Commentary on Sections Schedule 2: Modification or discharge of affordable housing requirements: related amendments Section 9: Electronic communications code: the need to promote growth
59.Section 109(1) of the Communications Act 2003 ("2003 Act") gives the Secretary of State the power to make regulations imposing conditions and restrictions on the application of the electronic communications code (as defined in section 106) to network operators. Section 109(2) sets out a list of considerations to which the Secretary of State must have regard in exercising the power to make regulations under section 109(1). Subsection (1) of the section adds to that list the need to promote economic growth.
60.Subsection (2) of the section, as respects the making of regulations under section 109 of the 2003 Act, deems any duties owed under the provisions at (a) to (e) below to have been complied with if the Secretary of State has complied with section 109(2)(b) of the 2003 Act (duty to have regard to the need to protect the environment and, in particular, to conserve the natural beauty and amenity of the countryside):
61.Subsection (3) deems the meaning of "statutory undertakers" in the Norfolk and Suffolk Broads Act 1988 to be read so that electronic code operators will not be subject to the duty in section 17A of that Act to have regards to Broads purposes when exercising their function so as to affect land in the Broads.
62.The provisions in section 9(2) and (3) are subject to a sunset date of 6 April 2018.