing work during that year.
(8) In this section—
“administration”, “assignment” (of a radio frequency), “station”,
“satellite system” and “sate llite network” have the same
meanings as in the ITU Radio Regulations;
“reporting year” means—
(a) the period beginning with the coming into force of this
section and ending with the next 31st March, or
( b ) a n y  s u b s e q u e n t  p e r i o d  o f  t w e l v e  m o n t h s  b e g i n n i n g
with 1st April;
“the ITU Radio Regulations” mean s the radio regulations of the
International Telecommunication Union.”Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous114
(3) In section 38 (annual administrative charge), after subsection (11) insert—
“(11A) For the purposes of this section, the cost to OFCOM of carrying out the
functions mentioned in subsection (5) does not include the cost to
OFCOM of doing anything for which they charge a fee under section
28A.”
(4) Section 28A(2) and (6)(c) of the Communications Act 2003, inserted by
subsection (2), does not apply to any satellite filing work if OFCOM received
the request to do that work before th e coming into force of that section.
Billing limits for mobile phones
102 Billing limits for mobile phones
In Chapter 1 of Part 2 of the Communications Act 2003 (electronic
communications networks and services) after section 124R insert—
“Billing limits for mobile phones
124S Mobile phone providers’ duty to enable billing limits to be applied
(1) The provider of a mobile phone se rvice must not enter into a contract
to provide the service unless the customer has been given an
opportunity to specify a billing limit in the contract.
(2) In relation to a contract to  provide a mobile phone service—
(a) a billing limit is a limit on  the amount the customer may be
charged for provision of the service in respect of each billingperiod, and
(b) a billing period is one of successive periods specified in the
contract and together making up the period for which the
contract remains in force.
(3) A contract to provide a mobile phone service must provide for the
customer on reasonable notice at any time—
(a) to specify a billing limit if none  is specified for the time being,
(b) to amend or remove a limit in respect of all billing periods or a
specified billing period.
(4) In any billing period  the provider must—
(a) so far as practicable, notify the customer in reasonable time if a
limit is likely to be reached be fore the end of the period, and
(b) notify the customer as soon as practicable if a limit is reached
before the end of the period.
(5) A limit may be exceeded in relati on to a billing period only if the
customer agrees after a notificati on under subsection (4)(a) or (b).
(6) If the provider continues to provide the service after a limit is reached,
the customer’s use of the service do es not constitute agreement to the
limit being exceeded.
(7) The provider must give the cust omer confirmation in writing of—
(a) the decision made by the customer in accordance with
subsection (1),Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous115
(b) any decision of the cust omer under provision made in
accordance with subsection (3), and
(c) any agreement by the customer  in accordance with subsection
(5).
(8) This section applies to agreeing to extend a contract as it applies to
entering into a contract, and in that case the reference in subsection(2)(b) to the period for wh ich the contract remains in force is a reference
to the period of the extension.
(9) Nothing in this section affects a provider’s duty to comply with
requirements to enable ca lls to emergency services.
(10) In this section—
“customer” does not include a pe rson who is a customer as a
communications provider;
“mobile phone service” means an electronic communications
service which is provided in the course of a busi ness wholly or
mainly so as to be available to  members of the public for the
purpose of communicat ing with others, or accessing data, by
mobile phone.
124T Enforcement of duty to enab le billing limits to be applied
(1) Sections 96A to 96C apply in relation to a contravention of a
requirement under section 124S as they apply in relation to a
contravention of a condition set under section 45, with the followingmodifications.
(2) Section 96A(2)(f) and (g) (OFCOM directions) do not apply.
(3) Section 96A(5) to (7) (action un der the Competition Act 1998) do not
apply.
(4) The amount of a penalty imposed under sections 96A to 96C, as applied
by this section, other than a penalt y falling within section 96B(4), is to
be such amount not exceeding £2 million as OFCOM determine to be—
(a) appropriate; and
(b) proportionate to the contrave ntion in respect of which it is
imposed.”
Online social media platforms
103 Code of practice for providers of online social media platforms
(1) The Secretary of State must issue a code  of practice giving guidance to persons
who provide online social  media platforms for use by persons in the United
Kingdom (“social media providers”).
(2) The guidance to be given is guidance about action it may be appropriate for
providers to take against the use of th e platforms they provide for conduct to
which subsection (3) applies.
(3) This subsection appl ies to conduct which—
(a) is engaged in by a person online,
(b) is directed at an individual, andDigital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous116
(c) involves bullying or insulting the individual, or othe r behaviour likely
to intimidate or humiliate the individual.
(4) But guidance under this section is not to affect how unlawful conduct is dealt
with.
(5) A code of practice under this section must (subject to su bsection (4)) include
guidance to social media provid ers about the following action—
(a) maintaining arrangements to enable  individuals to notify providers of
the use of their platforms for conduc t to which subsection (3) applies;
(b) maintaining processes for dealing with notifications;
(c) including provision on matters with in paragraphs (a) and (b) in terms
and conditions for using platforms;
(d) giving information to the public ab out action provider s take against the
use of their platforms for conduct to which subsection (3) applies.
(6) Before issuing a code of practice under this section, the Se cretary of State must
consult—
(a) those social media providers to whom the code is intended to give
guidance, and
(b) such other persons as the Secretary of State considers it appropriate to
consult.
(7) The Secretary of State must publish any code of practice issued under this
section.
(8) A code of practice issued under this section may be revised from time to time
by the Secretary of State, and references in this section to a code of practiceinclude such a revised code.
Internet filters
104 Internet filters
(1) A provider of an internet access serv ice to an end-user may prevent or restrict
access on the service to in formation, content, applicat ions or services, for child
protection or other purposes, if the acti on is in accordance with the terms on
which the end-user uses the service.
(2) This section does not affect whether a provider of an internet access service
may prevent or restrict access to anything on the service in other
circumstances.
(3) In this section—
“end-user” means an end-user of a public electronic communications
service, within the meaning given by section 151(1) of theCommunications Act 2003;
“internet access service” has the meaning given by Article 2(2) of
Regulation (EU) 2015/2120 of the European Parliament and of theCouncil of 25th November 2015 laying down measures concerningopen internet access and amending Directive 2002/22/EC on universal
service and users’ rights relating to electronic communicationsnetworks and services and Regulation (EU) No 531/2012 on roamingon public mobile communicatio ns networks within the Union.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous117
Ticket sales
105 Secondary ticketing: duty to provide information about tickets
In section 90 of the Consumer Rights Act 2015 (duty to provide information
about tickets), in subsection (4) omit “a nd” at the end of paragraph (c), and at
the end of paragraph (d) insert “, and
(e) any unique ticket number that  may help the buyer to identify
the seat or standing area or its location.”
106 Power to create offence of breaching  limits on internet and other ticket sales
(1) The Secretary of State may make regulations providing that it is an offence for
a person in circumstances within subsec tion (2) to do an act within subsection
(3).
(2) Circumstances are within this subsec tion if each of the following applies—
(a) tickets for a recreational, sporti ng or cultural event in the United
Kingdom are offered for sale,
(b) a purchase may be made wholly or partly by a process that the
purchaser completes using an elec tronic communications network or
an electronic communications service, and
(c) the offer is subject to conditions  that limit the number of tickets a
purchaser may buy.
(3) An act is within this subsection if it consists in using anything that enables or
facilitates completion of any part of a process within su bsection (2)(b) with
intent to obtain tickets in excess of  a limit imposed by conditions within
subsection (2)(c).
(4) The regulations may appl y whether the offer is made , or anything is done to
obtain tickets, in or ou tside the United Kingdom.
(5) The regulations—
(a) may be limited to particular circu mstances within subsection (2), and to
particular acts with in subsection (3);
(b) may provide for an offence to be  subject to an exception or defence;
(c) may make different prov ision for different areas.
(6) The regulations must provide in England and Wales and Scotland for an
offence to be triable only summarily.
(7) The regulations may not provide for an offence to be punishable—
(a) with imprisonment,
(b) in Scotland, with a fine exceeding £50,000, or
(c) in Northern Ireland, if tried su mmarily, with a fine exceeding the
statutory maximum.
(8) The power to make regulations under th is section is exercisable by statutory
instrument.
(9) A statutory instrument containing re gulations under this section may not be
made unless a draft of the instrument ha s been laid before and approved by a
resolution of each House of Parliament.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous118
(10) In this section “electronic comm unications network” and “electronic
communications service” have the meaning given by section 32 of theCommunications Act 2003.
Communication devices used for drug dealing
107 Prevention or restriction of use of  communication devices for drug dealing
After section 80 of the Serious Crime Act 2015 insert—
“80A Prevention or restriction of use of communication devices for drug 
dealing
(1) Regulations may make provision conferring power on a court to make
a drug dealing telecommunic ations restriction order.
(2) “Drug dealing telecommunications restriction order” means an order
requiring a communications provider to  take whatever action the order
specifies for the purpose of prev enting or restricting the use of
communication devices in connecti on with drug dealing offences.
(3) Without limiting the action that  may be specified, it includes—
(a) action that relates to a specified device;
(b) action that relates to a specified phone number or something
else that may be used with a device.
(4) In this section “drug dealing offe nce” means an offence under section
4(3) of the Misuse of Drugs Act 1971 or section 5 of the PsychoactiveSubstances Act 2016; and a communication device is used in connectionwith a drug dealing offence if it is used by a person (“the user”) in thecourse of—
(a) the user committing a drug dealing offence,
(b) the user facilitating the co mmission by the user or another
person of a drug dealing offence, or
(c) conduct of the user that is lik ely to facilitate the commission by
the user or another person of a drug dealing offence (whether or
not an offence is committed).
(5) Regulations under this section must provide for drug dealing
telecommunications restriction orders to be made only on theapplication of—
(a) the Director General or Deputy  Director Genera l of the National
Crime Agency, or
(b) a police officer of the rank of superintendent or above.
(6) Regulations under this section must—
(a) specify the matters about which the court must be satisfied if it
is to make an order;
(b) make provision about the dura tion of orders (which may
include provision for orders  of indefinite duration);
(c) make provision about the giving (by a communications
provider or any other person) of  n o t i c e  o f  t h e  m a k i n g  o f  a n
order;
(d) make provision about variatio n (including extension) and
discharge of orders;Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous119
(e) make provision about appeals.
(7) Regulations under this  section must provide—
(a) for applications for drug  dealing telecommunications
restriction orders to be made and heard without notice of the
application or hearing having been given to persons affected (ortheir legal representatives), subject to subs ection (9)(a);
(b) for applications to be heard and determined in the absence of
persons affected (and their le gal representatives), subject to
subsection (9)(b);
(c) for applications to be he ard and determined in private.
(8) Regulations under this section must provide for a court hearing an
application or an appeal to have power to restrict disclosure ofinformation submitted in connection with the application or appeal if
satisfied that it is necessary to  do so in the public interest.
(9) Regulations under this section may—
(a) make provision for a communications provider affected by an
application to be given notice of the application or hearing;
(b) make provision for a communications provider affected by an
application to be present or represented at the hearing anddetermination of the application;
(c) in connection with any provision under paragraph (b), make
provision for a communications provider to have a right to
make representations;
(d) make provision for a drug  dealing telecommunications
restriction order to specify that a requirement of the order is notto apply in particular circumstances;
(e) make provision authorising a co urt to include in an order a
requirement for the person applyi ng for the order to pay any or
all of the costs of complying with it;
(f) make provision about time limits for complying with orders;
(g) make provision about enforc e m e n t  o f  o r d e r s  ( w h i c h  m a y
include provision creating offences);
(h) make provision about costs (or, in Scotland, expenses) in respect
of legal proceedings;
(i) make provision about compensation;
(j) make different provision for different purposes or areas;
(k) make incidental, consequential, supplementary or transitional
provision, including provision applying any enactment (with or
without modifications).
(10) The power to make regulations un der this section is exercisable by
statutory instrument made by the Secretary of State.
(11) A statutory instrument containing regulations under this section is not
to be made unless a draft of the instrument has been laid before, andapproved by a resolution of , each House of Parliament.
(12) In this section—
“communication device” means an it em specified in section 1(3) of
the Prisons (Interference with Wireless Telegraphy) Act 2012
(mobile telephones etc);Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous120
“communications provider” means a person providing a
telecommunications service;
“court” means—
(a) in relation to England and Wales, the county court;
(b) in relation to Sc otland, the sheriff;
(c) in relation to Northern Ireland, a county court;
“enactment” includes—
(a) an enactment contained in subordinate legislation
within the meaning of the Interpretation Act 1978;
(b) an enactment contained in, or in an instrument made
under, an Act of the Scottish Parliament;
(c) Northern Ireland legislation;
“telecommunications service” has the meaning given by section
261 of the Investigatory Powers Act 2016.”
Charges payable to the Information Commissioner
108 Regulations about charges payable to the Information Commissioner
(1) The Secretary of State may by regulations require data controllers to pay
charges of an amount specified in the regulations to the InformationCommissioner.
(2) Regulations under subsection (1) may require a data controller to pay a charge
regardless of whether the Informat ion Commissioner has provided, or
proposes to provide, a serv ice to the data controller.
(3) Regulations under subsection (1) may make provision about the time or times
at which, or period or periods with in which, a charge must be paid.
(4) Regulations under subsecti on (1) may make provision—
(a) for different charges to be  payable in different cases;
(b) for cases in which a discounted charge is payable;
(c) for cases in which no charge is payable;
(d) for cases in which a charge which has been paid is to be refunded.
(5) The Secretary of State may by regulations make provision—
(a) requiring a data controller to pr ovide information to the Information
Commissioner, or
(b) enabling the Commissioner to requ ire a data controller to provide
information to the Commissioner,
for either or both of the purpos es mentioned in subsection (6).
(6) Those purposes are—
(a) determining whether a charge is payable by the data controller under
regulations under subsection (1);
(b) determining the amount of a char ge payable by the data controller.
(7) The provision that may be made under subsection (5)(a) includes, in particular,
provision requiring a data controller to  notify the Information Commissioner
of a change in the data controller’s circ umstances of a kind specified in the
regulations.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous121
(8) In this section “data controller” means  a person who, alone or jointly with
others, determines the purp oses and means of the proc essing of personal data.
(9) In subsection (8) “personal data” means any information relating to an
identified or identifiable individual.
(10) For this purpose an in dividual is “identifiable”  if the individual can be
identified, directly or indirectly , in particular by reference to—
(a) an identifier such as a name, an id entification number, location data or
an online identifier, or
(b) one or more factors specific to the physical, physiological, genetic,
mental, economic, cultur al or social identity of the individual.
(11) Where the purposes and means of th e processing of personal data are
determined by or on behalf of the Hous e of Commons or House of Lords, other
than where they are determined by or on behalf of the Intelligence and SecurityCommittee of Parliament, the data contro ller in respect of those data for the
purposes of this section is the Corporate Officer of that House.
109 Functions relating to regulations under section 108
(1) Before making regulations under sectio n 108(1) or (5) the Secretary of State
must consult—
(a) the Information Commissioner,
(b) such representatives of persons likely  to be affected by the regulations
as the Secretary of State thinks appropriate, and
(c) such other persons as the Secretary of State thinks appropriate.
(2) In making regulations under section 108(1), the Secretary of State must have
regard to the desirability of securi ng that the charges payable to the
Information Commissioner under such regulations are sufficient to offset—
(a) expenses incurred by the Comm issioner in discharging the
Commissioner’s functions—
(i) under the Data Protection Act 1998,
(ii) under or by virtue of  the Privacy and Electronic
Communications (EC Directive)  Regulations 2003 (SI 2003/
2426),
(iii) under the General Data  Protection Regulation,
(iv) under regulations which implement the General Data
Protection Regulation or th e Criminal Data Directive,
(v) by virtue of section 108, and
(vi) under this section,
(b) any expenses of the Secretary of St ate in respect of the Commissioner so
far as attributable to those functions,
(c) to the extent that the Secretary of State considers appropriate, any
deficit previously incurred (whether before or after the passing of this
Act) in respect of the expenses mentioned in paragraph (a), and
(d) to the extent that the Secretary of State considers appropriate, expenses
incurred by the Secretary of State in respect of the inclusion of any
officers or staff of the Commissioner in any scheme under section 1 ofthe Superannuation Act 1972.
(3) In subsection (2)—Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous122
“the Criminal Data Directive” means Directive (EU) 2016/680 of the
European Parliament and of the Council of 27 April 2016 on theprotection of natural pe rsons with regard to th e processing of personal
data by competent authorities for the purposes of the prevention,
investigation, detection or prosecut ion of criminal offences or the
execution of criminal penalties, and on the free movement of such data,and repealing Council Framew ork Decision 2008/977/JHA;
“the General Data Protection Regula tion” means Regulation (EU) 2016/
679 of the European Parliament and of the Council of 27 April 2016 on
the protection of natu ral persons with regard to the processing of
personal data and on the free move ment of such data, and repealing
Directive 95/46/EC (General Data Protection Regulation).
(4) The Secretary of State may from ti me to time require the Information
Commissioner to provide information about the expenses referred to in
subsection (2)(a).
(5) The Information Commissioner must  keep under review the working of
regulations under section 108(1) or (5) and may from time to time submitproposals to the Secretary of State for amendments to be made to theregulations.
(6) The Secretary of State must review the working of regulations under section
108(1) or (5)—
(a) at the end of the period of five ye ars beginning with the making of the
first set of regulations under that section, and
(b) at the end of each subs equent five year period.
110 Supplementary provision relating to section 108
(1) Regulations under section 108(1) or (5) are to be made by statutory instrument.
(2) A statutory instrument containing regu lations under section 108(1) or (5) may
not be made unless a draft of the instrument has been laid before, andapproved by a resolution of , each House of Parliament. 
(3) Subsection (2) does not apply to a statutory instrument containing regulations
which—
(a) only make provision increasing a charge for which provision is made
by previous regulations under section 108(1), and
(b) do so to take account of an increase  in the retail prices index since the
previous regulations were made.
(4) Such a statutory instrument is subject to annulment in pursuance of a
resolution of either House of Parliament.
(5) In subsection (3) “the retail prices index” means—
(a) the general index of retail pric es (for all items) published by the
Statistics Board, or
(b) where that index is not published for a month, any substituted index or
figures published by the Board.
(6) Regulations under section 108(1) or (5)—
(a) may make different provis ion for different purposes;
(b) may make transitional, tran sitory or saving provision;
(c) may make incidental, supplemental or consequential provision.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous123
(7) Regulations under section 108(1) or (5) may bind the Crown.
(8) But regulations under section 108(1) or (5) may not apply to—
(a) Her Majesty in He r private capacity,
(b) Her Majesty in right of the Duchy of Lancaster, or
(c) the Duke of Cornwall.
(9) For the purposes of section 108 each go vernment department is to be treated as
a person separate from any other government department.
(10) In subsection (9) “gover nment department” includes—
(a) any part of the Scottish Administration;
(b) a Northern Ireland department;
(c) the Welsh Government;
(d) any body or authority exercising statutory functions on behalf of the
Crown.
111 Amendments relating to section 108
(1) The Data Protection Act 1998 is amende d in accordance with subsections (2) to
(7).
(2) Omit Part 3 (notification by data controllers).
(3) In section 33A(1) (manual data held by  public authorities) omit paragraph (e)
(but not the “and” following that paragraph).
(4) In section 71 (index of defined expr essions) omit the entries relating to
“address”, “fees regulations”, “notificat ion requirements”, “prescribed” and
“registrable particulars”.
(5) In Part 2 of Schedule 1 (interpretatio n of the data protec tion principles) in
paragraph 5 omit paragraph (b) and the “or” preceding that paragraph.
(6) In Part 1 of Schedule 5 (the Information Commissioner) in paragraph 9(1)
(destination of fees etc) after “the Freedom of Information Act 2000” insert “andall charges received by the Commissio ner under regulations under section
108(1) of the Digital Economy Act 2017”.
(7) In Schedule 14 (trans itional provisions and sa vings) omit paragraph 2
(registration under Part 2 of the Data Protection Act 1984).
(8) In regulation 5(3)(b) of the High Co urt Enforcement Office rs Regulations 2004
(SI 2004/400) (application procedure) omit paragraph (iii).
(9) In consequence of the repeal in subs ection (2) the following are repealed or
revoked—
(a) section 71 of the Freedom of Information Act 2000;
(b) in paragraph 6 of Schedule 2 to the Transfer of Functions
(Miscellaneous) Order 2001 (SI 2001/3500)—
(i) in sub-paragraph (1), paragraphs (h) to (m), and
(ii) sub-paragraph (2);
(c) in paragraph 9(1)(a) of Schedule 2 to the Secretary of State for
Constitutional Affairs Order 2003 (S I 2003/1887), the words “16, 17, 22,
23, 25, 26,”;
(d) Part 1 of Schedule 20 to the Coroners and Justice Act 2009;Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous124
(e) paragraph 26 of Schedule 2 to the Transfer of Tribunal Functions Order
2010 (SI 2010/22).
Payment and securities settlement systems
112 Power to apply settlement fina lity regime to payment institutions
In Part 24 of the Financial Services and Markets Act 2000 (insolvency) after
section 379 insert—
“Settlement finality
“379A Power to apply settlement fina lity regime to payment institutions
(1) The Treasury may by regulations made by statutory instrument
provide for the application to payment institutions, as participants inpayment or securities settlement syst ems, of provision in subordinate
legislation—
(a) modifying the law of insolvency  or related law in relation to
such systems, or
(b) relating to the securing of rights and obligations.
(2) “Payment institution” means—
(a) an authorised payment institut ion or small payment institution
within the meaning of the Paym ent Services Regulations 2009
(S.I. 2009/209), or
(b) a person whose he ad office, registered office or place of
residence, as the case may be, is outside the United Kingdom
and whose functions correspond to those of an institution
within paragraph (a).
(3) “Payment or securities settlement system” means arrangements
between a number of participants for or in connection with the clearing
or execution of instructions by pa rticipants relating to any of the
following—
(a) the placing of money at the disposal of a recipient;
(b) the assumption or discha rge of a payment obligation;
(c) the transfer of the title to , or an interest in, securities.
(4) “Subordinate legislation” has the sa me meaning as in the Interpretation
Act 1978.
(5) Regulations under this section may—
(a) make consequential, supplemen tal or transitional provision;
(b) amend subordinate legislation.
(6) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of  a resolution of either House of
Parliament.”
113 Bank of England oversight of payment systems
Schedule 9 extends Part 5 of the Bankin g Act 2009 (Bank of  England oversight
of inter-bank payment systems) to other payment systems; and makesconsequential provision.Digital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous125
Qualifications in information technology
114 Qualifications in information technology: payment of tuition fees
(1) The Apprenticeships, Skills, Children and Learning Act 2009 is amended as
follows.
(2) In section 88(1) (qualifications for pers ons aged 19 or over : payment of tuition
fees), for “1(a) or (b)” subs titute “1(a), (b) or (ba)”.
(3) In paragraph 1 of Schedule 5 (qualifications for persons aged 19 or over), after
paragraph (b) insert—
“(ba) a specified qualification in making use of information
technology;”.
(4) After paragraph 5 of that Schedule insert—
“Power to specify qualificatio n in information technology
5A The level of attainment demonstrat ed by a specified qualification in
making use of information technology must be the level which, in the
opinion of the Secretary of State,  is the minimum required in that
r e s p e c t  b y  p e r s o n s  a g e d  1 9  o r  o v e r  i n  o r d e r  t o  b e  a b l e  t o  o p e r a t eeffectively in da y-to-day life.”
Guarantee of pension liabilities un der Telecommunications Act 1984
115 Guarantee of pension liabilities under Telecommunications Act 1984
(1) The Secretary of State may make regulations modifying or supplementing
section 68 of the Telecommunications Act 1984 (liability of Secretary of State inrespect of British Telecommunications pu blic limited company’s liabilities as
successor for payment of pensions) in accordance with subsection (4).
(2) Subsection (4) applies in relation  to relevant employees of British
Telecommunications public limited company (“BTplc”) becoming employeesof another company (a “transferee”) in connection with any part of theundertaking of BTplc being transferred or  outsourced (whether or not to the
transferee).
(3) Employees are relevant if the liabili ty of BTplc for the payment of pensions
which vested in it by virtue of sectio n 60 of the Telecommunications Act 1984
included, immediately before the employ ees ceased to be employees of BTplc,
liability for the payment of pensions to or in respect of those employees.
(4) The regulations may provide for the Se cretary of State (in addition to any
liability apart from the regu lations) to become liable—
(a) on the winding up of BTplc, to discharge any outstanding liability of
BTplc for the payment of pensions  t o  o r  i n  r e s p e c t  o f  r e l e v a n t
employees of the transferee or a successor;
(b) on the winding up of the transferee  or a successor, to discharge any
outstanding liability of the transfer ee or successor for the payment of
pensions to or in respec t of relevant employees.
(5) The regulations may provide for any liabili ty that the Secretary of State is liable
to discharge under the regula tions not to include liability arising by virtue of aDigital Economy Act 2017 (c. 30)
Part 6 — Miscellaneous126
person’s employment on or after a specif ied date, or by virtue of anything else
occurring on or after a specified date.
(6) The specified date must be not earlie r than the date on which the regulations
come into force.
(7) The power to make regulations under this section is exercisable so as to—
(a) make provision in relation to all cases or circumstances to which the
power extends or in relation to specified cases or circumstances;
(b) in particular, make provision in re lation to all employees to whom the
power extends or in relation to em ployees of a specified description;
(c) make different provision for different purposes.
(8) The regulations may—
(a) amend section 68 of the Telecommunications Act 1984;
(b) re-enact any provision of that section with or without modifications.
(9) In this section references to the wind ing up of a company are references to—
(a) the passing of a resolu tion, in accordance with the Insolvency Act 1986,
for the voluntary winding up of the company, or
(b) the making of an order for the winding up of the company by the court
under that Act.
(10) In this section—
“specified” means specified in regulations unde r this section;
“successor” means—
(a) where relevant employees of a transferee become employees of
another person, that person, and
(b) where relevant employees of a successor within paragraph (a)
or this paragraph become empl oyees of another person, that
person;
“undertaking” includes anything that may be the subject of a transfer or
service provision change, whether or not the Transfer of Undertakings(Protection of Employment) Regulations 2006 (S.I. 2006/246) apply.
116 Regulations under section 115
(1) The power to make regulations under section 115 is exercisable by statutory
instrument.
(2) That power is exercisable by the Secretar y of State only with the consent of the
Treasury.
(3) A statutory instrument containing regulations under that section may not be
made unless a draft of the instrument ha s been laid before and approved by a
resolution of each House of Parliament.
(4) Before making regulations under that  section the Secretary of State must
consult—
(a) the Pensions Regulator;
(b) BT plc;
(c) the trustees of the BT Pensions Scheme;
(d) any transferee or successor to which the regulations apply;
(e) any other persons the Secretary of State considers it appropriate to
consult.Digital Economy Act 2017 (c. 30)
Part 7 — General127
PART 7
GENERAL
117 Financial provisions
The following are to be paid out of money provided by Parliament—
(a) any expenditure incurred under or by virtue of this Act by a Minister
of the Crown, a person holding office under Her Majesty or agovernment department, and
(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.
118 Commencement
(1) The following come into  force on the day on wh ich this Act is passed—
(a) section 88;
(b) section 112;
(c) sections 115 and 116;
(d) sections 117, 119 and 120;
(e) this section.
(2) The following come into force at the end of the period of two months beginning
with the day on which this Act is passed—
(a) section 1;
(b) section 2;
(c) section 3;
(d) section 7;
(e) sections 9 to 13;
(f) sections 82 to 86;
(g) section 90;
(h) sections 91 and 96;
(i) section 97;
(j) section 103;
(k) section 107;
(l) section 113 and Schedule 9.
(3) Section 89 comes into force on 1 June 2020.(4) Part 5, except—
(a) Chapter 1, so far as that Chapter re lates to the disclosure of information
to or by a water or sewerage undertaker for an area which is wholly ormainly in Wales,
(b) Chapter 2, and 
(c) Chapters 5 and 6, so far as those Chapters relate to the disclosure of
information by the Welsh Revenue Authority, 
comes into force on whatever day the Secr etary of State or the Minister for the
Cabinet Office appoints by regulations made by statutory instrument.
(5) The provisions mentioned in subsec tion (4)(a) and (c) come into force on
whatever day the Welsh Ministers appoin t by regulations made by statutory
instrument.Digital Economy Act 2017 (c. 30)
Part 7 — General128
(6) The other provisions of this Act come into force on whatev er day the Secretary
of State appoints by regulations made by statutory instrument.
(7) Different days may be appointed for different purposes or different areas.
(8) The appropriate authority may by re gulations made by statutory instrument
make transitional, transitory or savi ng provision in connection with the
coming into force of any provision of this Act.
(9) Subsection (8) does not apply to section 4 or Schedule 1 (for which see section
5).
(10) The appropriate authority, subject to su bsection (11), is the Secretary of State.
(11) The appropriate authority in relation to Part 5 is—
(a) the Secretary of State, in relation to Chapter 2;
(b) the Welsh Ministers, in relation to—
(i) Chapter 1 so far as relating to the disclosure of information to or
by a water or sewerage undertak er for an area which is wholly
or mainly in Wales, and
(ii) Chapters 5 and 6 so far as relating to the disclosure of
information by the Welsh Revenue Authority;
(c) otherwise, the Secretary of State or  the Minister for the Cabinet Office.
119 Extent
(1) This Act extends to England and Wales, Scotland and Northern Ireland, subject
to the following provisions of this section.
(2) Sections 36 and 37 extend to En gland and Wales and Scotland only.
(3) Sections 38 and 39 extend  to England and Wales only.
(4) In section 46—
(a) subsections (4) and (5) (and, so far as it relates to them, subsection (2))
of the new section 19AB inserted in the Registration Service Act 1953extend to England and Wales, Scotland and Northern Ireland, but
(b) subject to that, the amendments an d repeals made to that Act extend to
England and Wales only.
(5) Section 114 extends to England and Wales only.(6) Section 47 of the Registered Design s Act 1949 (application to Isle of Man)
applies to section 33 as it applies to that Act.
(7) An amendment of the following enactmen ts made by this Act may be extended
to any of the Channel Islands or the Is le of Man under the relevant extending
power—
(a) Part 1 of the Copyright, Designs and Patents Act 1988;
(b) the Broadcasting Act 1990;
(c) the Broadcasting Act 1996;
(d) the Communications Act 2003;
(e) the Wireless Telegraphy Act 2006.
(8) “Relevant extending power” means—
(a) in relation to amendments of Pa rt 1 of the Copyright, Designs and
Patents Act 1988, section 157(2) of that Act;Digital Economy Act 2017 (c. 30)
Part 7 — General129
(b) in relation to amendments of the Broadcasting Act 1990, section 204(6)
of that Act;
(c) in relation to amendments of the Broadcasting Act 1996, section 150(4)
of that Act;
(d) in relation to amendments of the Communications Act 2003, section
411(6) of that Act;
(e) in relation to amendments of the Wireless Telegraphy Act 2006, section
118(3) of that Act.
(9) The power conferred by section 157(2)(c) of the Copyright, Designs and Patents
Act 1988 (power to extend to British overseas territories) is exercisable in
relation to any amendment made by this Act to Part 1 of that Act.
(10) Her Majesty may by Order in Council extend sections 14 to 30, with such
modifications as appear to Her Majesty in Council to be appropriate, to any ofthe Channel Islands or to the Isle of Man.
(11) The power to make an Order in Co uncil under subsection (10) includes
power—
(a) to make different provision for different cases (including different
provision in respect of different areas);
(b) to make provision subject to such  exemptions and exceptions as Her
Majesty in Council thinks fit; and
(c) to make such incidental, supplemen tal, consequential and transitional
provision as Her Majesty in Council thinks fit.
120 Short title
This Act may be cited as th e Digital Economy Act 2017.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code130
SCHEDULES
SCHEDULE 1 Section 4
THE ELECTRONIC  COMMUNICATIONS  CODE
This is the Schedule to be inserted before Schedule 4 to the Communications
Act 2003—
“SCHEDULE 3A Section 106
THE ELECTRONIC  COMMUNICATIONS  CODE
PART 1
KEY CONCEPTS
Introductory
1 (1) This Part defines some key concepts used in this code.
(2) For definitions of other te rms used in this code, see—
(a) paragraph 94 (meaning of “the court”).
(b) paragraph 105 (meaning of “occupier”),
(c) paragraph 108 (gen eral interpretation),
(d) section 32 (meaning of electronic communications
networks and services), and
(e) section 405 (gener al interpretation).
The operator
2 In this code “operator” means—
( a ) w h e r e  t h i s  c o d e  i s  a p p l i e d  i n  a n y  p e r s o n ’ s  c a s e  b y  a
direction under section 106, that person, and
(b) where this code applies by vi rtue of section 106(3)(b), the
Secretary of State or (as the case may be) the NorthernIreland department in question.
The code rights
3 For the purposes of this code a “code right”, in relation to an
operator and any land, is a right for the statutory purposes—
(a) to install electronic commun ications apparatus on, under
or over the land,
(b) to keep installed electron ic communications apparatus
which is on, under or over the land,Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code131
(c) to inspect, maintain, adju st, alter, repair, upgrade or
operate electronic communicat ions apparatus which is on,
under or over the land,
(d) to carry out any works on th e land for or in connection
with the installation of electronic communications
apparatus on, under or over  the land or elsewhere,
(e) to carry out any works on th e land for or in connection
with the maintenance, adju stment, alteration, repair,
upgrading or operation of electronic communications
apparatus which is on, under or over the land or
elsewhere,
(f) to enter the land to inspect, maintain, adjust, alter, repair,
upgrade or operate any el ectronic communications
apparatus which is on, under or over the land orelsewhere,
(g) to connect to a power supply,
(h) to interfere with or obstruct  a means of access to or from
the land (whether or not an y electronic communications
apparatus is on, under or over the land), or
(i) to lop or cut back, or requir e another person to lop or cut
back, any tree or other vegetati on that interferes or will or
may interfere with electronic  communications apparatus.
The statutory purposes
4 In this code “the statutory purpos es”, in relation to an operator,
means—
(a) the purposes of providin g the operator’s network, or
(b) the purposes of providing an infrastructure system.
Electronic communications apparatus, lines and structures
5 (1) In this code “electronic co mmunications apparatus” means—
(a) apparatus designed or adap ted for use in connection with
the provision of an electronic communications network,
(b) apparatus designed or adap ted for a use which consists of
or includes the sending or re ceiving of communications or
other signals that are transmitted by means of an electroniccommunications network,
(c) lines, and
(d) other structures or things designed or adapted for use in
connection with the prov ision of an electronic
communications network.
(2) References to the installation  of electronic communications
apparatus are to be construed accordingly.
(3) In this code—
“ l i n e ”  m e a n s  a n y  w i r e ,  c a b l e ,  t u b e ,  p i p e  o r  s i m i l a r  t h i n g
(including its casing or co ating) which is designed or
adapted for use in connection with the provision of anyelectronic communication s network or electronic
communications service;Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code132
“structure” includes a building on ly if the sole purpose of that
building is to enclose othe r electronic communications
apparatus.
The operator’s network
6 In this code “network” in relation to an operator means—
(a) if the operator falls within paragraph 2(a), so much of any
electronic communications network or infrastructure
system provided by the operator as is not excluded fromthe application of the code under section 106(5), and
(b) if the operator falls within  paragraph 2(b), the electronic
communications network which the Secretary of State or
the Northern Ireland department is providing orproposing to provide.
Infrastructure system
7 (1) In this code “infrastructure system” means a system of
infrastructure provided so as to be available for use by providers
of electronic communications netw orks for the purposes of the
provision by them of their networks.
(2) References in this code to pr ovision of an infrastructure system
include references to establishing  or maintaining such a system.
P
ART 2
CONFERRAL  OF CODE  RIGHTS  AND  THEIR  EXERCISE
Introductory
8 This Part of this code makes provision about—
(a) the conferral of code rights,
(b) the persons who are bo und by code rights, and
(c) the exercise of code rights.
Who may confer code rights?
9 A  c o d e  r i g h t  i n  r e s p e c t  o f  l a n d  m a y  o n l y  b e  c o n f e r r e d  o n  a n
operator by an agreement betwee n the occupier of the land and
the operator.
Who else is bound by code rights?
10 (1) This paragraph applies if, in acco rdance with this Part, a code right
is conferred on an operator in re spect of land by a person (“O”)
who is the occupier of the land when the code right is conferred.
(2) If O has an interest in the land  when the code right is conferred,
the code right also binds—
(a) the successors in title to that interest,
(b) a person with an interest in the land that is created after the
right is conferred and is derive d (directly or indirectly) out
of—Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code133
(i) O’s interest, or
(ii) the interest of a successor in title to O’s interest, and
(c) any other person at any ti me in occupation of the land
whose right to occupa tion was granted by—
(i) O, at a time when O was bound by the code right,
or
(ii) a person within paragraph (a) or (b).
(3) A successor in title who is bound by a code right by virtue of sub-
paragraph (2)(a) is to be treate d as a party to the agreement by
which O conferred the right.
(4) The code right also binds any other person with an interest in the
land who has agreed to be bound by it.
(5) If such a person (“P”) agrees to  be bound by the code right, the
code right also binds—
(a) the successors in title to P’s interest,
(b) a person with an interest in the land that is created after P
agrees to be bound and is de rived (directly or indirectly)
out of—
(i) P’s interest, or
(ii) the interest of a successor in title to P’s interest, and
(c) any other person at any ti me in occupation of the land
whose right to occupa tion was granted by—
(i) P, at a time when P was bound by the code right, or
(ii) a person within paragraph (a) or (b).
(6) A successor in title who is bound by a code right by virtue of sub-
paragraph (5)(a) is to be treate d as a party to the agreement by
which P agreed to be bound by the right.
Requirements for agreements
11 (1) An agreement under this Part—
(a) must be in writing,
(b) must be signed by or on behalf of the parties to it,
(c) must state for how long the co de right is exercisable, and
(d) must state the period of notice (if any) required to
terminate the agreement.
(2) Sub-paragraph (1)(a) and (b) also applies to the variation of an
agreement under this Part.
(3) The agreement as varied must still comply with sub-paragraph
(1)(c) and (d).
Exercise of code rights
1 2 ( 1 ) A  c o d e  r i g h t  i s  e x e r c i s a b l e  o n l y  i n  a c c o r d a n c e  w i t h  t h e  t e r m s
subject to which it is conferred.
(2) Anything done by an operator in the exercise of a code right
conferred under this Part  in relation to any land is to be treated as
done in the exercise of a statutory power.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code134
(3) Sub-paragraph (2) does no t apply against a person who—
(a) is the owner of the freehold es tate in the land or the lessee
of the land, and
(b) is not for the time being bound by the code right.
(4) Sub-paragraph (2) does not a pply against a person who has the
benefit of a covenant or agreemen t entered into as respects the
land, if—
(a) the covenant or agreement was entered into under a
enactment, and
(b) by virtue of the enactment, it binds or will bind persons
who derive title or otherwise claim—
(i) under the covenantor, or
(ii) under a party to the agreement.
(5) In the application of sub-paragraph (3) to Scotland the reference to
a person who is the owner of the freehold estate in the land is to beread as a reference to a person who is the owner of the land.
Access to land
13 (1) This paragraph applies to an operator by whom any of the
following rights is exercisa ble in relation to land—
(a) a code right within  paragraph (a) to (g) or (i) of paragraph
3;
(b) a right under Part 8 (street works rights);
(c) a right under Part 9 (tidal water rights);
(d) a right under paragraph 74 (power to fly lines).
(2) The operator may not exercise th e right so as to interfere with or
obstruct any means of access to or from any other land unless, in
accordance with this code, the occupier of the other land hasconferred or is otherwise bound by  a code right within paragraph
(h) of paragraph 3.
( 3 ) A  r e f e r e n c e  i n  t h i s  c o d e  t o  a  m e a n s  o f  a c c e s s  t o  o r  f r o m  l a n d
includes a means of access to or from land that is provided for usein emergencies.
(4) This paragraph does not require a person to whom sub-paragraph
(5) applies to agree to the exercise  of any code right on land other
than the land mentioned in that sub-paragraph.
(5) This sub-paragraph applies to a person who is the occupier of, or
owns an interest in, land which is—
(a) a street in England and Wales or Northern Ireland,
(b) a road in Scotland, or
(c) tidal water or lands within the meaning of Part 9 of this
code.
Code rights and land registration
14 Where an enactment requires interests, charges or other
obligations affecting land to be registered, the provisions of thisDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code135
code about who is bound by a code right have effect whether or
not that right is registered.
PART 3
ASSIGNMENT  OF CODE  RIGHTS , AND  UPGRADING  AND  SHARING  OF APPARATUS
Introductory
15 This Part of this co de makes provision for—
(a) operators to assign agreements under Part 2,
(b) operators to upgrade electronic communications
apparatus to which such an agreement relates, and
(c) operators to share the use of any such electronic
communications apparatus.
Assignment of code rights
16 (1) Any agreement under Part 2 of this code is void to the extent
that—
(a) it prevents or limits a ssignment of the agreement to
another operator, or
(b) it makes assignment of the agreement to another operator
subject to conditions (including a condition requiring thepayment of money).
(2) Sub-paragraph (1) does not appl y to a term that requires the
assignor to enter into a guaran tee agreement (see sub-paragraph
(7)).
(3) In this paragraph references to “the assignor” or “the assignee” are
to the operator by whom or to whom an agreement under Part 2of this code is assigned or  proposed to be assigned.
(4) From the time when the assignme nt of an agreement under Part 2
of this code takes effect, the assi gnee is bound by the terms of the
agreement.
(5) The assignor is not liable for any breach of a term of the agreement
that occurs after the assignment if (and only if), before the breachtook place, the assignor or the as signee gave a noti ce in writing to
the other party to the agreement which—
(a) identified the assignee, and
(b) provided an address for service (for the purposes of
paragraph 91(2)(a)) for the assignee.
(6) Sub-paragraph (5) is subject to the terms of any guarantee
agreement.
(7) A “guarantee agreement” is an ag reement, in conn ection with the
assignment of an agreement under Part 2 of this code, underwhich the assignor gu arantees to any exte nt the performance by
the assignee of the obligations that become binding on the
assignee under sub-paragraph (4) (the “relevant obligations”).Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code136
(8) An agreement is not a guarantee agreement to the extent that it
purports—
(a) to impose on the assignor a requirement to guarantee in
any way the performance of th e relevant obligations by a
person other than  the assignee, or
(b) to impose on the assignor an y liability, restriction or other
requirement of any kind in re lation to a time after the
relevant obligations cease to be binding on the assignee.
(9) Subject to sub-paragraph (8), a guarantee agreement may—
(a) impose on the assignor any li ability as sole or principal
debtor in respect of th e relevant obligations;
(b) impose on the assignor liabili ties as guarantor in respect of
the assignee’s performance of  the relevant obligations
which are no more onerous than those to which theassignor would be subject in  the event of the assignor
being liable as sole or principal debtor in respect of anyrelevant obligation;
(c) make provision incidental or supplementary to any
provision within paragraph (a) or (b).
(10) In the application of this paragraph to Scotland references to
assignment of an agreement are to be read as references toassignation of an agreement.
(11) Nothing in the Landlord and Tenant Amendment (Ireland) Act
1860 applies in relation to an agreement under Part 2 of this codeso as to—
(a) prevent or limit assignment of the agreement to another
operator, or
(b) relieve the assignor from lia bility for any breach of a term
of the agreement that occurs after the assignment.
Power for operator to upgrade or share apparatus
17 (1) An operator (“the main oper ator”) who has entered into an
agreement under Part 2 of this code  may, if the conditions in sub-
paragraphs (2) and (3) are met—
(a) upgrade the electronic communications apparatus to
which the agreement relates, or
(b) share the use of such elec tronic communications apparatus
with another operator.
(2) The first condition is that any changes as a result of the upgrading
or sharing to the electronic co mmunications apparatus to which
the agreement relates have no adverse impact, or no more than aminimal adverse impact , on its appearance.
(3) The second condition is that the upgrading or sharing imposes no
additional burden on the ot her party to the agreement.
(4) For the purposes of sub-para graph (3) an additional burden
includes anything that—
(a) has an additional adverse effect on the other party’s
enjoyment of the land, orDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code137
(b) causes additional loss, dama ge or expense to that party.
(5) Any agreement under Part 2 of this code is void to the extent
that—
(a) it prevents or limits the up grading or sharing, in a case
where the conditions in sub-pa ragraphs (2) and (3) are met,
of the electronic communicat ions apparatus to which the
agreement relates, or
(b) it makes upgrading or sharing of such apparatus subject to
conditions to be met by the operator (including a conditionrequiring the payment of money).
(6) References in this para graph to sharing electronic
communications apparatus include carrying out works to theapparatus to enable such sharing to take place.
Effect of agreements enabling sh aring between operators and others
18 (1) This paragraph applies where—
(a) this code has been applied by a direction under section 106
in a person’s case,
(b) this code expressly or impl iedly imposes a limitation on
the use to which electronic  communications apparatus
installed by that person may be put or on the purposes forwhich it may be used, and
(c) that person is a party to a relevant agreement or becomes a
party to an agreement which (after the person has becomea party to it) is a relevant agreement.
(2) The limitation does not preclude—
(a) the doing of anything in re lation to that apparatus, or
(b) its use for particular purposes,
to the extent that the doing of that thing, or the use of the
apparatus for those purposes, is  in pursuance of the relevant
agreement.
(3) This paragraph is not to be construed, in relation to a person who
is entitled or authorised by or under a relevant agreement to share
the use of apparatus installed by  another party to  the agreement,
as affecting any consent requir ement imposed (whether by an
agreement, an enactment or otherwise) on that person.
(4) In this paragraph—
“consent requirement”, in rela tion to a person, means a
requirement for the person to obtain consent or permission
to or in connection with—
(a) the installation by the person of apparatus, or
(b) the doing by the person of  any other thing in relation
to apparatus the use of whic h the person is entitled or
authorised to share;
“relevant agreement” means an agreement in relation to
electronic communications apparatus which—
(a) relates to the sharing by different parties to the
agreement of the use of that apparatus, andDigital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code138
(b) is an agreement that satisf ies the requirements of sub-
paragraph (5).
(5) An agreement satisfies the requ irements of this sub-paragraph
if—
(a) every party to the agreement is a person in whose case this
code applies by virtue of a direction under section 106, or
(b) one or more of the parties to the agreement is a person in
whose case this code so a pplies and every other party to
the agreement is a qualifying person.
(6) A person is a qualifying person  for the purposes of sub-paragraph
(5) if the person is either—
(a) a person who provides an  electronic communications
network without being a person  in whose case this code
applies, or
(b) a designated provider of an electronic communications
service consisting in the di stribution of a programme
service by means of an electronic communicationsnetwork.
(7) In sub-paragraph (6)—
“designated” means designated by regulations made by the
Secretary of State;
“programme service” has the same meaning as in the
Broadcasting Act 1990.
P
ART 4
POWER  OF COURT  TO IMPOSE  AGREEMENT
Introductory
19 This Part of this co de makes provision about—
(a) the circumstances in wh ich the court can impose an
agreement on a person by wh ich the person confers or is
otherwise bound by a code right,
(b) the test to be applied by the court in deciding whether to
impose such an agreement,
(c) the effect of such an  agreement and its terms,
(d) the imposition of an agreem ent on a person on an interim
or temporary basis.
When can the court impose an agreement?
20 (1) This paragraph applies where th e operator requires a person (a
“relevant person”) to agree—
(a) to confer a code right on the operator, or
(b) to be otherwise bound by a co de right which is exercisable
by the operator.
(2) The operator may give the relevant person a notice in writing—
(a) setting out the code right, and all of the other terms of the
agreement that the operator seeks, andDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code139
(b) stating that the operator seeks the person’s agreement to
those terms.
(3) The operator may apply to th e court for an order under this
paragraph if—
(a) the relevant person does not, before the end of 28 days
beginning with the day on whic h the notice is given, agree
to confer or be otherwise bound by the code right, or
(b) at any time after the notice is given, the relevant person
gives notice in writing to the operator that the person does
not agree to confer or be otherwise bound by the coderight.
(4) An order under this paragraph is one which imposes on the
operator and the relevant person an agreement between themwhich—
(a) confers the code right on the operator, or
(b) provides for the code right to bind the relevant person.
What is the test to be applied by the court?
21 (1) Subject to sub-paragraph (5),  the court may make an order under
paragraph 20 if (and only if) th e court thinks that both of the
following conditions are met.
(2) The first condition is that th e prejudice caused to the relevant
person by the order is capable of being adequately compensated
by money.
(3) The second condition is that the public benefit likely to result from
the making of the order outweighs the prejudice to the relevantperson.
(4) In deciding whether the second condition is met, the court must
h a v e  r e g a r d  t o  t h e  p u b l i c  i n t e r e s t  i n  a c c e s s  t o  a  c h o i c e  o f  h i g hquality electronic communications services.
(5) The court may not make an orde r under paragraph 20 if it thinks
that the relevant person intends to  redevelop all or part of the land
to which the code right would re late, or any neighbouring land,
and could not reasonably do so if the order were made.
What is the effect of an agreement imposed under paragraph 20?
22 An agreement imposed by an order under paragraph 20 takes
effect for all purposes of this code as an agreement under Part 2 ofthis code between the operat or and the relevant person.
What are the terms of an agreement imposed under paragraph 20?
23 (1) An order under paragraph 20 may impose an agreement which
gives effect to the code right sought by the operator with suchmodifications as the court thinks appropriate.
(2) An order under paragraph 20 must require the agreement to
contain such terms as the court th inks appropriate, subject to sub-
paragraphs (3) to (8).Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code140
(3) The terms of the agreement must include terms as to the payment
of consideration by the operator to the relevant person for therelevant person’s agreement to confer or be bound by the code
right (as the case may be).
(4) Paragraph 24 makes provision about the determination of
consideration under sub-paragraph (3).
(5) The terms of the agreement mu st include the terms the court
thinks appropriate for ensuring th at the least possible loss and
damage is caused by the exercise  of the code right to persons
who—
(a) occupy the land in question,
(b) own interests in that land, or
(c) are from time to time on that land.
(6) Sub-paragraph (5) applies in re lation to a person regardless of
whether the person is a party to the agreement.
(7) The terms of the agreement must include terms specifying for how
long the code right conferred by the agreement is exercisable.
(8) The court must determine whet her the terms of the agreement
should include a term—
(a) permitting termination of the agreement (and, if so, in
what circumstances);
(b) enabling the relevant person  to require the operator to
reposition or temporarily to remove the electronic
communications equipment to which the agreementrelates (and, if so, in what circumstances).
How is consideration to be determined under paragraph 23?
24 (1) The amount of consideration pa yable by an operator to a relevant
person under an agreement impose d by an order under paragraph
20 must be an amount or amounts representing the market valueof the relevant person’s agreemen t to confer or be bound by the
code right (as the case may be).
(2) For this purpose the market value of a person’s agreement to
confer or be bound by a code right is, subject to sub-paragraph (3),the amount that, at the date the market value is assessed, a willing
buyer would pay a willing seller for the agreement—
(a) in a transaction at arm’s length,
(b) on the basis that the buyer and seller were acting
prudently and with full knowle dge of the transaction, and
(c) on the basis that the transa ction was subject to the other
provisions of the agreement imposed by the order under
paragraph 20.
(3) The market value must be assessed on these assumptions—
(a) that the right that the transa ction relates to does not relate
to the provision or use of an electronic communications
network;Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code141
(b) that paragraphs 16 and 17 (assignment, and upgrading
and sharing) do not apply to the right or an y apparatus to
which it could apply;
(c) that the right in all other re spects corresponds to the code
right;
(d) that there is more than one site which the buyer could use
for the purpose for which the buyer seeks the right.
(4) The terms of the agreement ma y provide for consideration to be
payable—
(a) as a lump sum or periodically,
(b) on the occurrence of a specified event or events, or
(c) in such other form or at su ch other time or times as the
court may direct.
What rights to the payment of compensation are there?
25 (1) If the court makes an order under paragraph 20 the court may also
order the operator to pay compensa tion to the relevant person for
any loss or damage that has been sustained or will be sustained by
that person as a result of the exercise of the code right to which theorder relates.
(2) An order under sub-para graph (1) may be made—
(a) at the time the court makes an order under paragraph 20,
or
(b) at any time afterwards, on the application of the relevant
person.
(3) An order under sub-paragraph (1) may—
( a ) s p e c i f y  t h e  a m o u n t  o f  c o m p e n s a t i o n  t o  b e  p a i d  b y  t h e
operator, or
(b) give directions for the dete rmination of any such amount.
(4) Directions under sub-paragraph (3)(b) may provide—
(a) for the amount of compensati on to be agreed between the
operator and the relevant person;
(b) for any dispute about that amount to be determined by
arbitration. 
(5) An order under this paragrap h may provide for the operator—
(a) to make a lump sum payment,
(b) to make period ical payments,
(c) to make a payment or paym ents on the occurrence of an
event or events, or
(d) to make a payment or paymen ts in such other form or at
such other time or times as the court may direct.
(6) Paragraph 84 makes further provision about compensation in the
case of an order under paragraph 20.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code142
Interim code rights
26 (1) An operator may apply to the court for an order which imposes on
the operator and a person, on an interim basis, an agreementbetween them which—
(a) confers a code righ t on the operator, or 
(b) provides for a code right to bind that person.
(2) An order under this paragraph imposes an agreement on the
operator and a person on an interim basis if it provides for them to
be bound by the agreement—
(a) for the period specified in the order, or
(b) until the occurrence of an event specified in the order.
(3) The court may make an  order under this paragraph if (and only if)
the operator has given the person  mentioned in sub-paragraph (1)
a notice which complies with paragraph 20(2) stating that anagreement is sought on an interim basis and—
(a) the operator and that person have agreed to the making of
the order and the terms of the agreement imposed by it, or
(b) the court thinks that there is  a good arguable case that the
test in paragraph 21 for the making of an order underparagraph 20 is met.
(4) Subject to sub-paragraphs (5) and (6), the following provisions
apply in relation to an order under this paragraph and anagreement imposed by it as they apply in relation to an order
under paragraph 20 and an agreement imposed by it—
(a) paragraph 20(3) (time at which operator may apply for
agreement to be imposed);
(b) paragraph 22 (effect of agreement imposed under
paragraph 20);
(c) paragraph 23 (terms of agreement imposed under
paragraph 20);
(d) paragraph 24 (payment of consideration);
(e) paragraph 25 (payment of compensation);
(f) paragraph 84 (compensation where agreement imposed).
(5) The court may make an order under this paragraph even though
the period mentioned in paragraph 20(3)(a) has not elapsed (andparagraph 20(3)(b) does not apply) if the court thinks that theorder should be made as a matter of urgency.
(6) Paragraphs 23, 24 and 25 apply by virtue of sub-paragraph (4) as
if—
(a) references to the relevant  person were to the person
mentioned in sub-paragraph (1) of this paragraph, and
(b) the duty in paragraph 23 to include terms as to the
payment of consideration to that person in an agreementwere a power to do so.
(7) Sub-paragraph (8) applies if—
(a) an order has been made under this paragraph imposing an
agreement relating to a code right on an operator and aperson in respect of any land, andDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code143
(b) the period specified un der sub-paragraph (2)(a) has
expired or, as the case may be, the event specified under
sub-paragraph (2)(b) has occurr ed without (in either case)
an agreement relating to the code right having beenimposed on the person by order under paragraph 20.
(8) From the time when the period expires or the event occurs, that
person has the right, subject to and in accordance with Part 6 of
this code, to require the oper ator to remove any electronic
communications apparatus placed on the land under theagreement imposed under this paragraph.
Temporary code rights
27 (1) This paragraph applies where—
(a) an operator gives a notice under paragraph 20(2) to a
person in respect of any land,
( b ) t h e  n o t i c e  a l s o  r e q u i r e s  t h a t  p e r s o n ’ s  a g r e e m e n t  o n  a
temporary basis in respect of a right which is to beexercisable (in whole or in pa rt) in relation to electronic
communications apparatus which is already installed on,under or over the land, and
(c) the person has the right to  require the removal of the
apparatus in accordance with paragraph 37 or asmentioned in paragraph 40(1) but the operator is not forthe time being required to remove the apparatus.
(2) The court may, on the application of the operator, impose on the
operator and the person an agreement between them which
confers on the operator, or provides  for the person to be bound by,
such temporary code rights as appear to the court reasonably
necessary for securing the objective in sub-paragraph (3).
(3) That objective is that, until the proceedings un der paragraph 20
and any proceedings under para graph 40 are determined, the
service provided by the operator’s  network is maintained and the
apparatus is properly adju sted and kept in repair.
(4) Subject to sub-paragraphs (5) and (6), the following provisions
apply in relation to an order under this paragraph and anagreement imposed by it as they apply in relation to an order
under paragraph 20 and an agreement imposed by it—
(a) paragraph 20(3) (time at which operator may apply for
agreement to be imposed);
(b) paragraph 22 (effect of agreement imposed under
paragraph 20);
(c) paragraph 23 (terms of agreement imposed under
paragraph 20);
(d) paragraph 24 (payment of consideration);
(e) paragraph 25 (payment of compensation);
(f) paragraph 84 (compensation where agreement imposed).
(5) The court may make an order under this paragraph even though
the period mentioned in paragraph 20(3)(a) has not elapsed (andparagraph 20(3)(b) does not apply) if the court thinks that theDigital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code144
order should be made as a matter of urgency.
(6) Paragraphs 23, 24 and 25 apply by virtue of sub-paragraph (4) as
if—
(a) references to the relevant  person were to the person
mentioned in sub-paragraph (1) of this paragraph, and
(b) the duty in paragraph 23 to include terms as to the
payment of consideration to that person in an agreementwere a power to do so.
(7) Sub-paragraph (8) a pplies where, in the course of the proceedings
under paragraph 20, it is shown that a person with an interest inthe land was entitled to requir e the removal of the apparatus
immediately after it was installed.
(8) The court must, in determining for the purposes of paragraph 20
whether the apparatus should continue to be kept on, under or
over the land, disregard the fact that the apparatus has alreadybeen installed there.
P
ART 5
TERMINATION  AND  MODIFICATION  OF AGREEMENTS
Introductory
28 This Part of this co de makes provision about—
(a) the continuation of code righ ts after the time at which they
cease to be exercisable under an agreement,
(b) the procedure for bringing an agreement to an end,
(c) the procedure for changing an agreement relating to code
rights, and
(d) the arrangements for the making of payments under an
agreement whilst disputes under this Part are resolved.
Application of this Part
29 (1) This Part of this code applies to an agreement under Part 2 of this
code, subject to sub-pa ragraphs (2) to (4).
(2) This Part of this code  does not apply to a lease of land in England
and Wales if—
(a) its primary purp ose is not to grant code rights, and
(b) it is a lease to which Part 2 of the Landlord and Tenant Act
1954 (security of tenure fo r business, professional and
other tenants) applies.
(3) In determining whether a lease is one to which Part 2 of the
Landlord and Tenant Act 1954 applies, any agreement undersection 38A (agreements to exclude provisions of Part 2) of that
Act is to be disregarded.
(4) This Part of this code does not apply to a lease of land in Northern
Ireland if—
(a) its primary purp ose is not to grant code rights, andDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code145
(b) it is a lease to which the Business Tenancies (Northern
Ireland) Order 1996 (SI 1996/725 (NI 5)) applies.
(5) An agreement to which this Part of  this code applies is referred to
in this code as a “code agreement”.
Continuation of code rights
30 (1) Sub-paragraph (2) applies if—
(a) a code right is conferred by , or is otherwise binding on, a
person (the “site provider”)  as the result of a code
agreement, and
(b) under the terms of the agreement—
(i) the right ceases to be exercisable or the site
provider ceases to be bound by it, or
(ii) the site provider may bring the code agreement to
an end so far as it relates to that right.
(2) Where this sub-paragraph app lies the code agreement continues
so that—
(a) the operator may continue to exercise that right, and
(b) the site provider continue s to be bound by the right.
(3) Sub-paragraph (2) does not apply to a code right which is
conferred by, or is otherwise bind ing on, a person by virtue of an
order under paragraph 26 (interim  code rights) or 27 (temporary
code rights).
(4) Sub-paragraph (2) is  subject to the following provisions of this
Part of this code.
How may a person bring a code agreement to an end?
31 (1) A site provider who is a part y to a code agreement may bring the
agreement to an end by giving a notice in accordance with thisparagraph to the operator who is a party to the agreement.
(2) The notice must—
(a) comply with paragraph 89 (n otices given by persons other
than operators),
(b) specify the date on which th e site provider proposes the
code agreement should come to an end, and
(c) state the ground on which the site provider proposes to
bring the code agreement to an end.
(3) The date specified under su b-paragraph (2)(b) must fall—
(a) after the end of the period of  18 months beginning with the
day on which the notice is given, and
(b) after the time at which, apart from paragraph 30, the code
right to which the agreement relates would have ceased to
be exercisable or to bind the site provider or at a timewhen, apart from that paragraph, the code agreementcould have been brought to an end by the site provider.
(4) The ground stated under sub-pa ragraph (2)(c) must be one of the
following—Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code146
(a) that the code agreement ought to come to an end as a result
of substantial breach es by the operator of its obligations
under the agreement;
(b) that the code agreement ough t to come to an end because
of persistent delays by the op erator in making payments to
the site provider under the agreement;
(c) that the site provider intends to redevelop all or part of the
l a n d  t o  w h i c h  t h e  c o d e  a g r e e m e n t  r e l a t e s ,  o r  a n yneighbouring land, and could not reasonably do so unless
the code agreement comes to an end;
(d) that the operator is not entitled to the code agreement
because the test under paragr aph 21 for the imposition of
the agreement on the site provider is not met.
What is the effect of a notice under paragraph 31?
32 (1) Where a site provider gives a notice under paragraph 31, the code
agreement to which it relates comes to an end in accordance withthe notice unless—
(a) within the period of three months beginning with the day
on which the notice is given, the operator gives the siteprovider a counter-notice in accordance with sub-
paragraph (3), and
(b) within the period of three months beginning with the day
on which the counter-notice is  given, the operator applies
to the court for an order under paragraph 34.
(2) Sub-paragraph (1) does not a pply if the operator and the site
provider agree to the continua tion of the code agreement.
(3) The counter-notice must state—
(a) that the operator does not want the existing code
agreement to come to an end,
(b) that the operator wants the si te provider to agree to confer
or be otherwise boun d by the existing code right on new
terms, or
(c) that the operator wants the si te provider to agree to confer
or be otherwise bound by a ne w code right in place of the
existing code right.
(4) If, on an application under sub- paragraph (1)(b), the court decides
that the site provider has establ ished any of the grounds stated in
the site provider’s notice un der paragraph 31, the court must
order that the code agreement come s to an end in accordance with
the order.
(5) Otherwise the court must make one of the orders specified in
paragraph 34.
How may a party to a code agreement requir e a change to the terms of an agreement 
which has expired?
33 (1) An operator or site provider wh o is a party to a code agreement by
which a code right is conferred by or otherwise binds the siteDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code147
provider may, by notice in ac cordance with this paragraph,
require the other party to the agreement to agree that—
(a) the code agreement should  have effect with modified
terms,
(b) where under the code agreem ent more than one code right
is conferred by or otherwise binds the site provider, that
the agreement should no longer provide for an existingcode right to be conferred by  or otherwise bind the site
provider,
(c) the code agreement should—
(i) confer an additional code  right on the operator, or
(ii) provide that the site pr ovider is otherwise bound
by an additional code right, or
(d) the existing code agreement should be terminated and a
new agreement should have effect between the partieswhich—
(i) confers a code righ t on the operator, or
(ii) provides for a code right to bind the site provider.
(2) The notice must—
(a) comply with paragraph 88 or  89, according to whether the
notice is given by an oper ator or a site provider,
(b) specify—
(i) the day from which it is proposed that the modified
terms should have effect,
(ii) the day from which the agreement should no
longer provide for the code right to be conferred byor otherwise bind the site provider,
(iii) the day from which it  is proposed that the
additional code right should be conferred by orotherwise bind the site provider, or
(iv) the day on which it is proposed the existing code
agreement should be terminated and from which anew agreement should have effect,
(as the case may be), and
(c) set out details of—
(i) the proposed modified terms,
(ii) the code right it is proposed should no longer be
conferred by or otherwise bind the site provider,
(iii) the proposed additional code right, or
(iv) the proposed terms of the new agreement,
(as the case may be).
(3) The day specified under su b-paragraph (2)(b) must fall—
(a) after the end of the period of 6 months beginning with the
day on which the notice is given, and
(b) after the time at which, apart from paragraph 30, the code
right to which the existing code agreement relates wouldhave ceased to be exercisable or  to bind the site provider or
at a time when, apart from that paragraph, the code
agreement could have been brought to an end by the site
provider.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code148
(4) Sub-paragraph (5) applies if, af ter the end of the period of 6
months beginning with the day on which the notice is given, the
operator and the site provider have not reached agreement on the
proposals in the notice.
(5) Where this paragraph applies, the operator or the site provider
may apply to the court for the court to make an order under
paragraph 34.
What orders may a court make on an application under paragraph 32 or 33?
34 (1) This paragraph sets out the orde rs that the court may make on an
application under paragraph 32(1)(b) or 33(5).
(2) The court may order that the operator may continue to exercise the
existing code right in accordance with the existing  code agreement
for such period as may be specif ied in the order (so that the code
agreement has effect accordingly).
(3) The court may order the modifi cation of the terms of the code
agreement relating to the existing code right.
(4) Where under the code agreement more than one code right is
conferred by or otherwise binds the site provider, the court mayorder the modification of the terms of the code agreement so thatit no longer provides for an existing code right to be conferred byor otherwise bind the site provider.
(5) The court may order the terms of the code agreement relating to
the existing code right to be modified so that—
(a) it confers an additional co de right on the operator, or
(b) it provides that the site pr ovider is otherw ise bound by an
additional code right.
(6) The court may order the term ination of the code agreement
relating to the existing code ri ght and order the operator and the
site provider to enter into a new agreement which—
(a) confers a code righ t on the operator, or
(b) provides for a code right to bind the site provider.
(7) The existing code agreement continues until the new agreement
takes effect.
(8) This code applies to the new agreement as if it were an agreement
under Part 2 of this code.
(9) The terms conferring or provid ing for an additional code right
under sub-paragraph (5), and the terms of a new agreement undersub-paragraph (6), are to be such as are agreed between theoperator and the site provider.
(10) If the operator and the site provider are unable to agree on the
terms, the court must on an app lication by either party make an
order specifying those terms.
(11) Paragraphs 23(2) to (8 ), 24, 25 and 84 apply—
(a) to an order under sub-paragraph (3), (4) or (5), so far as it
modifies or specifies the te rms of the agreement, andDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code149
(b) to an order under sub-paragraph (10)
as they apply to an order under paragraph 20.
(12) In the case of an order under sub-paragraph (10) the court must
also have regard to the terms of the existing code agreement.
(13) In determining whic h order to make under this paragraph, the
court must have regard to all the circumstances of the case, and inparticular to—
(a) the operator’s busine ss and technical needs,
(b) the use that the site provider is making of the land to which
the existing code agreement relates,
(c) any duties imposed on the si te provider by an enactment,
and
(d) the amount of consideration payable by the operator to the
site provider under the existing code agreement.
(14) Where the court makes an order under this paragraph, it may also
order the operator to pay the site  provider the amount (if any) by
which A exceeds B, where—
(a) A is the amount of consideration that would have been
payable by the operator to the site provider for the relevant
period if that amount had been assessed on the same basisas the consideration payable as the result of the order, and
(b) B is the amount of consider ation payable by the operator to
the site provider for the relevant period.
(15) In sub-paragraph (14) the relevant period is the period (if any)
that—
(a) begins on the date on whic h, apart from the operation of
paragraph 30, the code right to which the existing code
agreement relates would have ceased to be exercisable orto bind the site provider or  from which, apart from that
paragraph, the code agreemen t could have been brought
to an end by the site provider, and
(b) ends on the date on which the order is made.
What arrangements for payment can be made pending determination of the 
application?
35 (1) This paragraph applies where—
(a) a code right continues to be exercisable under paragraph
30 after the time at which, apart from the operation of thatparagraph, the code right would have ceased to be
exercisable or to bind the si te provider or from which,
apart from that paragraph, th e code agreement relating to
the right could have been brought to an end by the siteprovider, and
(b) the operator or the site pr ovider has applied to the court
for an order under para graph 32(1)(b) or 33(5).
(2) The site provider may—
(a) agree with the operator that, until the application has been
finally determined, the site  provider will continue to
receive the payments of consideration from the operator toDigital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code150
which the site provider is entitled under the agreement
relating to the existing code right,
(b) agree with the operator th at, until that time, the site
provider will receive different  payments of consideration
under that agreement, or
(c) apply to the court for the court to determine the payments
of consideration to be made by the operator to the siteprovider under that agreement until that time.
(3) The court must determine th e payments under sub-paragraph
(2)(c) on the basis set out in paragraph 24 (calculation of
consideration).
P
ART 6
RIGHTS  TO REQUIRE  REMOVAL  OF ELECTRONIC  COMMUNICATIONS  APPARATUS
Introductory
36 This Part of this co de makes provision about—
(a) the cases in which a person  has the right to require the
removal of electronic communications apparatus or therestoration of land,
(b) the means by which a person can discover whether
apparatus is on land pursuant to a code right, and
(c) the means by which a right to require removal of
apparatus or restoration of land can be enforced.
When does a landowner have the right to require removal of electronic communications 
apparatus?
37 (1) A person with an interest in land (a “landowner”) has the right to
require the removal of electronic communications apparatus on,under or over the land if (and only  if) one or more of the following
conditions are met.
(2) The first condition is that the landowner has never since the
coming into force of this code been bound by a code right entitlingan operator to keep the apparatus on, under or over the land.
This is subject to sub-paragraph (4).
(3) The second condition is that a code right entitling an operator to
keep the apparatus on, under or ov er the land has come to an end
or has ceased to bind the landowner—
(a) as mentioned in paragraph 26(7) and (8),
(b) as the result of paragraph 32(1), or
(c) as the result of an order under paragraph 32(4) or 34(4) or
(6), or
(d) where the right was granted by a lease to which Part 5 of
this code does not apply.
This is subject to sub-paragraph (4).
(4) The landowner does not meet the first or second condition if—
(a) the land is occupied by a person who—Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code151
(i) conferred a code right (whi ch is in force) entitling
an operator to keep the apparatus on, under or over
the land, or
(ii) is otherwise bound by such a right, and
(b) that code right was not conferred in breach of a covenant
enforceable by the landowner.
(5) In the application of sub-paragrap h (4)(b) to Scotland the reference
to a covenant enforceable by the landowner is to be read as areference to a contractual te rm which is so enforceable.
(6) The third condition is that—
(a) an operator has the benefit of a code right entitling the
operator to keep the apparatu s on, under or over the land,
but
(b) the apparatus is no t, or is no longer, used for the purposes
of the operator’s network, and
(c) there is no reasonable likelihood that the apparatus will be
used for that purpose.
(7) The fourth condition is that—
(a) this code has ceased to apply to a person so that the person
is no longer entitled under th is code to keep the apparatus
on, under or over the land,
(b) the retention of the apparatu s on, under or over the land is
not authorised by a scheme contained in an order undersection 117, and 
(c) there is no other person with  a right conferred by or under
this code to keep the apparatus on, under or over the land.
(8) The fifth condition is that—
(a) the apparatus was kept on, under or over the land
pursuant to—
(i) a transport land right (see Part 7), or
(ii) a street work right (see Part 8),
(b) that right has ceased to be exercisable in relation to the
land by virtue of paragraph 54(9), and
(c) there is no other person with  a right conferred by or under
this code to keep the apparatus on, under or over the land.
(9) This paragraph does not affect rights to require the removal of
apparatus under another enactment (see paragraph 41).
When does a landowner or occupier of nei ghbouring land have the right to require 
removal of electronic co mmunications apparatus?
38 (1) A landowner or occupier of an y land (“neighbouring land”) has
the right to require the remova l of electronic communications
apparatus kept on, under or over other land in exercise of a rightmentioned in paragraph 13(1), if both of the following conditionsare met.
(2) The first condition is that the apparatus interferes with or
obstructs a means of access to or  from the neighbouring land.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code152
(3) The second condition is that the landowner or occupier of the
neighbouring land is not bound by a code right within paragraph3(h) entitling an operator to caus e the interference or obstruction.
(4) A landowner of neighbouring land  who is not the occupier of the
land does not meet the second condition if—
(a) the land is occupied by a person who—
(i) conferred a code right (whi ch is in force) entitling
an operator to cause the in terference or obstruction,
or
(ii) is otherwise bound by such a right, and
(b) that code right was not conferred in breach of a covenant
enforceable by the landowner.
(5) In the application of sub-paragrap h (4)(b) to Scotland the reference
to a covenant enforceable by the landowner is to be read as areference to a contractual te rm which is so enforceable.
How does a landowner or occupier find out wh ether apparatus is on land pursuant to 
a code right?
39 (1) A landowner may by notice require an operator to disclose
whether—
(a) the operator owns electron ic communications apparatus
on, under or over land in which the landowner has aninterest or uses such apparatus for the purposes of theoperator’s network, or
(b) the operator has the benefit of a code right entitling the
operator to keep electronic communications apparatus on,
under or over land in which the landowner has an interest.
(2) A landowner or occupier of neighbouring land may by notice
require an operator to disclose whether—
(a) the operator owns electron ic communications apparatus
on, under or over land that forms (or, but for theapparatus, would form) a means of access to theneighbouring land, or uses such apparatus for thepurposes of the oper ator’s network, or
(b) the operator has the benefit of a code right entitling the
operator to keep electronic communications apparatus on,
under or over land that forms (or, but for the apparatus,would form) a means of access to the neighbouring land.
(3) The notice must comply with paragraph 89 (notices given by
persons other than operators).
(4) Sub-paragraph (5) applies if—
(a) the operator does not, before the end of the period of three
months beginning with the date on which the notice undersub-paragraph (1) or (2) was gi ven, give a notice to the
landowner or occupier that—
(i) complies with paragraph 88 (notices given by
operators), and
(ii) discloses the information sought by the landowner
or occupier,Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code153
(b) the landowner or occupier takes action under paragraph
40 to enforce the removal of the apparatus, and
(c) it is subsequently established that—
(i) the operator owns the ap paratus or uses it for the
purposes of the operator’s network, and
(ii) the operator has the benefi t of a code right entitling
the operator to keep th e apparatus on, under or
over the land.
(5) The operator must nevertheless bear the costs of any action taken
by the landowner or occupier under paragraph 40 to enforce theremoval of the apparatus.
How does a landowner or occupier enforce removal of apparatus?
40 (1) The right of a landowner or occupier to require the removal of
electronic communications appara tus on, under or over land,
under paragraph 37 or 38, is exer cisable only in accordance with
this paragraph.
(2) The landowner or occupier ma y give a notice to the operator
whose apparatus it is requiring the operator—
(a) to remove the apparatus, and
(b) to restore the land to its condition before the apparatus
was placed on, under or over the land.
(3) The notice must—
(a) comply with paragraph 89 (n otices given by persons other
than operators), and
(b) specify the period within which the operator must
complete the works.
(4) The period specified under sub-paragraph (3) must be a
reasonable one.
(5) Sub-paragraph (6) applies if, within the period of 28 days
beginning with the day on whic h the notice was given, the
landowner or occupier and the operator do not reach agreementon any of the fo llowing matters—
(a) that the operator will  remove the apparatus;
(b) that the operator will rest ore the land to its condition
before the apparatus was plac ed on, under or over the
land;
( c ) t h e  t i me  a t  w hi c h o r  pe ri od within whic h the apparatus
will be removed;
(d) the time at which or period  within which the land will be
restored.
(6) The landowner or occupier may make an application to the court
for—
(a) an order under paragraph 44 (1) (order requiring operator
to remove apparatus etc), or
(b) an order under paragrap h 44(3) (order enabling
landowner to sell apparatus etc).Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code154
(7) If the court makes an order under paragraph 44(1), but the
operator does not comply with  the agreement imposed on the
operator and the landowner or o ccupier by virtue of paragraph
44(7), the landowner or occupier may make an application to the
court for an order under paragraph 44(3).
(8) On an application under sub-pa ragraph (6) or (7) the court may
not make an order in relation to  apparatus if an application under
paragraph 20(3) has been made in relation to the apparatus andhas not been determined.
How are other rights to require removal of apparatus enforced?
41 (1) The right of a person (a “third party”) under an enactment other
than this code, or otherwise than under an enactment, to require
the removal of electronic commun ications apparatus on, under or
over land is exercisable only in  accordance with this paragraph.
(2) The third party may give a notice  to the operator whose apparatus
it is, requiring the operator—
(a) to remove the apparatus, and
(b) to restore the land to its condition before the apparatus
was placed on, under or over the land.
(3) The notice must—
(a) comply with paragraph 89 (n otices given by persons other
than operators), and
(b) specify the period within which the operator must
complete the works.
(4) The period specified under sub-paragraph (3) must be a
reasonable one.
(5) Within the period of 28 days beginning with the day on which
notice under sub-paragraph (2) is given, the operator may give the
third party notice (“counter-notice”)—
(a) stating that the third party is not entitled to require the
removal of the apparatus, or
(b) specifying the steps which th e operator proposes to take
for the purpose of securing a right as against the third
party to keep the apparatus on the land.
(6) If the operator does not give coun ter-notice within that period, the
third party is entitled to enfo rce the removal of the apparatus.
(7) If the operator gives the third party counter-notice within that
period, the third party may enforc e the removal of the apparatus
only in pursuance of an order of the court that the third party isentitled to enforce the removal of the apparatus.
(8) If the counter-notice specifies steps under paragraph (5)(b), the
court may make an order under sub-paragraph (7) only if it issatisfied—
(a) that the operator is not intending to take those steps or is
being unreasonably dilatory in taking them; orDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code155
(b) that taking those steps has not secured, or will not secure,
for the operator as against the third party any right to keepthe apparatus installed on, under or over the land or to re-
install it if it is removed.
(9) Where the third part y is entitled to enfo rce the removal of the
apparatus, under sub-paragraph (6) or under an order under sub-
paragraph (7), the th ird party may make an application to the
court for—
(a) an order under paragraph 44 (1) (order requiring operator
to remove apparatus etc), or
(b) an order under paragraph 44(3 ) (order enabli ng third party
to sell apparatus etc).
(10) If the court makes an order under paragraph 44(1), but the
operator does not comply with  the agreement imposed on the
operator and the third party by virt ue of paragraph 44(7), the third
party may make an application to  the court for an order under
paragraph 44(3).
(11) An order made on an application under this paragraph need not
include provision within paragr aph 44(1)(b) or (3)(d) unless the
court thinks it appropriate.
(12) Sub-paragraph (9) is withou t prejudice to any other method
available to the third party fo r enforcing the removal of the
apparatus.
How does paragraph 40 apply if a person is entitled to require apparatus to be altered 
in consequence of street works?
42 (1) This paragraph applies where the third party’s righ t in relation to
which paragraph 41 applies is a right to require the alteration ofthe apparatus in consequence of the stopping up, closure, change
or diversion of a street or road or the extinguishment or alterationof a public right of way.
(2) The removal of the apparatus in pursuance of paragraph 41
constitutes compliance with a re quirement to make any other
alteration.
(3) A counter-notice under paragrap h 41(5) may state (in addition to,
or instead of, any of the matters mentioned in paragraph 41(5)(b))that the operator requires the th ird party to reimburse the operator
i n  r e s p e c t  o f  a n y  e x p e n s e s  i n c u r r e d  b y  t h e  o p e r a t o r  i n  o r  i nconnection with the making of any alteration in compliance with
the requirements of the third party.
(4) An order made under paragraph 41  on an application by the third
party in respect of a counter-notice containing a statement undersub-paragraph (3) must, unless the court otherwise thinks fit,require the third party to reimburs e the operator in respect of the
expenses referred to in the statement.
(5) Paragraph 44(3)(b) to (e) do not apply.
(6) In this paragraph—
“road” means a road in Scotland;Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code156
“street” means a street in England and Wales or Northern
Ireland.”
When can a separate application for restoration of land be made?
43 (1) This paragraph applies if—
(a) the condition of the land has been affected by the exercise
of a code right, and
(b) restoration of the land to its condition before the code right
was exercised does not involv e the removal of electronic
communications apparatus from any land.
(2) The occupier of the land, the ow ner of the freehold estate in the
land or the lessee of the land (“th e relevant person”) has the right
to require the operator to restore the land if the relevant person is
not for the time being bound by the code right.
This is subject to sub-paragraph (3).
(3) The relevant person does not have that right if—
(a) the land is occupied by a person who—
(i) conferred a code right (whi ch is in force) entitling
the operator to affect the condition of the land inthe same way as the right mentioned in sub-paragraph (1), or
(ii) is otherwise bound by such a right, and
(b) that code right was not conferred in breach of a covenant
enforceable by the relevant person.
(4) In the application of sub-paragrap h (3)(b) to Scotland the reference
to a covenant enforceable by the rele vant person is to be read as a
reference to a contractual te rm which is so enforceable.
(5) A person who has the right conf erred by this pa ragraph may give
a notice to the operator requiring the operator to restore the landto its condition before the code right was exercised.
(6) The notice must—
(a) comply with paragraph 89 (n otices given by persons other
than operators), and
(b) specify the period within which the operator must
complete the works.
(7) The period specified under sub-paragraph (6) must be a
reasonable one.
(8) Sub-paragraph (9) applies if, within the period of 28 days
beginning with the day on whic h the notice was given, the
landowner and the operator do not reach agreement on any of thefollowing matters—
(a) that the operator will rest ore the land to its condition
before the code right was exercised;
(b) the time at which or period  within which the land will be
restored.
(9) The landowner may make an application to the court for—Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code157
(a) an order under paragraph 44 (2) (order requiring operator
to restore land), or
(b) an order under paragrap h 44(4) (order enabling
landowner to recover cost of restoring land).
(10) If the court makes an order under paragraph 44(2), but the
operator does not comply with  the agreement imposed on the
operator and the landowner by virtue of paragraph 44(7), thelandowner may make an application to the court for an order
under paragraph 44(4).
(11) In the application of sub-paragr aph (2) to Scotland the reference to
a person who is the owner of the freehold estate in the land is to beread as a reference to a person who is the owner of the land.
What orders may the court make on an ap plication under paragraphs 40 to 43?
44 (1) An order under this sub-paragr aph is an order that the operator
must, within the period specified in the order—
(a) remove the electronic co mmunications apparatus, and
(b) restore the land to its condition before the apparatus was
placed on, under or over the land.
(2) An order under this sub-paragrap h is an order that the operator
must, within the period specified in the order, restore the land to
its condition before the code right was exercised.
(3) An order under this sub-paragrap h is an order that the landowner,
occupier or third party ma y do any of the following—
(a) remove or arrange the removal of the electronic
communications apparatus;
(b) sell any apparatus so removed;
(c) recover the costs of any acti on under paragraph (a) or (b)
from the operator;
(d) recover from the operator th e costs of restoring the land to
its condition before the apparatus was placed on, under orover the land;
(e) retain the proceeds of sale of the apparatus to the extent
that these do not exceed the costs incurred by the
landowner, occupier or third party as mentioned inparagraph (c) or (d).
(4) An order under this sub-paragraph is an order that the landowner
may recover from the operator the co sts of restoring the land to its
condition before the code right was exercised.
(5) An order under this paragraph on an application under paragraph
40 may require the operator to pay compensation to thelandowner for any loss or damage suffered by the landowner as aresult of the presence of the a pparatus on the land during the
period when the landowner had th e right to require the removal
of the apparatus from the land bu t was not able to exercise that
right.
(6) Paragraph 84 makes further provision about compensation under
sub-paragraph (5).Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code158
(7) An order under sub-paragraph (1) or (2) takes effect as an
agreement between the operator and the landowner, occupier or
third party that—
(a) requires the operator to take the steps specified in the
order, and
(b) otherwise contains such term s as the court may so specify.
PART 7
CONFERRAL  OF TRANSPORT  LAND  RIGHTS  AND  THEIR  EXERCISE
Introductory
45 This Part of this co de makes provision about—
(a) the conferral of transport land rights, and
(b) the exercise of transport land rights.
Transport land and transport undertakers
46 In this Part of this code—
“transport land” means land which is used wholly or
mainly—
(a) as a railway, canal or tramway, or
(b) in connection with a railway, canal or tramway on the
land;
“transport undertaker”, in rela tion to transport land, means
the person carrying on th e railway, canal or tramway
undertaking.
Conferral of transport land rights
47 (1) An operator may exercise a tran sport land right for the statutory
purposes.
(2) But that is subject to the follow ing provisions of this Part of this
code.
The transport land rights
48 (1) For the purposes of this code a “transport land right”, in relation
to an operator, is—
(a) a right to cross any transport land with a line;
(b) a right, for the purposes of crossing any transport land
with a line—
(i) to install and keep the line and any other electronic
communications apparatus on, under or over thetransport land;
(ii) to inspect, maintain, ad just, alter, repair, upgrade
or operate electronic co mmunications apparatus
on, under or over the transport land;
(iii) a right to carry out an y works on the transport land
for or in connection with  the exercise of a right
under sub-paragraph (i) or (ii);Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code159
(iv) a right to enter the transport land to inspect,
maintain, adjust, alter, repair, upgrade or operatethe line or other electronic communicationsapparatus.
(2) A line installed in the exercise of a transport land right need not
cross the transport land in ques tion by a direct  route or the
shortest route from the point at wh ich the line enters the transport
land.
(3) But the line must not cross the transport land by any route which,
in the horizontal plane, exceeds that shortest route by more than400 metres.
(4) The transport land rights do not authorise an operat or to install a
line or other electronic communications apparatus in any positionon transport land in which the line or other apparatus would
interfere with traffic on th e railway, canal or tramway.
Non-emergency works: when can an operator exercise the transport land rights?
49 (1) Before exercising a transport la nd right in order to carry out non-
emergency works, the operator  must give the transport
undertaker notice of the intention to carry out the works (“noticeof proposed works”).
(2) Notice of proposed works must contain a plan and section of the
works; but, if the transport un dertaker agrees, the notice may
instead contain a description of the works (whether or not in theform of a diagram).
(3) The operator must not begin th e proposed works until the notice
period has ended.
(4) But the operator’s power to carry out the proposed works is
subject to paragraph 50.
(5) In this paragraph—
“non-emergency works” means any works which are not
emergency works under paragraph 51;
“notice period” means the peri od of 28 days beginning with
the day on which notice of  proposed works is given.
What is the effect of the transport undertaker giving notice of objection to the operator?
50 (1) This paragraph applies if an operator gives a transport undertaker
notice of proposed wo rks under paragraph 49.
(2) The transport undertaker may, wi thin the notice period, give the
operator notice objecting to the proposed works (“notice of
objection”).
(3) If notice of objection is give n, the operator or the transport
undertaker may, within the arbitration notice period, give theother notice that the objection is to be referred to arbitration underparagraph 52 (“arbitration notice”).Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code160
(4) In a case where notice of objection is given, the operator may
exercise a transport land right in  order to carry out the proposed
works only if they are permitte d under sub-paragraph (5) or (6).
(5) Works are permitted in a case where—
(a) the arbitration notice period has ended, and
(b) no arbitration notice has been given.
(6) In a case where arbitration notice has been given, works are
permitted in accordance  with an award made on the arbitration.
(7) In this paragraph—
(a) “arbitration notice period” means the period of 28 days
beginning with the day on whic h objection notice is given;
(b) expressions defined in paragraph 49 have the same
meanings as in that paragraph.
Emergency works: when can an operator exercise the transport land rights?
51 (1) An operator may exercise a transport land right in order to carry
out emergency works.
(2) If the operator exercises a tr ansport land right to carry out
emergency works, the operator  must give the transport
undertaker an emergency works notice as soon as reasonablypracticable after starting the works.
(3) An “emergency works notice” is a notice which—
(a) identifies the emergency works;
(b) contains a statement of th e reason why the works are
emergency works; and
(c) contains either—
(i) the matters which would be included in a notice of
proposed works (if one we re given in relation to
the works), or
(ii) a reference to a notice  of proposed works which
relates to the works that are emergency works (ifone has been given).
(4) A transport undertaker may, within the compensation notice
period, give the operator notice wh ich requires the operator to pay
compensation for loss or damage sustained in consequence of thecarrying out of emergency work s (“compensation notice”). 
(5) The operator must pay the transport undertaker any
compensation which is required by a compensation notice (if
given within the compensation notice period).
(6) The amount of compensation payable under sub-paragraph (5) is
to be agreed between the operat or and the transp ort undertaker.
(7) But if—
(a) the compensation agreement period has ended, and
(b) the operator and the transport undertaker have not agreed
the amount of compensa tion payable under sub-
paragraph (6),Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code161
the operator or the transport unde rtaker may give the other notice
that the disagreement is to be referred to arbitration underparagraph 52.
(8) A reference in this paragrap h to emergency works includes a
reference to any works which are included in a notice of proposedworks but become emergency works before the operator isauthorised by paragraph 50 or 51 to carry them out.
(9) In this paragraph—
“compensation agreement peri od” means the period of 28
days beginning with the da y on which a compensation
notice is given;
“compensation notice period” means the period of 28 days
beginning with the day on which an emergency works
notice is given;
“emergency works” means works carried out in order to stop
anything already occurring, or to prevent anythingimminent from occurring, which is likely to cause—
(a) danger to persons or property,
(b) the interruption of any service provided by the
operator’s network, or
(c) substantial loss to the operator,
and any other works which it is reasonable (in all the
circumstances) to carry out with those works;
“notice of proposed works” means such notice given under
paragraph 49.
What happens if a dispute about the transport land rights is referred to arbitration?
52 (1) This paragraph applies if notice is given under paragraph 50(3) or
51(7) that the following matter (the  “matter in dispute”) is to be
referred to arbitration—
(a) an objection to proposed works;
(b) a disagreement about an amount of compensation.
(2) The matter in dispute is to be re ferred to the arbitration of a single
arbitrator appointed—
(a) by agreement between the parties, or
(b) in the absence of such agreem ent, by the President of the
Institution of Civil Engineers.
(3) If the matter in dispute is an objection to proposed works, the
arbitrator has the following powers—
(a) power to require the operator  to give the arbitrator a plan
and section in such form as the arbitrator thinksappropriate;
(b) power to require the transport undertaker to give the
arbitrator any observations on  such a plan or section in
such form as the arbitrator thinks appropriate;
(c) power to impose on either  party any other requirements
which the arbitrator thinks appropriate (including a
requirement to provide inform ation in such form as the
arbitrator thinks appropriate);Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code162
(d) power to make an award—
(i) requiring modification s to the proposed works,
and
(ii) specifying the terms on which, and the conditions
subject to which, the proposed works may becarried out;
(e) power to award one or both of the following, payable to
the transport undertaker—
(i) compensation for loss or damage sustained by that
p e r s o n  i n  c o n s e q u e n c e  o f  the carrying out of the
works;
(ii) consideration for the right to carry out the works.
(4) If the matter in dispute is a disagreement about an amount of
compensation, the arbitrator has the following powers—
(a) power to impose on either party any requirements which
the arbitrator thinks appropriate (including a requirementto provide information in such form as the arbitratorthinks appropriate);
(b) power to award compensati on, payable to the transport
undertaker, for loss or damage  sustained by that person in
consequence of the carrying out of the emergency works.
(5) The arbitrator may make an award conditional upon a party
complying with a requirement imposed under sub-paragraph
(3)(a), (b) or (c) or (4)(a).
(6) In determining what award to make, the matters to which the
arbitrator must have regard incl ude the public interest in there
being access to a choice of high quality electronic  communications
services.
(7) The arbitrator’s power under su b-paragraph (3) or (4) to award
compensation for loss includes power to award compensation forany increase in the expenses in curred by the transport undertaker
in carrying on its railway, canal or tramway undertaking.
(8) An award of consideration under sub-paragraph (3)(e)(ii) must be
d e t e r m i n e d  o n  t h e  b a s i s  o f  w h a t  w o u l d  h a v e  b e e n  f a i r  a n dreasonable if the transport undertaker had willingly givenauthority for the works to be carr ied out on the same terms, and
subject to the same conditions (if any), as are contained in theaward.
(9) In this paragraph “party” means—
(a) the operator, or
(b) the transport undertaker.
When can a transport undertaker require an operator to alter communications 
apparatus?
53 (1) A transport undertaker may give an operator notice which
requires the operator to alte r a line or other electronic
communications apparatus specified in the notice (“noticerequiring alterations”) on the gr ound that keepin g the apparatusDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code163
on, under or over transport land interferes with, or is likely to
interfere with—
(a) the carrying on of the tr ansport undertaker’s railway,
canal or tramway undertaking, or
(b) anything done or to be done for the purposes of its railway,
canal or tramway undertaking.
(2) The operator may, within the notice peri od, give the transport
undertaker notice (“counter-noti ce”) specifying the respects in
which the operator is not prepared to comply with the noticerequiring alterations.
(3) The operator must comply with the notice requiring alterations,
within a reasonable time and to th e reasonable satisfaction of the
transport undertaker, if—
(a) the notice period has ended, and
(b) no counter-notice has been given.
(4) If counter-notice has been give n (within the notice period), the
transport undertaker may apply to the court for an order requiring
the operator to alter any of the specified apparatus.
(5) The court must not make an order unless it is satisfied that the
order is necessary on one of the grounds mentioned in sub-
paragraph (1).
(6) In determining whether to make an order, the matters to which the
court must also have regard include the public interest in therebeing access to a choice of high quality electronic  communications
services.
(7) An order under this paragraph may take such form and be on such
terms as the court thinks fit.
(8) In particular, the order—
(a) may impose such conditions, and
(b) may contain such directio ns to the operator or the
transport undertaker,
as the court thinks necessary fo r resolving any difference between
the operator and the tr ansport undertaker and for protecting their
respective interests.
(9) In this paragraph—
“notice period” means the peri od of 28 days beginning with
the day on which notice requ iring alterations is given;
“specified apparatus” means the line or other electronic
communications apparatus spec ified in notice requiring
alterations.
What happens to the transport land rights if land ceases to be transport land?
54 (1) This paragraph applies if an operator is exercising a transport land
right in relation to land immediat ely before a time when it ceases
to be transport land.
(2) After that time, this Part of this code — except for paragraph 53 —
continues to apply to the land as if it were still transport land (and,Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code164
accordingly, the operator may cont inue to exercise any transport
land right in relation to the land as if it were still transport land).
(3) But sub-paragraph (2) is subjec t to sub-paragraphs (4) to (9).
(4) In the application of this Part of  this code to land in accordance
with sub-paragraph (2), references to the transport undertakerhave effect as references to  the occupier of the land.
(5) The application of this Part of this code to land in accordance with
sub-paragraph (2) does not authorise the operator—
(a) to cross the land with any line that is not in place at the
time when the land ceases to be transport land, or
(b) to install and keep any line or other electronic
communications apparatus that is not in place at the timewhen the land ceases to be transport land.
(6) But sub-paragraph (5) does not a ffect the power of the operator to
replace an existing line or other apparatus (whether in place at the
time when the land ceased to be  transport land or a replacement
itself authorised by this su b-paragraph) with a new line or
apparatus which—
(a) is not substantiall y different from th e existing line or
apparatus, and
(b) is not in a significantly different position.
(7) The occupier of the land may, at  any time after the land ceases to
be transport land, give the operat or notice specifying a date on
which this Part of this code is to cease to apply to the land in
accordance with this paragraph (“notice of termination”).
(8) That date specified in the notice of termination must fall after the
end of the period of 12 months beginning with the day on which
the notice of termination is given.
(9) On the date specified in notice  of termination in accordance with
sub-paragraph (8), the transport land  rights cease to be exercisable
in relation to the land in ac cordance with this paragraph.
Offence: operators who do not comp ly with this Part of this code
55 (1) An operator is guilty of an offence if the operator starts any works
in contravention of any provision of paragraph 49, paragraph 50or paragraph 51.
(2) An operator guilty of an offence under this paragraph is liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.
(3) In a case where this Part of th is code applies in accordance with
paragraph 54, the reference in this paragraph to paragraph 49,paragraph 50 or paragraph 51 is a reference to that paragraph as itapplies in accordance with paragraph 54.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code165
PART 8
CONFERRAL  OF STREET  WORK  RIGHTS  AND  THEIR  EXERCISE
Introductory
56 This Part of this co de makes provision about—
(a) the conferral of street work rights, and
(b) the exercise of street work rights.
Streets and roads
57 In this Part of this code—
“road” means—
(a) a road in Scotland which is a public road;
(b) a road in Northern Ireland;
“street” means a street in England and Wales which is a
maintainable highway (withi n the meaning of Part 3 of
New Roads and Street Works Act 1991), other than onewhich is a footpath, bridlewa y or restricted byway that
crosses, and forms part of, any agricultural land or anyland which is being brough t into use for agriculture.
Conferral of street work rights
58 (1) An operator may exercise a st reet work right for the statutory
purposes.
(2) But that is subject to the follow ing provisions of this Part of this
code.
The street work rights
59 (1) For the purposes of this code a “street work right”, in relation to an
operator, is—
(a) a right to install and ke ep electronic communications
apparatus in, on, unde r, over, along or across a street or a
road;
(b) a right to inspect, maintain, adjust, alter, repair, upgrade or
operate electronic communic ations apparatus which is
installed or kept by the ex ercise of the right under
paragraph (a);
(c) a right to carry out any works in, on, under, over, along or
across a street or road for or in connection with the exerciseof a right under paragraph (a) or (b);
(d) a right to enter any street or road to inspect, maintain,
adjust, alter, repair, upgrade or operate electroniccommunications apparatus whic h is installed or kept by
the exercise of the right under paragraph (a).
(2) The works that may be carried out under sub-paragraph (1)(c)
include—
(a) breaking up or opening a street or a road;
(b) tunnelling or boring under a street or a road;Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code166
(c) breaking up or opening a sewer, drain or tunnel.
PART 9
CONFERRAL  OF TIDAL  WATER  RIGHTS  AND  THEIR  EXERCISE
Introductory
60 This Part of this co de makes provision about—
(a) the conferral of tidal water rights, and
(b) the exercise of tidal water rights.
Tidal water or lands
61 In this Part of this code “t idal water or lands” includes—
(a) any estuary or branch of the sea,
(b) the shore below mean high water springs, and
(c) the bed of any tidal water.
Conferral of tidal water rights
62 (1) An operator may exercise a ti dal water right for the statutory
purposes.
(2) But that is subject to the follow ing provisions of this Part of this
code.
The tidal water rights
63 (1) For the purposes of this code a “tidal water right”, in relation to an
operator, is—
(a) a right to install and ke ep electronic communications
apparatus on, under or over tidal water or lands;
(b) a right to inspect, maintain, adjust, alter, repair, upgrade or
operate electronic communicat ions apparatus on, under or
over the tidal water or lands;
(c) a right to carry out any work s on, under or over any tidal
water or lands for or in connection with the exercise of aright under paragraph (a) or (b);
(d) a right to enter any tidal water or lands to inspect,
maintain, adjust, alter, repair, upgrade or operateelectronic communications appa ratus which is installed or
kept by the exercise of th e right under paragraph (a).
(2) The works that may be carried out under sub-paragraph (1)(c)
include placing a buoy or seamark.
Exercise of tidal water right: Crown land
64 (1) An operator may not exercise a ti dal water right in relation to land
in which a Crown interest subs ists unless agreement to the
exercise of the right in relation  to the land has been given in
respect of that interest by the appropriate authority in accordance
with paragraph 104.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code167
(2) Where, in connection with an  agreement between the operator
and the appropriate authority for th e exercise of such a right, the
operator and the appropriate authority cannot agree theconsideration to be paid by the operator, the operator or theappropriate authority may apply to the appointed valuer for a
determination of the market value of the right.
(3) An application under sub-paragraph (2) must be made in writing
and must include—
(a) the proposed terms of the agreement, and
(b) the reasoned evidence of the operator and of the
appropriate authority as to th e market value of the right.
(4) As soon as reasonably practicable after receiving such an
application, the appointed valuer must—
(a) determine the market value of the tidal water right; and
(b) notify the operator and the appropriate authority in
writing of its determination and the reasons for it.
(5) If the agreement mentioned in sub-paragraph (2) or an agreement
in substantially the same terms is concluded following adetermination under sub-paragraph (4), the consideration payable
by the operator must not be more than the market value notifiedunder sub-paragraph (4)(b).
(6) For this purpose the market valu e of a tidal water right is, subject
to sub-paragraph (7), the amount t hat, at the date the market value
is assessed, a willing buyer wo uld pay a willing seller for the
right—
(a) in a transaction at arm’s length,
(b) on the basis that the buyer and seller were acting
prudently and with full knowle dge of the transaction, and
(c) on the basis that the transaction was subject to the
proposed terms set out in the application.
(7) The market value must be assessed on these assumptions—
(a) that the right that the transa ction relates to does not relate
to the provision or use of an electronic communications
network;
(b) that the right in all other respects corresponds to the tidal
water right;
(c) that there is more than one site which the buyer could use
for the purpose for which the buyer seeks the right.
(8) The appointed valuer may ch arge a fee in respect of the
consideration of an application under sub-paragraph (4) and mayapportion the fee between the operator and the appropriate
authority as the appointed valuer considers appropriate.
(9) In this paragraph “the  appointed valuer” means—
(a) such person as the operator  and the appropriate authority
may agree;
(b) if no person is agreed, such person as may be nominated,
on the application of the op erator or the appropriateDigital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code168
authority, by the President of the Royal Institution of
Chartered Surveyors.
PART 10
UNDERTAKER ’S WORKS  AFFECTING  ELECTRONIC  COMMUNICATIONS  APPARATUS
Introductory
65 This Part of this code makes provision about the carrying out of
undertaker’s works by undertakers or operators.
Key definitions
66 (1) In this Part of this code—
“undertaker” means a person (i ncluding a local authority) of
a description set out in any of the entries in the first column
of the following table;
“undertaker’s works”, in relati on to an undertaker of a
description set out in a partic ular entry in the first column
of the table, means works of the description set out in the
corresponding entry in the second column of the table.
(2) In this Part of this code—
(a) a reference to undertaker’s  works which interfere with a
network is a reference to any undertaker’s works whichinvolve, or are likely to involve, an alteration of anyelectronic communications apparatus kept on, under orover any land for the purposes  of an operator’s network;
(b) a reference to an alteration of any electronic
communications apparatus is a reference to a temporary orpermanent alteration  of the apparatus.“undertaker” “undertaker’s works”
A person authorised by any
enactment (whether publicgeneral or local) or by any order orscheme made under or confirmedby any enactment to carry on anyrailway, tramway, road transport,water transport, canal, inlandnavigation, dock, harbour, pier orlighthouse undertakingWorks that the undertaker is
authorised to carry out for thepurposes of, or in connection with,the undertaking which it carrieson
A person (apart from the operator)
to whom this code is applied by adirection under section 106 of theCommunications Act 2003Works that the undertaker is
authorised to carry out by or inaccordance with any provision ofthis code
Any person to whom this Part of
this code is applied by anyenactment (whenever passed ormade)Works for the purposes of which
this paragraph is applied to theundertakerDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code169
When can an undertaker carry out no n-emergency undertaker’s works?
67 (1) Before carrying out non-emergency undertaker’s works which
interfere with a network, an un dertaker must give the operator
notice of the intention to carry out the works (“notice of proposedworks”).
(2) Notice of proposed works must specify—
(a) the nature of the prop osed undertaker’s works,
(b) the alteration of the elec tronic communica tions apparatus
which the works involve or ar e likely to involve, and
(c) the time and place at which the works will begin.
(3) The undertaker must not begin the proposed undertaker’s works
(including the proposed alterati on of electronic communications
apparatus) until the notice period has ended.
(4) But the undertaker’s power to  alter electronic communications
apparatus (in carrying out the pr oposed undertaker’s works) is
subject to paragraph 68.
(5) In this paragraph—
“non-emergency undertaker’s works” means any
undertaker’s works which ar e not emergency works under
paragraph 71;
“notice period” means the peri od of 10 days beginning with
the day on which notice of  proposed works is given.
What is the effect of the operator gi ving counter-notice to the undertaker?
68 (1) This paragraph applies if an undertaker gives an operator notice
of proposed works under paragraph 67.
(2) The operator may, within the notice period, give the undertaker
notice (“counter-notice”) stating either—
(a) that the operator requires the undertaker to make any
alteration of the electronic communications apparatus that
is necessary or expedien t because of the proposed
undertaker’s works—
(i) under the supervision of the operator, and
(ii) to the satisfaction of the operator; or
(b) that the operator intends to  make any alteration of the
electronic communications apparatus that is necessary orexpedient because of the proposed undertaker’s works.
(3) In a case where counter-notice  contains a statement under sub-
paragraph (2)(a), the undertaker must act in accordance with thecounter-notice when altering  electronic communications
apparatus (in carrying out the proposed undertaker’s works).
(4) But, if the operator unreasonab ly fails to provide the required
supervision, the undertaker must act in accordance with thecounter-notice only inso far as it requires alte rations to be made to
the satisfaction of the operator.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code170
(5) In a case where counter-notice  contains a statement under sub-
paragraph (2)(b) (operator intend s to make alteration), the
undertaker must not alter elec tronic communications apparatus
(in carrying out the propos ed undertaker’s works).
(6) But that does not prevent the undertaker from making any
alteration of electronic communications apparatus which the
operator fails to make wi thin a reasonable time.
(7) Expressions defined in paragraph 67 have the same meanings in
this paragraph.
What expenses must the undertaker pay?
69 (1) This paragraph applies if an undertaker carries out any non-
emergency undertaker’s works in  accordance with paragraph 67
(including in a case where counter-notice is given underparagraph 68).
(2) The undertaker must pay the operator the amount of any loss or
damage sustained by the operator in consequence of anyalteration being made to electronic communications apparatus (incarrying out the works).
(3) The undertaker must pay the op erator any expenses incurred by
the operator in, or in connection  with, supervisin g the undertaker
when altering electr onic communications apparatus (in carrying
out the works).
(4) Any amount which is not paid in accordance with this paragraph
is to be recoverable by the oper ator from the undertaker in any
court of competent jurisdiction.
When can the operator alter apparatus in co nnection with non-em ergency undertaker’s 
works?
70 (1) An operator may make an altera tion of electron ic communications
apparatus if—
(a) notice of proposed works has been given,
(b) the notice period has ended, and
(c) counter-notice has been given which states (in accordance
with paragraph 68(2)(b)) that the operator intends to make
the alteration.
(2) If the operator makes any alte ration in accordance with this
paragraph, the undertaker  must pay the operator—
(a) any expenses incurred by the operator in, or in connection
with, making the alteration; and
(b) the amount of any loss or damage sustained by the
operator in consequence of the alteration being made.
(3) Any amount which is not paid in accordance with sub-paragraph
(2) is to be recoverable by the op erator from the undertaker in any
court of competent jurisdiction.
(4) Expressions defined in paragraph 67 have the same meanings in
this paragraph.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code171
When can an undertaker carry out emergency undertaker’s works?
71 (1) An undertaker may, in carr ying out emergency undertaker’s
works, make an alteration of any electronic communicationsapparatus kept on, unde r or over any land for the purposes of an
operator’s network.
(2) The undertaker must give the operator notice of the emergency
undertaker’s works as soon as practicable after beginning them.
(3) This paragraph does not authorise the undertaker to make an
alteration of apparatus after any failure by the undertaker to givenotice in accordance with sub-paragraph (2).
(4) The undertaker must make the alte ration to the satisfaction of the
operator.
(5) If the undertaker makes any alteration in accordance with this
paragraph, the undertaker  must pay the operator—
(a) any expenses incurred by the operator in, or in connection
with, supervising the unde r t a k e r  w h e n  m a k i n g  t h e
alteration; and
(b) the amount of any loss or damage sustained by the
operator in consequence of the alteration being made.
(6) Any amount which is not paid in accordance with sub-paragraph
(5) is to be recoverable by the op erator from the undertaker in any
court of competent jurisdiction.
(7) In this paragraph “emergency undertaker’s works” means
undertaker’s works carried out in order to stop anything already
occurring, or to prevent anything imminent from occurring, whichis likely to cause—
(a) danger to persons or property,
(b) interference with the exercise of any functions conferred or
imposed on the undertaker by  or under any enactment, or
(c) substantial loss to the undertaker,
and any other works which it is reasonable (in all the
circumstances) to carry out with those works.
Offence: undertakers who do not comply with this Part of this code
72 (1) An undertaker, or an agent of an undertaker, is guilty of an offence
if that person—
(a) makes an alteration of  electronic communications
apparatus in carrying out non-emergency undertaker’sworks, and
(b) does so—
( i ) w i t h o u t  n o t i c e  o f  p r o p o s e d  w o r k s  h a v i n g  b e e n
given in accordance with paragraph 67, or
(ii) (in a case where such notice is given) before the end
of the notice period under paragraph 67.
(2) An undertaker, or an agent of an undertaker, is guilty of an offence
if that person—Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code172
(a) makes an alteration of  electronic communications
apparatus in carrying out non-emergency undertaker’sworks, and
(b) unreasonably fails to comply with any reasonable
requirement of the operator under this Part of this codewhen doing so.
(3) An undertaker, or an agent of an undertaker, is guilty of an offence
if that person—
(a) makes an alteration of  electronic communications
apparatus in carrying out em ergency undertaker’s works,
and
(b) does so without notice of emergency undertaker’s works
having been given in accordance with paragraph 71.
( 4 ) A  p e r s o n  g u i l t y  o f  a n  o f f e n c e  u n d e r  t h i s  p a r a g r a p h  i s  l i a b l e  o n
summary conviction to— 
(a) a fine not exceeding level 4 on the standard scale, if the
service provided by the oper ator’s network is interrupted
by the works or failure, or
(b) a fine not exceeding level 3 on the standard scale, if that
service is not interrupted.
(5) This paragraph does not apply to a Northern Ireland department.
P
ART 11
OVERHEAD  APPARATUS
Introductory
73 This Part of this code—
(a) confers a power on operator s to install and keep certain
overhead apparatus, and
(b) imposes a duty on operators to affix notices to certain
overhead apparatus.
Power to fly lines
74 (1) This paragraph applies where any electronic communications
apparatus is kept on or over any land for the purposes of an
operator’s network.
(2) The operator has the right, for the statutory purposes, to install
and keep lines which—
(a) pass over other land adjacent to, or in the vicinity of, the
land on or over  which the apparatus is kept,
(b) are connected to that apparatus, and
(c) are not, at any point where they pass over the other land,
less than three metres abov e the ground or within two
metres of any building over which they pass.
(3) Sub-paragraph (2) does not auth orise the installation or keeping
on or over any land of—Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code173
(a) any electronic communicatio ns apparatus us ed to support,
carry or suspend a line installed under sub-paragraph (2),or
(b) any line which, as a result of its position, interferes with the
carrying on of any business carried on on that land.
(4) In this paragraph “business” includes a trade, profession or
employment and includes any acti vity carried on by a body of
persons (whether corpor ate or unincorporate).
Duty to attach notices to overhead apparatus
75 (1) This paragraph applies where—
(a) an operator has, for the purposes of the operator’s
network, installed any el ectronic communications
apparatus, and
(b) the whole or part of the apparatus is at a height of three
metres or more above the ground.
(2) The operator must, before the end of the period of three days
beginning with the day after that  on which the installation is
completed, in a secure and du rable manner attach a notice—
(a) to every major item of  apparatus installed, or
(b) if no major item of apparatus is installed, to the nearest
major item of electronic communications apparatus towhich the apparatus that is  installed is directly or
indirectly connected.
(3) A notice attached under sub-paragraph (2)—
(a) must be attached in a posi tion where it is reasonably
legible, and
(b) must give the name of the op erator and an address in the
United Kingdom at which any notice of objection may begiven under paragraph 77(5) in  respect of the apparatus in
question.
(4) Any person giving such a notice at that address in respect of that
apparatus is to be treated as having given that address for thepurposes of paragraph 91(2).
(5) An operator who breaches the re quirements of this paragraph is
guilty of an offence and liable on summary conviction to a fine not
exceeding level 2 on the standard scale.
(6) In any proceedings for an offenc e under this paragraph it is a
defence for the person charged to prove that the person took all
reasonable steps and exercise d all due diligence to avoid
committing the offence.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code174
PART 12
RIGHTS  TO OBJECT  TO CERTAIN  APPARATUS
Introductory
76 This Part of this code makes pr ovision conferring rights to object
to certain kinds of apparatu s, and makes provision about—
(a) the cases in which and persons by whom a right can be
exercised, and
(b) the power and procedures of  the court if an objection is
made.
When and by whom can a right to object be exercised?
77 (1) A right to object under this Part of this code is available where,
pursuant to the right in paragrap h 62, an operator keeps electronic
communications apparatus installed on, under or over tidal wateror lands within the meaning of Part 9 of this code.
(2) In that case a person has a right to object under this Part of this
code if the person—
(a) is an occupier of, or has an interest in, the tidal water or
lands,
(b) is not bound by a code right enabling the operator to keep
the apparatus installed on, unde r or over the tidal water or
lands, and 
(c) is not a person with the benefit of a Crown interest in the
tidal water or lands.
(3) A right to object under this Part of this code is available where an
operator keeps a line installed over  land pursuant to the right in
paragraph 74.
(4) In that case a person has a right to object under this Part of this
code if the person—
(a) is an occupier of, or has an interest in, the land, and 
(b) is not bound by a code right enabling the operator to keep
the apparatus installed over the land.
(5) A right to object under this Part  of this code is available where—
(a) electronic communications apparatus is kept on or over
land for the purposes of an operator’s network, and
(b) the whole or any part of that apparatus is at a height of
three metres or more above the ground.
(6) In that case a person has a right to object under this Part of this
code if—
(a) the person is an occupier of, or has an interest in, any
neighbouring land, and
(b) because of the nearness of the neighbouring land to the
land on or over  which the apparatus is kept—
(i) the enjoyment of the neighbouring land is capable
of being prejudiced by the apparatus, orDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code175
(ii) any interest in that land is capable of being
prejudiced by the apparatus.
(7) There is no right to object under this Part of this code in respect of
electronic communications apparatus if the apparatus—
(a) replaces any electronic co mmunications apparatus which
is not substantially different from the new apparatus, and
(b) is not in a significantly different position.
How may a right to object be exercised?
78 (1) A person with a right to object under this Part (“the objector”) may
exercise the right by giving a notice to the operator.
(2) The right to object that the person has, and the procedure that
applies to that right, depends on whether—
(a) the notice is given before the end of the period of 12
months beginning with the da te on which installation of
the apparatus was complete d (see paragraph 79), or
(b) the notice is given after the end of that period (see
paragraph 80).
What is the procedure if the objection is made within 12  months of installation?
79 (1) This paragraph applies if the notice is given before the end of the
period of 12 months beginning wi th the date on which installation
of the apparatus was completed.
(2) At any time after the end of th e period of two months beginning
with the date on which the notice  is given, but before the end of
the period of four months beginning with that date, the objectormay apply to the court to have the objection upheld.
(3) The court must uphold the objection if the following conditions
are met.
(4) The first condition is that the apparatus appears materially to
prejudice the objector’s enjoyment of, or interest in, the land byreference to which the objection is made.
(5) The second condition is that the court is not satisfied that the only
possible alterations of the apparatus will—
(a) substantially increase the cost or diminish the quality of
the service provided by the op erator’s network to persons
who have, or may in futu re have, access to it,
(b) involve the operator in subs tantial additional expenditure
(disregarding any expenditure caused solely by the fact
that any proposed alteration was not adopted originallyor, as the case may be, that the apparatus has beenunnecessarily installed), or
(c) give to any person a case at least as good as the objector has
to have an objection under this paragraph upheld.
(6) If the court upholds an objection under this paragraph it may by
order do any of the following—Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code176
(a) direct the alteration of the apparatus to which the objection
relates;
(b) authorise the installation (instead of the apparatus to
which the objection relates) , in a manner and position
specified in the order, of any apparatus specified in theorder;
(c) direct that no objection may be made under this paragraph
in respect of any apparatus the installation of which is
authorised by the court.
(7) Where an objector has both given a notice under paragraph 78 and
applied for compensation under any of the other provisions of this
code—
(a) the court may give such dire ctions as it thinks fit for
ensuring that no compensation is paid until anyproceedings under this paragr aph have been disposed of,
and
(b) if the court makes an order under this paragraph, it may
provide in that order for some  or all of the compensation
otherwise payable under this code to the objector not to beso payable, or, if the case so requires, for some or all of any
compensation paid under this code to the objector to berepaid to the operator.
(8) For the purposes of sub-paragr aph (5)(c), the court has the power
on an application under this paragraph to give the objector
directions for bringing the application to the notice of such otherinterested persons as it thinks fit.
(9) This paragraph is subject to paragraph 81.
What is the procedure if the objection is made later than 12 months after installation?
80 (1) This paragraph applies if the notice is given after the end of the
period of 12 months beginning wi th the date on which installation
of the apparatus was completed.
(2) At any time after the end of th e period of two months beginning
with the date on which the notice  is given, but before the end of
the period of four months beginning with that date, the objectormay apply to the court to have the objection upheld.
(3) The court may uphold the objectio n only if it is satisfied that—
(a) the alteration is necessary to enable the objector to carry
out a proposed improvement of  the land by reference to
which the objection is made, and
(b) the alteration will not subs tantially interfere with any
service which is or is likely to be provided using theoperator’s network.
(4) If the court upholds an objection under this paragraph it may by
order direct the alteration of th e apparatus to which the objection
relates.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code177
(5) An order under this paragraph may provide for the alteration to
be carried out with such modifica tions, on such terms and subject
to such conditions as  the court thinks fit.
(6) But the court must not include any such modifications, terms or
conditions in its order without the consent of the objector, and ifsuch consent is not given may refu se to make an order under this
paragraph.
(7) An order made under this pa ragraph must, unless the court
otherwise thinks fit, require the objector to reim burse the operator
in respect of any expenses whic h the operator incurs in or in
connection with the execution of  any works in compliance with
the order.
(8) This paragraph is subject to paragraph 81.(9) In this paragraph “improvement” includes development and
change of use.
What limitations are there on the court’s powers under paragraph 79 or 80?
81 (1) This paragraph applies where the court is considering making—
(a) an order under para graph 79 directing the alteration of any
apparatus or authorising the in stallation of any apparatus,
or
(b) an order under para graph 80 directing the alteration of any
apparatus.
(2) The court must not make the order unless it is satisfied—
(a) that the operator has all such rights as it appears to the
court appropriate that the op erator should have for the
purpose of making the alterati on or, as the case may be,
installing the apparatus, or
(b) that—
(i) the operator would have  all those rights if the
court, on an application under paragraph 20,imposed an agreement on the operator and anotherperson, and
(ii) it would be appropriate for the court, on such an
application, to impose such an agreement.
(3) For the purposes of avoiding the need for the agreement of any
person to the alteration or insta llation of any apparatus, the court
has the same powers as it would have if an application had beenduly made under paragraph 20 for an order imposing such an
agreement.
(4) For the purposes of this paragraph, the court has the power on an
application under paragraph 79 or 80 to give the objectordirections for bringing the application to the notice of such otherinterested persons as it thinks fit.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code178
PART 13
RIGHTS  TO LOP TREES
Rights to lop trees
82 (1) This paragraph applies where—
(a) a tree or other vegetation overhangs a street in England
and Wales or Northern Ireland or a road in Scotland, and
(b) the tree or vegetation—
(i) obstructs, or will or  may obstruct, relevant
electronic communications apparatus, or
(ii) interferes with, or will or may interfere with, such
apparatus.
(2) In sub-paragraph (1) “relevant electronic communications
apparatus” means electronic communications apparatus which—
(a) is installed, or about to be installed, on land, and
(b) is used, or to be used, for the purposes of an operator’s
network.
(3) The operator may, by notice to the occupier of th e land on which
the tree or vegetation is growing,  require the tree to be lopped or
the vegetation to be cut back to prevent the obstruction orinterference.
(4) If, within the period of 28 days  beginning with the day on which
the notice is given, the occupier gives the operator a counter-notice
objecting to the lopping of the tree or cutting back of the
vegetation, the notice has effect only if confirmed by an order of
the court.
(5) Sub-paragraph (6) applies if at any time a notice under sub-
paragraph (3) has not been complied with and—
(a) the period of 28 days begi nning with the day on which the
notice was given has expire d without a counter-notice
having been given, or
(b) an order of the court confirming the notice has come into
force.
(6) The operator may cause the tree to be lopped or the vegetation to
be cut back.
(7) Where the operator lops a tree or  cuts back vegetation in exercise
of the power in sub-paragraph (6) the operator must do so in ahusband-like manner and in such a way as to cause the minimumdamage to the tree or vegetation.
(8) Sub-paragraph (9) applies where—
(a) a notice under sub-paragraph (3) is complied with (either
without a counter-notice havi ng been given or after the
notice has been confirmed), or
(b) the operator exercises the power in sub-paragraph (6).
(9) The court must, on an application made by a person who has
sustained loss or damage in consequence of the lopping of the treeDigital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code179
or cutting back of the vegetation  or who has incurred expenses in
complying with the notice, order the operator to pay that person
such compensation in respect of the loss or damage as it thinks fit.
PART 14
COMPENSATION  UNDER  THE CODE
Introductory
83 This Part of this code makes provision about compensation under
this code.
Compensation where agreement imposed or apparatus removed
84 (1) This paragraph applies to the following powers of the court to
order an operator to pay compensation to a person—
(a) the power in paragraph 25 (1) (compensation where order
made imposing agr eement on person);
(b) the power in paragraph 44(5) (compensation in relation to
removal of the apparatus from the land).
(2) Depending on the circumstances,  the power of the court to order
the payment of compensation for loss or damage includes power
to order payment for—
(a) expenses (including reasonable legal and valuation
expenses, subject to the provis ions of any enactment about
the powers of the court by whom the order forcompensation is made to award costs or, in Scotland,expenses),
(b) diminution in the value of the land, and
(c) costs of reinstatement.
(3) For the purposes of assessing such compensation for diminution
in the value of land, the followi ng provisions apply with any
necessary modifications as th ey apply for the purposes of
assessing compensation for the compulsory purchase of anyinterest in land—
(a) in relation to England and Wales, rules (2) to (4) set out in
section 5 of the Land Compensation Act 1961;
(b) in relation to Scotland, rules (2) to (4) set out in section 12
of the Land Compensation (Scotland) Act 1963;
(c) in relation to Northern Irel and, rules (2) to (4) set out in
Article 6(1) of the Land Co mpensation (Nor thern Ireland)
Order 1982 (SI 1982/712 (NI 9)).
(4) In the application of this paragr aph to England and Wales, section
10(1) to (3) of the Land Compensation Act 1973 (compensation inrespect of mortgages, trusts of land and settled land) applies inrelation to such compensation fo r diminution in the value of land
as it applies in relation to comp ensation under Part 1 of that Act.
(5) In the application of this paragraph to Scotland, section 10(1) and
(2) of the Land Compensation (Scotland) Act 1973 (compensationin respect of restricted interests in  land) applies in relation to suchDigital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code180
compensation for diminution in th e value of land as it applies in
relation to compensation under Part 1 of that Act.
(6) In the application of this paragr aph to Northern Ireland, Article
13(1) to (3) of the Land Acquis ition and Compensation (Northern
Ireland) Order 1973 (SI 1973/1896 (NI 21)) (compensation inrespect of mortgages, trusts for sale and settlements) applies inrelation to such compensation fo r diminution in the value of land
as it applies in relation to co mpensation under Part II of that
Order.
(7) Where a person has a claim for compensation to which this
paragraph applies and a claim for compensation under any otherprovision of this code in re spect of the same loss, the
compensation payable to that pe rson must not exceed the amount
of that person’s loss.
Compensation for injurious affect ion to neighbouring land etc
85 (1) This paragraph applies where a right conferred by or in
accordance with any provision of Parts 2 to 9 of this code isexercised by an operator.
(2) In the application of this paragraph to England and Wales,
compensation is payable by the op erator under section 10 of the
Compulsory Purchase Act 1965 (compensation for injuriousaffection to neighbouring land) as if that section applied in relationto injury caused by th e exercise of such a right as it applies in
relation to injury caused by the execution of works on land thathas been compulsorily acquired.
(3) In the application of this para graph to Scotland, compensation is
payable by the operator under section 6 of the Railway ClausesConsolidation (Scotland) Act 1845 as if that section applied inrelation to injury caused by the exercise of such a right as it appliesin relation to injury caused by the execution of works on land that
has been taken or used for the purpose of a railway.
(4) Any question as to a person’s  entitlement to compensation by
virtue of sub-paragraph (3), or as to the amount of that
compensation, is, in default of agre ement, to be determined by the
Lands Tribunal for Scotland.
(5) In the application of this paragraph to Northern Ireland,
compensation is payable by the op erator under Article 18 of the
Land Compensation (Northern Ireland) Order 1982 (SI 1982/712(NI 9)) as if that section applied in  relation to injury caused by the
exercise of such a right as it app lies in relation to injury caused by
the execution of works on land that has been compulsorilyacquired.
(6) Any question as to a person’s  entitlement to compensation by
virtue of sub-paragraph (5), or as to the amount of that
compensation, is, in default of agre ement, to be determined by the
Lands Tribunal for Northern Ireland.
(7) Compensation is payable on a claim for compensation under this
paragraph only if the amount of  the compensati on exceeds £50.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code181
(8) Compensation is payable to a person under this paragraph
irrespective of whether the person  claiming the compensation has
any interest in the land in relation  to which the right referred to in
sub-paragraph (1) is exercised.
(9) Compensation under this paragraph may include reasonable legal
and valuation expenses, subject to the provisions of  any enactment
about the powers of the court or tribunal by whom an order forcompensation is made to award costs or, in Scotland, expenses.
No other compensation available
86 Except as provided by any provision of Parts 2 to 13 of this code or
this Part, an operator is not liable to compensate any person for,and is not subject to any other liability in respect of, any loss ordamage caused by the lawful exercise of any right conferred by orin accordance with any provision of those Parts.
P
ART 15
NOTICES  UNDER  THE CODE
Introductory
87 This Part makes provision—
(a) about requirements for the form of notices given under this
code by operators,
(b) about requirements for the form of notices given under this
code by persons other than operators, and
(c) about procedures for giving notices.
Notices given by operators
88 (1) A notice given under this code by an operator must—
(a) explain the effect of the notice,
(b) explain which provisions of this code are relevant to the
notice, and
(c) explain the steps that may be taken by the recipient in
respect of the notice.
(2) If OFCOM have prescribed the form of a notice which may or must
be given by an operator under a provision of this code, a noticegiven by an operator under that provision must be in that form.
(3) A notice which does not comply with this paragraph is not a valid
notice for the purposes of this code.
(4) Sub-paragraph (3) does not prev ent the person to whom the notice
is given from relying on the notice  if the person chooses to do so.
(5) In any proceedings under this co de a certificate issued by OFCOM
stating that a particular form of notice has been prescribed bythem as mentioned in this paragrap h is conclusive evidence of that
fact.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code182
Notices given by others
89 (1) Sub-paragraph (2) applies to a notice given under paragraph 31(1), 
33(1), 39(1) or 40(2) by a pe rson other than an operator.
(2) If OFCOM have prescribed the fo rm of a notice given under the
provision in question by a pers on other than an operator, the
notice must be in that form.
(3) A notice which does not comply with sub-paragraph (2) is not a
valid notice for the pu rposes of this code.
(4) Sub-paragraph (3) does not pr event the operator to whom the
notice is given from relying on th e notice if the operator chooses to
do so.
(5) Sub-paragraph (6) applies to a notice given under any other
provision of this code by a pers on other than an operator if—
(a) OFCOM have prescribed the fo rm of a notice given under
that provision by a person other than an operator,
(b) the notice is given in response to a notice given by an
operator, and
(c) the operator has, in giving the notice, drawn the person’s
attention to the form prescribed by OFCOM.
(6) The notice is a valid notice for the purposes of this code, but the
person giving the notice must bear any costs incurred by theoperator as a result of the notice not being in that form.
(7) In any proceedings under this co de a certificate issued by OFCOM
stating that a particular form of notice has been prescribed bythem as mentioned in this paragrap h is conclusive evidence of that
fact.
Prescription of notices by OFCOM
90 (1) OFCOM must prescribe the form  of a notice to be given under
each provision of this code that  requires a notice to be given.
(2) OFCOM may from time to time amend or replace a form
prescribed under sub-paragraph (1).
(3) Before prescribing a form for the purposes of this code, OFCOM
must consult operators and such other persons as OFCOM thinkappropriate.
(4) Sub-paragraph (3) does no t apply to the amendment or
replacement of a form prescr ibed under sub-paragraph (1).
Procedures for giving notice 
91 (1) A notice given under this code must not be sent by post unless it
is sent by a registered post service or by recorded delivery.
(2) For the purposes, in the case of a notice under this code, of section
394 of this Act (service of notifications and other documents) and
section 7 of the Interpretation Ac t 1978 (references to service by
post), the proper address of a person (“P”) is—Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code183
(a) if P has given the person giving the notice an address for
service under this code, that address, and
(b) otherwise, the address given by section 394.
(3) Sub-paragraph (4) app lies if it is not practi cable, for the purposes
of giving a notice under this code, to find out after reasonableenquiries the name and address of a person who is the occupier ofland for the purposes of this code.
(4) A notice may be given under this code to the occupier —
(a) by addressing it to a person by the description of
“occupier” of the land (and describing the land), and
(b) by delivering it to a person who is on the land or, if there is
n o  p e r s o n  o n  t h e  l a n d  t o  w h o m  i t  c a n  b e  d e l i v e r e d ,  b yaffixing it, or a copy of it, to a conspicuous object on theland.
(5) Sub-paragraph (6) app lies if it is not practi cable, for the purposes
of giving a notice under this code, to find out after reasonableenquiries the name and address of the owner of an interest in land.
(6) A notice may be given under this code to the owner—
(a) by addressing it to a person by the description of “owner”
of the interest (and describi ng the interest and the land),
and
(b) by delivering it to a person who is on the land or, if there is
n o  p e r s o n  o n  t h e  l a n d  t o  w h o m  i t  c a n  b e  d e l i v e r e d ,  b yaffixing it, or a copy of it, to a conspicuous object on theland.
P
ART 16
ENFORCEMENT  AND  DISPUTE  RESOLUTION
Introductory
92 This Part of this co de makes provision about—
(a) the court or tribunal by which agreements and rights
under this code may be enforced,
(b) the meaning of references to  “the court” in this code, and
(c) the power of the Secretary of State by regulations to confer
jurisdiction under this code on other tribunals.
Enforcement of agreements and rights
93 An agreement under this code, and any right conferred by this
code, may be enforced—
(a) in the case of an agreement imposed by a court or tribunal,
by the court or tribunal which imposed the agreement,
(b) in the case of any agreement or right, by any court or
tribunal which for the time being has the power to imposean agreement under this code, or
(c) in the case of any agreement or right, by any court of
competent jurisdiction.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code184
Meaning of “the court”
94 (1) In this code “the court” means—
(a) in relation to England and Wales, the county court,
(b) in relation to Scotland, the sheriff court, and
(c) in relation to Northern Ireland, a county court.
(2) Sub-paragraph (1) is  subject to provision made by regulations
under paragraph 95.
Power to confer jurisdiction on other tribunals
95 (1) The Secretary of State may by regulations provide for a function
conferred by this code on the court to be exercisable by any of thefollowing—
(a) in relation to England,  the First-tier Tribunal;
(b) in relation to England an d Wales, the U pper Tribunal;
(c) in relation to Scotland, the Lands Tribunal for Scotland;
(d) in relation to Northern Ireland, the Lands Tribunal for
Northern Ireland.
(2) Regulations under sub-paragrap h (1) may make provision for the
function to be exercisable by a tribunal to which the regulations
apply—
(a) instead of by the court, or
(b) as well as by the court.
(3) The Secretary of State may by regulations make provision—
(a) requiring proceedings to which regulations under sub-
paragraph (1) apply to be commenced in the court or in atribunal to which the regulations apply;
(b) enabling the court or such a tribunal to transfer such
proceedings to a tribunal whic h has jurisdiction in relation
to them by virtue of such regulations or to the court.
(4) The power in section 402(3 )(c) for regulations under sub-
paragraph (1) or (3) to make consequential provision includes
power to make provision which amends, repeals or revokes or
otherwise modifies the application of any enactment.
(5) Before making regulations unde r sub-paragraph (1) or (3) the
Secretary of State must—
(a) so far as the regulations re late to Scotland, consult the
Scottish Ministers;
(b) so far as the regulations relate  to Northern Ireland, consult
the Department of Justice in Northern Ireland.
Award of costs by tribunal
96 (1) Where in any proceedings a tribunal exercises functions by virtue
of regulations under paragraph 95(1 ), it may make such order as it
thinks fit as to costs, or, in Scotland, expenses.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code185
(2) The matters a tribunal must have regard to in making such an
order include in particular th e extent to which any party is
successful in the proceedings.
Applications to the court
97 Regulation 3 of the Electron ic Communications and Wireless
Telegraphy Regulations 2011 (S I 2011/1210) makes provision
about the time within which cert ain applications to the court
under this code must be determined.
Appeals in Northern Ireland
98 Article 60 of the County Courts (Northern Ireland) Order 1980
(ordinary appeals from the county co urt in civil cases) is to apply
in relation to any determination of the court in Northern Ireland
under this code in the same manner as it applies in relation to any
decree of the court made in th e exercise of the jurisdiction
conferred by Part 3 of that Order.
PART 17
SUPPLEMENTARY  PROVISIONS
Relationship between this  code and existing law
99 (1) This code does not authorise the contravention of any provision of
an enactment passed or made before  the coming into force of this
code.
(2) Sub-paragraph (1) does not appl y if and to the extent that an
enactment makes provis ion to the contrary.
Relationship between this code and agreements with operators
100 (1) This code does not affect any rights or liabilities arising under an
agreement to which an operator is a party.
(2) Sub-paragraph (1) does not appl y in relation to paragraph 99 or
Parts 3 to 6 of this code.
Ownership of property
101 The ownership of property does not change merely because the
property is installed on or under,  or affixed to, any land by any
person in exercise of a right conferred by or in accordance withthis code.
Conduits
102 (1) This code does not authorise an operator to do anything inside a
relevant conduit without the agreement of the authority withcontrol of the conduit.
(2) The agreement of the authority with control of a public sewer is
sufficient in all cases to authorise an  operator to exercise any of theDigital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code186
rights under this code in order to  do anything wholly inside that
sewer.
(3) In this paragraph the follow ing expressions have the same
meanings as in section 98 of the Telecommunications Act 1984—
(a) “public sewer” and “relevant conduit”;
(b) references to the authority with control of a relevant
conduit.
Duties for OFCOM to prepare codes of practice
103 (1) OFCOM must prepare and publish a code of practice dealing
with—
(a) the provision of information for the purposes of this code
by operators to persons who oc cupy or have an interest in
land;
(b) the conduct of negotiations for the purposes of this code
between operators and such persons;
(c) the conduct of operators in relation to persons who occupy
or have an interest in land adjoining land on, under or over
which electronic communicati ons apparatus is installed;
(d) such other matters relating to the operation of this code as
OFCOM think appropriate.
(2) OFCOM must prepare and publish standard terms which may
(but need not) be used in agreements under this code.
(3) OFCOM may from time to time—
(a) amend or replace a code of practice or standard terms
published under this paragraph;
(b) publish the code or terms as  amended or (as the case may
be) the replacement code or terms.
(4) Before publishing a code of prac tice or standard terms under this
paragraph, OFCOM must consult operators and such otherpersons as OFCOM think appropriate.
(5) Sub-paragraph (4) does not apply to—
(a) the publication of amendments to a code of practice or
standard terms, or
(b) the publication of a replacement code or replacement
terms.
Application of this code to the Crown
104 (1) This code applies in relation to  land in which there subsists, or at
any material time subsisted, a Crown interest as it applies in
relation to land in which no such interest subsists.
(2) In this code “Crown interest” means—
(a) an interest which belongs to Her Majesty in right of the
Crown,
(b) an interest which belongs to Her Majesty in right of the
Duchy of Lancaster,
(c) an interest which belongs to the Duchy of Cornwall,Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code187
(d) an interest which belongs to a government department or
which is held in trust for Her Majesty for the purposes of a
government department, or
(e) an interest which belongs to an office-holder in the Scottish
Administration or which is he ld in trust for Her Majesty
for the purposes of the Scotti sh Administration by such an
office-holder.
(3) This includes, in particular—
(a) an interest which belongs to  Her Majesty in right of Her
Majesty’s Government in Northern Ireland, and
(b) an interest which belongs to a Northern Ireland
department or which is held in  trust for Her Majesty for the
purposes of a Northern  Ireland department.
(4) Where an agreement is required by  this code to be given in respect
of any Crown interest subsisting in any la nd, the agreement must
be given by the appropriate authority.
(5) Where a notice under this code is  required to be given in relation
to land in which a Crown intere st subsists, the notice must be
given by or to the appropriate au thority (as the case may require).
(6) In this paragraph “the appropriate authority” means—
(a) in the case of land belonging to Her Majesty in right of the
Crown, the Crown Estate Commissioners or the relevantperson or, as the case may be, the government department
or office-holder in the Scotti sh Administration having the
management of the land in question;
(b) in the case of land belonging to Her Majesty in right of the
Duchy of Lancaster, the Chancellor of the Duchy of
Lancaster;
(c) in the case of land belong ing to the Duchy of Cornwall,
such person as the Duke of Cornwall, or the possessor forthe time being of the Duch y of Cornwall, appoints;
(d) in the case of land belongin g to an office-holder in the
Scottish Administration or held in trust for Her Majesty bysuch an office-holder for th e purposes of the Scottish
Administration, the office-holder;
(e) in the case of land belonging to Her Majesty in right of Her
Majesty’s Government in Nort hern Ireland, the Northern
Ireland department having th e management of the land in
question;
(f) in the case of land belonging to a government department
or a Northern Ireland department or held in trust for HerMajesty for the purposes of a government department or a
Northern Ireland department, that department.
(7) In sub-paragraph (6)(a ) “relevant person”, in relation to land to
which section 90B(5) of the Scotland Act 1998 applies, means theperson having the management of that land.
(8) Any question as to the authority that is the appropriate authority
in relation to any land is to be  referred to the Treasury, whose
decision is final.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code188
(9) Paragraphs 55 (offence in relation to transport land rights) and
75(5) (offence in relation to notice s on overhead apparatus) do not
apply where this code applies in th e case of the Secretary of State
or a Northern Ireland department by virtue of section 106(3)(b).
(10) References in this paragraph to an office-holder in the Scottish
Administration are to be construed in accordance with section126(7) of the Scotland Act 1998.
Meaning of “occupier”
105 (1) References in this code to an occupier of land are to the occupier
of the land for the time being.
(2) References in this code to an o ccupier of land, in relation to a
footpath or bridleway that crosses and forms part of agricultural
land, are to the occupier of that agricultural land.
(3) Sub-paragraph (4) applies in  relation to land which is—
(a) a street in England and Wales or Northern Ireland, other
than a footpath or bridleway within sub-paragraph (2), or 
(b) a road in Scotland, other than such a footpath or
bridleway.
(4) References in this code to an occupier of land—
(a) in relation to such a street in England and Wales, are to the
street managers within the meaning of Part 3 of the NewRoads and Street Works Act 1991,
(b) in relation to such a street in Northern Ireland, are to the
street managers within the me aning of the Street Works
(Northern Ireland) Order 1995 (SI 1995/3210 (NI 19)), and
(c) in relation to such a road in Scotland, are to the road
managers within the meaning of Part 4 of the New Roadsand Street Works Act 1991.
(5) Sub-paragraph (6) applies in relation to land which—
(a) is unoccupied, and
(b) is not a street in England and Wales or Northern Ireland or
a road in Scotland.
(6) References in this code to an oc cupier of land, in relation to land
within sub-paragraph (5), are to—
(a) the person (if any) who for the time being exercises powers
of management or control over the land, or
(b) if there is no person within  paragraph (a), to every person
whose interest in the land would be prejudicially affectedby the exercise of a code ri ght in relation to the land.
(7) In this paragraph—
(a) “agricultural land” includes  land which is being brought
into use for agriculture, and
(b) references in relation to England and Wales to a footpath
or bridleway include a restricted byway.Digital Economy Act 2017 (c. 30)
Schedule 1 — The electron ic communications code189
Lands Tribunal for Scot land procedure rules
106 The power to make rules under section 3(6) of the Lands Tribunal
Act 1949 (Lands Tribunal for Scotland procedure rules) for thepurposes of this code or regulati ons made under it is exercisable
by the Scottish Ministers instead of by the Secretary of State (andany reference there to the approval of the Treasury does notapply).
Arbitrations in Scotland
107 Until the Arbitration (Scotland) Act 2010 is in force in relation to
any arbitrations carried out under or by virtue of this code, that
Act applies as if it were in force in relation to those arbitrations.
General interpretation
108 (1) In this code—
“agriculture” and “agricultural”—
(a) in relation to England and Wales, have the same
meanings as in the Highways Act 1980,
(b) in relation to Scotland, ha ve the same meanings as in
the Town and Country Planning (Scotland) Act 1997,and
(c) in relation to Northern Ireland, have the same
meanings as in the Agriculture Act (NorthernIreland) 1949;
“bridleway” and “footpath”—
(a) in relation to England and Wales, have the same
meanings as in the Highways Act 1980,
(b) in relation to Scotland, have the same meanings as
Part 3 of the Countryside (Scotland) Act 1967, and
(c) in relation to Northern Ireland, mean a way over
which the public have, by vi rtue of the Access to the
Countryside (Northern Irel and) Order 1983 (SI 1983/
1895 (NI 18)), a right of way (respectively) onhorseback and on foot;
“code agreement” has the mean ing given by paragraph 29(5);
“Crown interest” has the mean ing given by paragraph 104(2)
and (3);
“enactment” includes—
(a) an enactment comprised in subordinate legislation
within the meaning of the Interpretation Act 1978,
(b) an enactment comprised in, or in an instrument made
under, a Measure or Act of the National Assembly forWales,
(c) an enactment comprised in, or in an instrument made
under, an Act of the Scottish Parliament, and
(d) an enactment comprised in, or in an instrument made
under, Northern Ireland legislation;
“land” does not include el ectronic communications
apparatus;Digital Economy Act 2017 (c. 30)
Schedule 1 — The electronic communications code190
“landowner” has the meaning given by paragraph 37(1);
“lease” includes—
(a) in relation to Englan d and Wales and Northern
Ireland, any leasehold tena ncy (whether in the nature
of a head lease, sub-lease or underlease) and anyagreement to grant such a tenancy but not a mortgageby demise or sub-demise, and
(b) in relation to Scotland, any sub-lease and any
agreement to grant a sub-lease,
and “lessee” is to be  construed accordingly;
“relevant person” has the meaning given by paragraph 20(1);
“restricted byway” has the same meaning as in Part 2 of the
Countryside and Rights of Way Act 2000;
“road”—
(a) in relation to Scotland, has the same meaning as in
Part 4 of the New Roads and Street Works Act 1991;
(b) in relation to Northern Ireland, has the same meaning
as in the Roads (Northern Ireland) Order 1993 (SI
1993/3160 (NI 15));
“site provider” has the meaning given by paragraph 30(1);
“street”—
(a) in relation to England and Wales, has the same
meaning as in Part 3 of the New Roads and StreetWorks Act 1991, and
(b) in relation to Northern Ireland, has the same meaning
as in the Street Works (Northern Ireland) Order 1995(SI 1995/3210 (NI 19)).
(2) In this code, referenc es to the alteration of  any apparatus include
references to the moving, re moval or replacement of the
apparatus.”
SCHEDULE 2
Section 4
THE ELECTRONIC  COMMUNICATIONS  CODE : TRANSITIONAL  PROVISION
Interpretation
1 (1) This paragraph has effect for the purposes of this Schedule.
(2) The “existing code” means Schedule 2 to the Telecommunications Act 1984.
(3) The “new code” means Schedule 3A to the Communications Act 2003.
(4) A “subsisting agreement” means—
(a) an agreement for the purposes of paragraph 2 or 3 of the existing
code, or
(b) an order under paragraph 5 of the existing code,
which is in force, as between an operator and any person, at the time the new
code comes into force (and  whose terms do not provide for it to cease to have
effect at that time).Digital Economy Act 2017 (c. 30)
Schedule 2 — The electronic communic ations code: transitional provision191
(5) Expressions used in this Schedule and in the new code have the same
meaning as in the new code, subject to any modification made by this
Schedule.
Effect of subsisting agreement
2 (1) A subsisting agreement has effect after the new code comes into force as an
agreement under Part 2 of the new code  between the same parties, subject to
the modifications made  by this Schedule.
(2) A person who is bound by a right by virtue of paragraph 2(4) of the existing
code in consequence of a subsisting agreement is, after the new code comesinto force, treated as bound pursuant to Part 2 of the new code.
Limitation of code rights
3 In relation to a subsisting agreement,  references in the new code to a code
right are—
(a) in relation to the operator and the land to which an agreement for the
purposes of paragraph 2 of the existi ng code relates, references to a
right for the statutory purposes to do the things listed in paragraph
2(1)(a) to (c) of the existing code;
(b) in relation to land to which an agreement for the purposes of
paragraph 3 of the existing code relates, a right to do the things
mentioned in that paragraph.
Limitation of persons bound
4 ( 1 ) A  p e r s o n  b o u n d  b y  a  c o d e  r i g h t  b y  v i r t u e  o n l y  o f  p a r a g r a p h  2 ( 3 )  o f  t h e
existing code continues to be bound by it so long as they would be bound ifparagraph 2(3) of the existing code continued to have effect.
(2) In relation to such a person, paragr aph 4(4) to (12) of the existing code
continue to have effect, but as if in paragraph 4(4)(b) the reference to
paragraph 21 of the existing code were a reference to Part 6 of the new code.
Exclusion of assignment, upgr ading and sharing provisions
5 (1) Part 3 of the new code (assignment of code rights, and upgrading and
sharing of apparatus) does not apply in  relation to a subsisting agreement.
(2) Part 3 of the new code does not apply in relation to a code right conferred
under the new code if, at the time when it is conferred, the exercise of theright depends on a right that has e ffect under a subsisting agreement.
Termination and modification of agreements
6 (1) This paragraph applies in relation to a subsisting agreement, in place of
paragraph 29(2) to (4) of the new code.
(2) Part 5 of the new code (termination  and modification of agreements) does
not apply to a subsisting agreement that is a lease of land in England andWales, if—
(a) it is a lease to which Part 2 of the Landlord and Tenant Act 1954
applies, andDigital Economy Act 2017 (c. 30)
Schedule 2 — The electronic communic ations code: transitional provision192
(b) there is no agreement under section 38A of that Act (agreements to
exclude provisions of Part 2) in relation the tenancy.
(3) Part 5 of the new code does not apply to a subsisting agreement that is a lease
of land in England and Wales, if—
(a) the primary purpose of the lease is not to grant code rights (the rights
referred to in paragraph 3 of this Schedule), and
(b) there is an agreement under sect ion 38A of the 1954 Act in relation
the tenancy.
(4) Part 5 of the new code does not apply to a subsisting agreement that is a lease
of land in Northern Ireland, if it is  a lease to which the Business Tenancies
(Northern Ireland) Order 1996 (SI 1996/725 (NI 5)) applies.
7 (1) Subject to paragraph 6, Part 5 of the new code applies to a subsisting
agreement with the following modifications.
(2) The “site provider” (see paragraph 30(1 )(a) of the new code) does not include
a person who was under the existing code bound by the agreement only by
virtue of paragraph 2(2)(c) of that code.
(3) Where the unexpired term of the subsisting agreement at the coming into
force of the new code is less than 18 months, paragraph 31 applies (withnecessary modification) as if for the period of 18 months referred to in sub-paragraph (3)(a) there were substituted a period equal to the unexpired termor 3 months, whichever is greater.
(4) Paragraph 34 applies with the omission of sub-paragraph (13)(d).
Apparatus, works etc
8 (1) Paragraphs 9 to 14 of the existing code (rights in relation to street works,
flying lines, tidal waters, linear obstac les) continue to apply in relation to
anything in the process of being done when the new code comes into force.
(2) Apparatus lawfully installed under any of those provisions (before or after
the time when the new code comes into force) is to be treated as installed
under the corresponding provision of the new code if it could have been
installed under that provision if the pr ovision had been in force or applied
to its installation.
(3) The corresponding provisions are—
(a) Part 7 (transport land rights), in relation to paragraph 12 of the
existing code;
(b) Part 8 (street work rights), in re lation to paragraph 9 of the existing
code;
(c) Part 9 (tidal water rights), in relation to paragraph 11 of the existing
code;
(d) paragraph 74 (power to fly lines), in relation to paragraph 10 of the
existing code.
9 Any agreement given in accordance with paragraph 26(3) of the existing
code for the purposes of paragraph 11(2) of that code has effect for thepurposes of paragraph 64 of the new code as if given in accordance withparagraph 104 of that code.Digital Economy Act 2017 (c. 30)
Schedule 2 — The electronic communic ations code: transitional provision193
10 Any agreement that has effect under pa ragraph 15 of the existing code and
that would be sufficient fo r the purpose of doing an ything wholly inside a
sewer if that paragraph continued in force is sufficient for that purpose
under paragraph 102(2) of the new code.
Court applications for required rights etc
11 (1) This paragraph applies where—
(a) before the time when the new code comes into force, a notice has
been given under paragraph 5(1) of the existing code, and
(b) at that time no application has b een made to the court in relation to
the notice.
(2) The notice has effect as if given under paragraph 20(2) of the new code.
12 (1) This paragraph applies where before the time when the new code comes into
force—
(a) a notice has been given under paragraph 5(1) of the existing code,
and
(b) an application has been made to th e court in relation to the notice.
(2) Subject to sub-paragraph (3), the existing code cont inues to apply in relation
to the application.
(3) An order made under the existing code  by virtue of sub-paragraph (2) has
effect as an order under paragraph 20 of the new code.
Temporary code rights
13 The coming into force of the new code does not affect any application or
order made under paragraph 6 of the existing code.
Compensation
14 The repeal of the existing code does not affect paragraph 16 of that code, or
any other right to compensation, as it a pplies in relation to the exercise of a
right before the new code comes into force.
Objections in relation to apparatus
15 The repeal of the existing code does not affect paragraphs 17 and 18 of that
code as they apply in relation to any thing whose installa tion was completed
before the repeal comes into force.
16 (1) Subject to the following provisions of this paragraph, the repeal of the
existing code does not affect paragraph 20 of that code as it applies inrelation to anything whose installation was completed before the repealcomes into force.
(2) A right under paragraph 20 is not by virtue of sub-paragraph (1) exercisable
in relation to any apparatus by a person who is a party to, or is bound by, anagreement under the new code in relation to the apparatus.
(3) A subsisting agreement is not an agreement under the new code for the
purposes of sub-paragraph (2).Digital Economy Act 2017 (c. 30)
Schedule 2 — The electronic communic ations code: transitional provision194
17 Part 12 of the new code does not apply in relation to apparatus whose
installation was completed before  the new code came into force.
Tree lopping
18 (1) This paragraph applies where—
(a) before the time when the new code comes into force, a notice has
been given under paragraph 19 of the existing code, and
(b) at that time no application has b een made to the court in relation to
the notice.
(2) The notice and any counter-notice under that paragraph have effect as if
given under paragraph 82 of the new code.
19 (1) This paragraph applies where before the time when the new code comes into
force—
(a) a notice has been given under para graph 19 of the existing code, and
(b) an application has been made to th e court in relation to the notice.
(2) The existing code continues to a pply in relation to the application.
Right to require removal of apparatus
20 (1) This paragraph applies where before the repeal of the existing code comes
into force a person has given notice under paragraph 21(2) of that coderequiring the removal of apparatus.
(2) The repeal does not affect the operation of paragraph 21 in relation to
anything done or that may be done  under that paragraph following the
giving of the notice.
(3) For the purposes of applying that paragraph after the repeal comes into
force, steps specified in a counter-notice under sub-paragraph (4)(b) of thatparagraph as steps which the operator proposes to take under the existing
code are to be read as including any corresponding steps that the operatorcould take under the new code or  by virtue of this Schedule.
Undertaker’s works
21 The repeal of the existing code does not affect the operation of paragraph 23
of that code in relation to works—
(a) in relation to which a notice has been given under that paragraph
before the time when that repeal comes into force, or
(b) which have otherwise been commenced before that time.
Supplementary
22 Any agreement which, immediately before  the repeal of the existing code, is
a relevant agreement for the purposes of paragraph 29 of that code is to betreated in relation to times after the co ming int o force of that repeal as a
relevant agreement for the purposes of paragraph 18 of the new code.
23 Part 15 of the new code applies in re lation to notices under this Schedule as
it applies in relation to  notices under that code.Digital Economy Act 2017 (c. 30)
Schedule 2 — The electronic communic ations code: transitional provision195
24 Paragraphs 24 to 27 of the existing co de continue to have effect in relation to
any provision of that code so far as th e provision has effect by virtue of this
Schedule.
25 A person entitled to compensation by virtue of this Schedule is not entitled
to compensation in respect of the sa me matter under any provision of the
new code.
SCHEDULE 3 Section 4
ELECTRONIC  COMMUNICATIONS  CODE : CONSEQUENTIAL  AMENDMENTS
PART 1
GENERAL  PROVISION
Interpretation
1I n  t h i s  P a r t —
“the commencement date” means the day on which Schedule 3A to the
Communications Act 2003 comes into force;
“enactment” includes—
(a) an enactment comprised in subordinate legislation within the
meaning of the Interpretation Act 1978,
(b) an enactment comprised in, or in an instrument made under,
a Measure or Act of the Na tional Assembly for Wales,
(c) an enactment comprised in, or in an instrument made under,
an Act of the Scottish Parliament, and
(d) an enactment comprised in, or in an instrument made under,
Northern Ireland legislation;
“the existing code” means Schedule  2 to the Telecommunications Act
1984;
“the new code” means Schedule 3A to the Communications Act 2003.
References to the code or  provisions of the code
2 (1) In any enactment passed or made befo re the commencement date, unless the
context requires otherwise—
(a) a reference to the existing code is to be read as a reference to the new
code;
(b) a reference to a provis ion of the existing code  listed in column 1 of
the table is to be read as a refere nce to the provision of the new code
in the corresponding entry in column 2.
(2) This paragraph does not affect the amendments made by Part 2 of this
Schedule or the power to make amendments by regulations under section 6.
(3) This paragraph does not affect section 17(2) of the Interpretation Act 1978
(effect of repeal and re-enactment) in re lation to any reference to a provision
of the existing code not listed in the table.Digital Economy Act 2017 (c. 30)
Schedule 3 — Electronic communicat ions code: consequential amendments
Part 1 — General provision196
References to a conduit system
3 In any enactment passed or  made before the commencement date, unless the
context requires otherwise—
(a) a reference to a conduit system, where it is defined by reference to
t h e  e x i s t i n g  c o d e ,  i s  t o  b e  r e a d  as a reference to an infrastructure
system as defined by paragrap h 7(1) of the new code, and
(b) a reference to provision of such a system is to be read in accordance
with paragraph 7(2) of the new code (reference to provision includesestablishing or maintaining).
P
ART 2
AMENDMENTS  OF PARTICULAR  ENACTMENTS
Landlord and Tenant Act 1954 (c. 56)
4 In section 43 of the Landlord and Tenant Act 1954 (tenancies to which
provisions on security of tenure for business etc tenants do not apply) after
subsection (3) insert—
“(4) This Part does not apply to a tenancy—
(a) the primary purpose of which is to grant code rights within
the meaning of Schedule 3A to the Communications Act 2003(the electronic commun ications code), and
(b) which is granted after that Schedule comes into force.”
Opencast Coal Act 1958 (c. 69)
5 (1) Section 45 of the Opencast Coal Act 1958 (provisions as to telegraphic lines)
is amended as follows.
(2) In subsection (2) for “paragraph 23 of the electronic co mmunications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (theelectronic communications code)”.
(3) In section (4) for “Paragraph 1(2) of the electronic communications code”
substitute “Paragraph 103(2) of the electronic communications code”.
Land Drainage (Scotland) Act 1958 (c. 24)
6 In section 17 of the Land Drainage Act (Scotland) Act 1958 (application of
paragraph 23 of the code) for “Paragraph 23 of the electronicExisting code New code
Paragraph 9 Part 8
Paragraph 21 Part 6Paragraph 23 Part 10Paragraph 29 Paragraph 18Digital Economy Act 2017 (c. 30)
Schedule 3 — Electronic communicat ions code: consequential amendments
Part 2 — Amendments of particular enactments197
communications code” su bstitute “Part 10 of Schedule 3A to the
Communications Act 2003 (the el ectronic communications code)”.
Pipe-lines Act 1962 (c. 58)
7 In section 40(2) of the Pipe-lines Act 1962 (avoidance of interference with
lines) for “Paragraph 23 of the electronic communications code” substitute“Part 10 of Schedule 3A to the Communications Act 2003 (the electroniccommunications code)”.
Harbours Act 1964 (c. 40)
8 In section 53 of the Harbours Act 1964 (application of paragraph 23 of the
code) for “Paragraph 23 of the electronic communications code” substitute“Part 10 of Schedule 3A to the Communications Act 2003 (the electroniccommunications code)”.
Fair Trading Act 1973 (c. 41)
9 In section 137(3)(f) of the Fair Tradin g Act 1973 (general  interpretation:
services covered) for “paragraph 29 of Schedule 2 to theTelecommunications Act 1984” substitute “paragraph 17 of Schedule 3A tothe Communications Act 2003 (the el ectronic communications code)”.
Highways Act 1980 (c. 66)
10 The Highways Act 1980 is amended as follows.
11 In section 177(12) (restriction of co nstruction over highways: application of
paragraph 23 of code) for “paragraph 23 of the electronic communications
code” substitute “Part 10 of Schedule 3A to the Communications Act 2003(the electronic communications code)”.
12 (1) Section 334 (savings relating to electronic co mmunications apparatus) is
amended as follows.
(2) In subsection (8) for “Paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (theelectronic communications code)”.
(3) In subsection (9) for “the said para graph 23” substitute “Part 10 of the
electronic communications code”.
(4) In subsection (11)—
(a) for “Sub-paragraph (8 ) of paragraph 23” substitute “Paragraph 68”;
(b) for “that paragraph” substi tute “Part 10 of the code”.
(5) In subsection (12) for “1 (2)” “substitute “103(2)”.
(6) In subsection (13) for “Paragraph 21  of the electronic communications code
(restriction on removal of electronic communicati ons apparatus)” substitute
“Part 6 of the electronic communicatio ns code (rights to require removal of
electronic communications apparatus)”.
Roads (Scotland) Act 1984 (c. 54)
13 The Roads (Scotland) Act 1984 is amended as follows.Digital Economy Act 2017 (c. 30)
Schedule 3 — Electronic communicat ions code: consequential amendments
Part 2 — Amendments of  particular enactments198
14 (1) Section 50 (planting of trees etc by roads authority) is amended as follows.
(2) In subsection (3) for “Paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (theelectronic communications code)”.
(3) In subsection (4)—
(a) for “sub-paragraph (8) of paragraph 23” substitute “Paragraph 68”;
(b) for “that paragraph” substi tute “Part 10 of the code”.
15 (1) Section 75 (bridges over and tunnels under navigable waterways) is
amended as follows.
(2) In subsection (9) for “Paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (theelectronic communications code)”.
(3) In subsection (10)—
(a) for “sub-paragraph (8) of paragr aph 23” substitute “paragraph 68”;
(b) for “that paragraph” substi tute “Part 10 of the code”.
16 (1) Section 132 (saving for operators of telecommunications code systems) is
amended as follows.
(2) In the heading for “telecommunications code systems” substitute “electronic
communications code networks”.
(3) In subsection (4) for “paragraph 1(2)  of the electronic communications code”
substitute “paragraph 103(2) of Schedule 3A to the Communications Act2003 (the electronic communications code)”.
(4) In subsection (5) for “Paragraph 21  of the electronic communications code
(restriction on removal of electronic communicati ons apparatus)” substitute
“Part 6 of the electronic communicatio ns code (rights to require removal of
electronic communications apparatus)”.
Housing Act 1985 (c. 68)
17 Section 298 of the Housing Act 1985 (telecommunications apparatus) is
amended as follows.
18 For the heading substitute “Electronic communications apparatus”.19 In subsection (2) for “paragraph 21 of the electronic co mmunications code”
substitute “Part 6 of Schedule 3A to the Communications Act 2003 (the
electronic communications code)”.
20 In subsection (3) for “paragraph 23” substitute “Part 10”.
Food and Environment Protection Act 1985 (c. 48)
21 The Food and Environmen t Protection Act 1985 is amended as follows.
22 In section 8A (electroni c communications apparatus: operations in tidal
waters etc) for the words from “paragraph 11” to “1984” substitute “Part 9 ofSchedule 3A of the Communications Act 2003 (the electroniccommunications code)”.
23 In section 9(8) (defence to operating without licence under Part 2)—Digital Economy Act 2017 (c. 30)
Schedule 3 — Electronic communicat ions code: consequential amendments
Part 2 — Amendments of particular enactments199
(a) for “paragraph 23 of the electronic communications code” substitute
“Part 10 of Schedule 3A of the Communications Act 2003 (theelectronic communications code)”;
(b) omit the words from “In this subsection” to the end.
Airports Act 1986 (c. 31)
24 The Airports Act 1986 is amended as follows.
25 (1) Section 62 (electronic communicati ons apparatus) is amended as follows.
(2) In subsection (1) for “Paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A of the Communications Act 2003 (theelectronic communications code)”.
(3) In subsection (4) for “Parag raph 23” substitute “Part 10”.
(4) In subsection (5)—
(a) for “Sub-paragraph (8 ) of paragraph 23” substitute “Paragraph 68”;
(b) for “that paragraph” substi tute “Part 10 of the code”.
(5) In subsection (6) for “1 (2)” substitute “103(2)”.
(6) In subsection (7) for “Paragraph 21  of the electronic communications code
(restriction on removal of apparatus) ” substitute “Part 6 of the electronic
communications code (rights to require removal of apparatus)”.
Landlord and Tenant Act 1987 (c. 31)
26 In section 4(2) of the Landlord and Tenant Act 1987 (disposals which are not
relevant disposals for purposes of te nants’ right of first refusal) after
paragraph (da) insert—
“(db) the conferral of a code right under Schedule 3A to the
Communications Act 2003 (the  electronic communications
code);”.
Road Traffic (Driver Licensing and In formation Systems) Act 1989 (c. 22)
27 In paragraph 4 of Schedule 4 to the Road Traffic (Driver Licensing and
Information Systems) Act 1989 (application of paragraph 23 of code tolicence holders) for “Paragraph 23 of  Schedule 2 to the Telecommunications
Act 1984” substitute “Part 10 of Schedule 3A to the Communications Act2003 (the electronic communications code)”.
Electricity Act 1989 (c. 29)
28 In paragraph 1(6) of Schedule 16 to the Electricity Act 1989 (application of
paragraph 23) for “Paragraph 23 of Schedule 2 to the TelecommunicationsAct 1984” substitute “Part 10 of Schedule 3A to the Communications Act2003 (the electronic communications code)”.
Town and Country Planning Act 1990 (c. 8)
29 (1) Section 256 of the Town and Country Planning Act 1990 (electronic
communications apparatus: orders by the Secretary of State) is amended as
follows.Digital Economy Act 2017 (c. 30)
Schedule 3 — Electronic communicat ions code: consequential amendments
Part 2 — Amendments of  particular enactments200
(2) In subsection (5) for “P aragraph 1(2) of the elec tronic communications code”
substitute “Paragraph 103(2) of Sche dule 3A to the Communications Act
2003 (the electronic communications code)”.
(3) In subsection (6) for “Paragraph 21  of the electronic communications code
(restriction on removal of electronic communicati ons apparatus)” substitute
“Part 6 of the electronic communicatio ns code (rights to require removal of
electronic communications apparatus)”.
Water Industry Act 1991 (c. 56)
30 In paragraph 4 of Schedule 13 to the Water Industry Act 1991—
(a) for “paragraph 23” substitute “Part 10”;
(b) for “Schedule 2 to the Teleco mmunications Act 1984” substitute
“Schedule 3A to the Communications Act 2003”;
(c) in the heading, for “telecommunication systems” substitute
“electronic communications networks”.
Water Resources Act 1991 (c. 57)
31 In Schedule 22 to the Water Resour ces Act 1991 (protection of particular
undertakings)— 
(a) in paragraph 5 for “Paragraph 23 of Schedule 2 to the
Telecommunications Act 1984” substitute “Part 10 of Schedule 3A tothe Communications Act 2003 (t he electronic communications
code)”;
(b) for the italic heading before paragraph 5 substitute “Protection for
electronic communications networks”.
Electricity (Northern Ireland) Order 1992 (S.I. 1992/231)
32 In paragraph 3(2) of Schedule 4 to the Electricity (Nor thern Ireland) Order
1992 (application of paragraph 23) for “paragraph 23 of the electroniccommunications code” su bstitute “Part 10 of Schedule 3A to the
Communications Act 2003 (the el ectronic communications code)”.
Cardiff Bay Barrage Act 1993 (c. 42)
33 In paragraph 16 of Schedule 2 to the Cardiff Bay Barrage Act 1993
(application of paragraph 23) for “Paragraph 23 of Schedule 2 to theTelecommunications Act 1984” substitu te “Part 10 of Schedule 3A to the
Communications Act 2003 (the el ectronic communications code)”.
Roads (Northern Ireland) Order 1993 (S.I. 1993/3160)
34 (1) Schedule 9 to the Roads (Northern Ir eland) Order 1993 (saving provisions)
is amended as follows.
(2) In paragraph 2(2) for “Paragraph 1(2) of the electronic communications
code” substitute “Paragraph 103(2) of  Schedule 3A to the Communications
Act 2003 (the electronic communications code)”.
(3) In paragraph 2(3) for “Paragraph 21 of the electronic communications code
(restrictions on removal of apparatus) ” substitute “Part 6 of the electronic
communications code (rights to require removal of apparatus)”.Digital Economy Act 2017 (c. 30)
Schedule 3 — Electronic communicat ions code: consequential amendments
Part 2 — Amendments of particular enactments201
(4) In paragraph 3 for “Paragraph 23” substitute “Part 10”.
Airports (Northern Ireland) Order 1994 (S.I. 1994/426)
35 (1) Article 12 of the Airports (North ern Ireland) Order 1994 (provisions as to
electronic communications apparatus) is amended as follows.
(2) In paragraph (1) for “Paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (the
electronic communications code)”.
(3) In paragraph (3A) for “Paragraph 23” substitute “Part 10”.(4) In paragraph (4)—
(a) for “Sub-paragraph (8 ) of paragraph 23” substitute “Paragraph 68”;
(b) for “that paragraph” substi tute “Part 10 of the code”.
(5) In paragraph (5) for “1(2 )” substitute “103(2)”.
(6) In paragraph (6) for “P aragraph 21 of the electronic communications code
(restriction on removal of apparatus) ” substitute “Part 6 of the electronic
communications code (rights to require removal of apparatus)”.
(7) Omit paragraph (7).
Landlord and Tenant (Cov enants) Act 1995 (c. 30)
36 In section 5 of the Landlord and Tenant (Covenants) Act 1995 (tenant
released from covenants on assignment of tenancy), after subsection (4)insert—
“(5) This section is subject to paragraph 16(4) of Schedule 3A to the
Communications Act 2003 (which pl aces conditions on the release of
an operator from liability under an agreement granting code rightsunder the electronic communications code).”
Gas Act 1995 (c. 45)
37 In paragraph 2(7) of Schedule 4 to the Gas Act 1995 (application of
paragraph 23 to public gas transporters ) for “Paragraph 23 of Schedule 2 to
the Telecommunications Act 1984” substitute “Part 10 of Schedule 3A to theCommunications Act 2003 (the el ectronic communications code)”.
Channel Tunnel Rail Link Act 1996 (c. 61)
38 (1) Part 4 of Schedule 15 to the Channel Tunnel Rail Link Act 1996 (protection
of telecommunications operators) is amended as follows.
(2) For the heading substitute “Protect ion of electronic communications code
operators”.
(3) In paragraph 2(1) for “Paragraph 21 of the electronic communications code”
substitute “Part 6 of Schedule 3A to the Communications Act 2003 (the
electronic communications code)”.
(4) In paragraph 2(2) for “Paragraph 23” substitute “Part 10”.
(5) In paragraph 3 for “paragraph 9” substitute “Part 8”.Digital Economy Act 2017 (c. 30)
Schedule 3 — Electronic communicat ions code: consequential amendments
Part 2 — Amendments of  particular enactments202
(6) In paragraph 4(1) for “paragraph 23” substitute “Part 10”.
Gas (Northern Ireland) Order 1996 (S.I. 1996/275)
39 (1) Schedule 3 to the Gas (Northern Irel and) Order 1996 (other powers etc of
licence holders) is amended as follows.
(2) In paragraph 1(1) omit the following definitions—
(a) “public telecommunications operator”;
(b) “telecommunication apparatus”  and “electronic communications
network”;
(c) “telecommunications code”.
(3) In paragraph 3(2) for “paragraph 23 of the electronic communications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (theelectronic communications code)”.
Business Tenancies (Northern Ireland)  Order 1996 (SI 1996/725 (NI 5))
40 In Article 4(1) of the Business Te nancies (Northern Ireland) Order 1996
(tenancies to which the Order does no t apply) after paragraph (k) insert—
“(l) a tenancy the primary purpose of which is to grant code
rights within the meaning o f  S c h e d u l e  3 A  t o  t h e
Communications Act 2003 (the  electronic communications
code), where the tenancy is granted after that Schedule comesinto force.”
Town and Country Planning (Scotland) Act 1997 (c. 8)
41 (1) Section 212 of the Town and Co untry Planning (Scotland) Act 1997
(electronic communications appa ratus) is amended as follows.
(2) In subsection (7) for “P aragraph 1(2) of the elec tronic communications code”
substitute “Paragraph 103(2) of Sche dule 3A to the Communications Act
2003 (the electronic communications code)”.
(3) In subsection (8) for “Paragraph 21  of the electronic communications code
(restriction on removal of electronic communicati ons apparatus)” substitute
“Part 6 of the electronic communicatio ns code (rights to require removal of
apparatus)”.
Enterprise Act 2002 (c. 40)
42 The Enterprise Act 2002 is amended as follows.
43 In section 128(5) (merge rs: references to supply of services) for the words
from “(within” to the end substitute “(within the meaning of paragraph 17
of Schedule 3A to the Communications Act 2003 (the electroniccommunications code)) for sharing th e use of electronic communications
apparatus.”
44 In section 234(5) (enforcement of cons umer legislation: references to supply
of services) for the words from “(within ” to the end substitute “(within the
meaning of paragraph 17 of Schedule  3A to the Communications Act 2003
(the electronic communications code )) for sharing the use of electronic
communications apparatus.”Digital Economy Act 2017 (c. 30)
Schedule 3 — Electronic communicat ions code: consequential amendments
Part 2 — Amendments of particular enactments203
Communications Act 2003 (c. 21)
45 The Communications Act 2003 is amended as follows.
46 (1) Section 394 (service of notifications and other documents) is amended as
follows.
(2) In subsection (2) omit paragraph (d).
(3) After subsecti on (10) insert—
“(11) In its application to Schedule 3A this section is subject to paragraph
91 of that Schedule.”
47 (1) Section 402 (power of Secretary of State to make orders and regulations) is
amended as follows.
(2) In subsection (2) afte r paragraph (a) insert—
“(aa) regulations under paragraph 95 of Schedule 3A which
amend, repeal or modify the application of primary
legislation,”.
(3) After subsection (2) insert—
“(2A) A statutory instrument containi ng (whether alone or with other
provisions) regulations under para graph 95 of Schedule 3A which
amend, repeal or modify the applic ation of primary legislation, may
not be made unless a draft of the instrument has been laid before andapproved by a resolution of each House of Parliament.”
(4) After subsection (3) insert—
“(4) In this section “primary legislation” means—
(a) an Act of Parliament,
(b) a Measure or Act of the National Assembly for Wales,
(c) an Act of the Scottish Parliament, or
(d) Northern Ireland legislation.”
48 Schedule 3 is repealed.
Land Reform (Scotland) Act 2003 (asp 2)
49 (1) Schedule 1 to the Land Reform (Scotl and) Act 2003 (path orders) is amended
as follows.
(2) In paragraph 12 for “Paragraph 1(2) of the electronic communications code”
substitute “Paragraph 103(2) of Sche dule 3A to the Communications Act
2003 (the electronic communications code)”.
(3) In paragraph 13 for “Paragraph 21 of that code (restriction on removal of
apparatus)” substitute “Par t 6 of the electronic co mmunications code (rights
to require removal of apparatus)”.
Housing and Regeneration Act 2008 (c. 17)
50 The Housing and Regeneration Ac t 2008 is amended as follows.Digital Economy Act 2017 (c. 30)
Schedule 3 — Electronic communicat ions code: consequential amendments
Part 2 — Amendments of  particular enactments204
51 In section 2(3) (objects of the Homes and Communities Agency:
interpretation) in paragraph (a) of th e definition of “i nfrastructure” for
“telecommunications” substitute  “electronic communications”.
52 In section 57(1) (interpretation of Part 1) omit the definition of “conduit
system” and insert in the appropriate place—
““infrastructure system” has the meaning given by paragraph
7(1) of Schedule 3A to the Communications Act 2003 (theelectronic communications code), and a reference toproviding such a system is to be read in accordance withparagraph 7(2) of the code (reference to provision includesestablishing or maintaining),”.
53 In the table in section 58 (index of defined expressions in Part 1) omit the
entry for “conduit system (and providing such a system)” and insert in theappropriate place—
Crossrail Act 2008 (c. 18)
54 (1) Part 4 of Schedule 17 to the Cros srail Act 2008 (protective provisions) is
amended as follows.
(2) In paragraph 1(2) for the definition of “electronic communications code”
substitute—
““electronic communications code ” means the code set out in
Schedule 3A to the Communications Act 2003;”.
(3) In paragraph 2(1) for “paragraph 23” substitute “Part 10”.(4) In paragraph 2(2) for “Paragraphs 21 and 23” substitute “Parts 6 and 10”.
(5) In paragraph 3 for “paragraph 9” substitute “Part 8”.
(6) In paragraph 4(1) for “paragraph 23” substitute “Part 10”.
Marine (Scotland) Act 2010 (asp 5)
55 The Marine (Scotland) Act 2010 is amended as follows.
56 In section 36(1) (electronic communic ations apparatus) for the words from
“paragraph 11” to “appara tus)” substitute “Part 9 of Schedule 3A to the
Communications Act 2003 (the electronic communications code) (works inconnection with electronic communications apparatus).
57 (1) Section 41 (defence to offences : electronic communications: emergency
works) is amended as follows.
(2) In subsection (1) for “paragraph 23 of the electronic co mmunications code”
substitute “Part 10 of Schedule 3A to the Communications Act 2003 (theelectronic communications code)”.
(3) Omit subsection (2).“Infrastructure system (and providing such a
system)Section 57(1)”.Digital Economy Act 2017 (c. 30)
Schedule 4 — Public service delivery: specifi ed persons for the purposes of section 35205
SCHEDULE 4 Section 35
PUBLIC  SERVICE  DELIVERY : SPECIFIED  PERSONS  FOR THE PURPOSES  OF SECTION  35
1 The Secretary of State for the Home Department.
2 The Secretary of State for Defence.
3 The Lord Chancellor.
4 The Secretary of State for Justice.
5 The Secretary of State for Education.
6 The Secretary of State for Busine ss, Energy and Industrial Strategy.
7 The Secretary of State for Work and Pensions.
8 The Secretary of State for Communities and Local Government.
9 The Secretary of State for Culture, Media and Sport.10 Her Majesty’s Revenue and Customs.
11 A county council in England.
12 A district council in England.13 A London borough council.
14 A combined authority established under section 103 of the Local
Democracy, Economic Developmen t and Construction Act 2009.
15 The Common Council of the City of London in its capacity as a local
authority.
16 The Council of the Isles of Scilly.
17 The Greater London Authority.
18 A metropolitan county fire and rescue authority.19 The London Fire Commissioner.
20 A fire and rescue authority in En gland constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme to whichsection 4 of that Act applies.
21 A fire and rescue authority created by a scheme under section 4A of the Fire
and Rescue Services Act 2004.
22 A chief officer of police for a police area in England and Wales.
23 The proprietor of a school within the meaning of the Education Act 1996.
24 The proprietor of an Academy wi thin the meaning of that Act.
25 The responsible person in relation to an educational institution as defined by
section 72(5) of the Education and Skills Act 2008 (other than a person within
paragraph 23 or 24).
26 The Gas and Electric ity Markets Authority.
27 The Chief Land Registrar.Digital Economy Act 2017 (c. 30)
Schedule 4 — Public service delivery: specif ied persons for the purposes of section 35206
28 A person providing services in connec tion with a specified objective (within
the meaning of section 35) to a specif ied person who is a public authority.
SCHEDULE 5 Section 36
PUBLIC  SERVICE  DELIVERY : SPECIFIED  PERSONS  FOR THE PURPOSES  OF SECTIONS  36 AND  37
1 The Secretary of State for Busine ss, Energy and Industrial Strategy.
2 The Secretary of State for Work and Pensions.
3 The Secretary of State for Communities and Local Government.4 Her Majesty’s Revenue and Customs.
5 A county council in England.
6 A district council in England.7 A London borough council.
8 A combined authority established under section 103 of the Local
Democracy, Economic Developmen t and Construction Act 2009.
9 The Common Council of the City of London in its capacity as a local
authority.
10 The Council of the Isles of Scilly.
11 The Greater London Authority.
12 A metropolitan county fire and rescue authority.13 The London Fire Commissioner.
14 A fire and rescue authority in En gland constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme to whichsection 4 of that Act applies.
15 A fire and rescue authority created by a scheme under section 4A of the Fire
and Rescue Services Act 2004.
16 The Gas and Electric ity Markets Authority.
17 The Chief Land Registrar.
18 A person providing services in conn ection with a fuel poverty measure
(within the meaning of section 36) to a specified person who is a publicauthority.
SCHEDULE 6
Section 38
PUBLIC  SERVICE  DELIVERY : SPECIFIED  PERSONS  FOR THE PURPOSES  OF SECTIONS  38 AND  39
1 The Secretary of State for Work and Pensions.
2 The Secretary of State for Communities and Local Government.Digital Economy Act 2017 (c. 30)
Schedule 6 — Public service delivery: specified persons for the purposes of sections 38 and 39207
3 Her Majesty’s Revenue and Customs.
4 A county council in England.5 A district council in England.
6 A London borough council.
7 A combined authority established under section 103 of the Local
Democracy, Economic Developmen t and Construction Act 2009.
8 The Common Council of the City of London in its capacity as a local
authority.
9 The Council of the Isles of Scilly.10 The Greater London Authority.
11 The Chief Land Registrar.
12 A person providing services in conn ection with a water poverty measure
(within the meaning of section 38) to a specified person who is a publicauthority.
SCHEDULE 7
Section 48
SPECIFIED  PERSONS  FOR THE PURPOSES  OF THE DEBT  PROVISIONS
1 The Secretary of State for the Home Department.
2 The Lord Chancellor.
3 The Secretary of State for Justice.4 The Secretary of State for Education.
5 The Secretary of State for Busine ss, Energy and Industrial Strategy.
6 The Secretary of State for Work and Pensions.7 The Secretary of State for Transport.
8 Her Majesty’s Revenue and Customs.
9 The Minister for the Cabinet Office.10 A county council in England.
11 A district council in England.
12 A London borough council.13 The Common Council of the City of London in its capacity as a local
authority.
14 The Council of the Isles of Scilly.
15 The Greater London Authority.
16 The Student Loans Company.Digital Economy Act 2017 (c. 30)
Schedule 7 — Specified persons for the purposes of the debt provisions208
17 A person providing services to a spec ified person who is a public authority
in respect of the taking of action in connection with debt owed to a public
authority or to the Crown.
SCHEDULE 8 Section 56
SPECIFIED  PERSONS  FOR THE PURPOSES  OF THE FRAUD  PROVISIONS
1 The Secretary of State for the Home Department.
2 The Secretary of State for Defence.
3 The Lord Chancellor.4 The Secretary of State for Justice.
5 The Secretary of State for Education.
6 The Secretary of State for Busine ss, Energy and Industrial Strategy.
7 The Secretary of State for Work and Pensions.
8 The Secretary of State for Transport.
9 The Secretary of State for Communities and Local Government.10 The Secretary of State for the Environment, Food and Rural Affairs.
11 The Secretary of State for International Development.
12 The Secretary of State for Culture, Media and Sport.13 The Minister for the Cabinet Office.
14 Her Majesty’s Revenue and Customs.
15 The Export Credits Guarantee Department.16 A county council in England.
17 A district council in England.
18 A London borough council.19 The Common Council of the City of London in its capacity as a local
authority.
20 The Council of the Isles of Scilly.
21 The Greater London Authority.22 The Chief Land Registrar.
23 The Big Lottery Fund.
24 The Nuclear Decommissioning Authority.25 The Environment Agency.
26 The Homes and Communities Agency.
27 The Higher Education Fu nding Council for England.Digital Economy Act 2017 (c. 30)
Schedule 8 — Specified persons for th e purposes of the fraud provisions209
28 The Historic Buildings and Mo numents Commission for England.
29 The Student Loans Company.30 The British Council.
31 The Arts Council of England.
32 The English Sports Council.33 The Technology Strategy Board.
34 The Arts and Humaniti es Research Council.
35 The Medical Research Council.
36 The Natural Environm ent Research Council.
37 The Biotechnology and Biologic al Sciences Research Council.
38 The Economic and Social Research Council.
39 The Engineering and Physical  Sciences Research Council.
40 The Science and Technology Facilities Council.41 A person providing services to a spec ified person who is a public authority
in respect of the taking of action in  connection with fr aud against a public
authority.
SCHEDULE 9
Section 113
BANK OF ENGLAND  OVERSIGHT  OF PAYMENT  SYSTEMS
PART 1
EXTENSION  OF BANK OF ENGLAND  OVERSIGHT  OF PAYMENT  SYSTEMS
1 The Banking Act 2009 is amended as follows.
2 In the heading to Part 5 (inter-bank payment systems) omit “Inter-bank”.
3 In section 181 (overview) for “payments between financial institutions”
substitute “transferring money”.
4 (1) Section 182 (interpretation: “inter-bank payment system”) is amended as
follows.
(2) In subsection (1)—
(a) omit “inter-bank”;
(b) omit the words from “between fi nancial institutions” to the end.
(3) After subsection (1) insert—
“(1A) But “payment system” does not include any arrangements for the
physical movement of cash.”
(4) Omit subsections (2) and (3).
(5) In subsection (5) for “an inter-bank” substitute “a”.Digital Economy Act 2017 (c. 30)
Schedule 9 — Bank of England oversight of payment systems
Part 1 — Extension of Bank of En gland oversight of payment systems210
(6) In the heading omit “inter-bank”.
5 In section 183 (interpretation: other expressions), in paragraph (a) for “an
inter-bank” substitute “a”.
6 (1) Section 184 (recognition order) is amended as follows.
(2) In subsection (1) for “an inter-bank” substitute “a”.
(3) In subsection (2) omit “inter-bank”.
(4) In subsection (3) for “an inte r-bank” substitute “a payment”.
7 In section 185 (recognition criteria), in subsection (1) for “an inter-bank”
substitute “a”.
8 In section 186A (amendment of recognition order), in subsections (2)(b) and
(4), omit “inter-bank”.
9 In section 187 (de-recognition), in subsec tions (2), (3)(b) and (5), omit “inter-
bank”.
10 In section 188 (principles), in subsection (1) omit “inter-bank”.
11 In section 189 (codes of practice) omit “inter-bank”.
12 In section 190 (system rules), in subsection (1) om it “inter-bank”.
13 In section 191 (directions), in subsection (1) omit “inter-bank”.
14 In section 192 (role of FCA and PRA) , in subsections (2 )(a) and (b) and (3),
omit “inter-bank”.
15 In section 193 (inspection), in subsec tions (1) and (2), omit “inter-bank”.
16 In section 194 (inspection: warrant), in subsection (1)(a ) omit “inter-bank”.
17 In section 195 (independent report), in subsection (1) omit “inter-bank”.
18 In section 196 (compliance failure) omit “inter-bank”.19 In section 197 (publica tion), in subsection (1) omit “inter-bank”.
20 In section 198 (penalty), in su bsection (1) omit “inter-bank”.
21 In section 199 (closure), in su bsection (2) omit “inter-bank”.
22 In section 200 (management disqualifica tion), in subsections (1) and (2), omit
“inter-bank”.
23 In section 201 (warning), in subsection (1) for “an inter-bank” substitute “a”.
24 In section 202A (injunctions), in su bsections (2)(a) and (3)(a), omit “inter-
bank”.
25 In section 203 (fees), in subs ection (1) omit “inter-bank”.
26 In section 204 (information), in subsec tions (1A), (2) and (4)(c), omit “inter-
bank”.
27 In section 205 (pretending to be recogn ised), in subsection  (1) omit “inter-
bank”.Digital Economy Act 2017 (c. 30)
Schedule 9 — Bank of England oversight of payment systems
Part 1 — Extension of Bank of En gland oversight of payment systems211
28 In section 206A (services forming pa rt of recognised inter-bank payment
system), in subsections (1), (2) and (7 )(a) and in the heading, omit “inter-
bank”.
29 In section 259 (statutory instrument s), in the Table in subsection (3)—
(a) in the heading for the entries in Part 5, omit “Inter-bank”;
(b) in the entry for section 206A, in the second column omit “inter-bank”.
30 In section 261 (index of defined terms), in the Table—
(a) omit the entry for “Inter-bank payment system”;
(b) at the appropriate place insert—
PART 2
CONSEQUENTIAL  AMENDMENTS
Financial Services Act 2012
31 The Financial Services Act 2012 is amended as follows.
32 (1) Section 68 (cases in which Treasu ry may arrange independent enquiries) is
amended as follows.
(2) In subsection (3), in  paragraphs (a) and (b)(i i), omit “inter-bank”.
(3) In subsection (5), in the definiti on of “recognised inter-bank payment
system”—
(a) omit the first “inter-bank”;
(b) for “an inter-bank” substitute “a”.
33 In section 85 (relevant functions in relation to complaints scheme), in
subsection (3)(a) omit “inter-bank”.
34 In section 110 (payment to Treasury of penalties received by Bank of
England), in subsection (5)(d) omit “inter-bank”.
Financial Services (Banking Reform) Act 2013
35 The Financial Services (Banking Reform) Act 2013 is amended as follows.
36 In section 45 (procedure), in su bsection (1)(a) omit “inter-bank”.
37 In section 46 (amendment of design ation order), in subsection (2)(a) omit
“inter-bank”.
38 In section 47 (revocation of designat ion orders), in subsection (3)(a) omit
“inter-bank”.
39 In section 98 (duty of regulators to ensure co-ordinated exercise of
functions), in subsection (5)(b) omit “inter-bank”.
40 In section 110 (interpretation), in subsection (1), in the definition of
“recognised inter-bank payment system”—
(a) omit the first “inter-bank”;
(b) for “an inter-bank” substitute “a”.“Payment system 182”.Digital Economy Act 2017 (c. 30)
Schedule 9 — Bank of England oversight of payment systems
Part 2 — Conseque ntial amendments212
41 In section 112 (interpretation: infrastructure companies), in subsections
(2)(a), (4)(b) and (5),  omit “inter-bank”.
42 In section 113 (interpretation: ot her expressions), in subsection (1)—
(a) in the definition of “operator” omit “inter-bank”;
(b) in the definition of “recogni sed inter-bank payment system”—
(i) omit the first “inter-bank”;
(ii) for “an inter-bank” substitute “a”;
(c) in the definition of “the relevant  system”, in paragraphs (a) and (c),
omit “inter-bank”.
43 In section 115 (objective of FMI administ ration), in subsecti on (1) omit “inter-
bank”.
44 In section 120 (power to direct FMI administrator), in subsection (8) omit
“inter-bank”.
45 In section 127 (interpretation of Part 6), in subsection (1), in the definition of
“operator” and in the definition of “recognised inter-bank payment system”,
omit “inter-bank”.
  
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