Statutory Instrument 1994 No. 2251

The Telecommunications (Leased Lines) (Amendment) Regulations 1994

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© Crown Copyright 1994

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1994 No. 2251

TELECOMMUNICATIONS

The Telecommunications (Leased Lines) (Amendment) Regulations 1994

The Secretary of State, being a Minister designated^[1] for the purposes of section 2(2) of the European Communities Act 1972^[2] in respect of measures relating to access to public telecommunication systems, in exercise of the powers conferred on him by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation and commencement
    1.    These Regulations may be cited as the Telecommunications (Leased Lines) (Amendment) Regulations 1994 and shall come into force on 1st October 1994.

Interpretation
    2.    In these Regulations—
 (a) ‘the principal Regulations’ means the Telecommunications (Leased Lines) Regulations 1993^[3]; and
 (b) words or expressions used in these Regulations have, unless the context otherwise requires, the meaning which they bear in the principal Regulations.

Extension of principal Regulations in respect of European Economic Area
    3.—(1)  This regulation shall have effect for the purposes of extending the principal Regulations in respect of their application in respect of private circuits the network termination points of which are both or all situated within the European Economic Area^[4].

    (2)  The principal Regulations are hereby amended as follows—
 (a) in regulation 2—
 (i) the definition of "the Community" shall be deleted;
 (ii) after the definition of "the Directive" there shall be inserted the following definition—
""the EEA" means the European Economic Area, and an "EEA State" means a State which is a Contracting Party to the EEA Agreement, but
(a) until the EEA Agreement comes into force in relation to Liechtenstein—
(i) the EEA shall not include Liechtenstein; and

(ii) Liechtenstein shall not be taken to be an EEA State; and

(b) for the purposes of the definition of "EEA State", the Åland Islands (being not part of the EEA) shall not be taken to be part of Finland,

and in this definition, "the EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;" ; and

 (b) throughout the Regulations—
 (i) for a reference to "the Community" (including such a reference in the term "intra-Community") there shall on each occasion that it occurs be substituted a reference to the EEA; and
 (ii) for a reference to "member State" (save in the reference to Council Directive 91/263/EEC^[5] in paragraph E of Schedule 1) there shall on each occasion that it occurs be substituted a reference to "EEA State".

    (3)  In the modifications to the BT licence, the Hull licence and the Mercury licence made by regulations 4, 5 and 6 respectively of the principal Regulations, for a reference to the "European Economic Community" there shall on each occasion that it occurs be substituted a reference to the "European Economic Area", and the modifications made by this paragraph shall have effect as if they were made under section 12 of the 1984 Act by the Director.

Amendment of the minimum set of private circuits
    4.    For Schedule 2 to the principal Regulations, there shall be substituted^[6] the Schedule set out in the Schedule to these Regulations.

Ian Taylor

Parliamentary Under-Secretary of State for Trade and Technology, Department of Trade and Industry

31st August 1994

[1] S.I. 1992/2870. back

[2] 1972 c. 68. back

[3] S.I. 1993/2330, which implemented Council Directive 92/44/EEC on the application of open network provision to leased lines (OJ No. L165, 19.6.92, p. 27). back

[4] The European Economic Area Agreement came into force on 1st January 1994 (see Decision 94/1 ECSC, EC; OJ No. L1, 3.1.94, p. 1). Decision No. 7/94 of the EEA Committee (OJ No. L160, 28.6.94, p. 1; the "Interim Acquis") in Annex 10 (p. 76) extended Directive 92/44/EEC to the European Economic Area (with certain adaptations which are not relevant for the purposes of these Regulations). back

[5] OJ No. L128, 23.5.91, p. 1. back

[6] Commission Decision 94/439/EC (OJ No. L181, 15.7.94, p. 40) substitutes a new Annex II to Directive 92/44/EEC. back

Explanatory Note