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Template Notices under the 1984 Code

07 Ebrill 2020

The current Electronic Communications Code came into force in December 2017. The information on this page relates to the previous Electronic Communications Code set out in the Telecommunications Act 1984 as amended (the 1984 Code). By virtue of transitional provisions under Schedule 2 to the Digital Economy Act 2017, there are some circumstances in which the 1984 Code continues to have effect.

In certain circumstances, Code operators are required to or may give notices or counter-notices for the purposes of the 1984 code; for example, a Code operator may serve a counter-notice under paragraph 20(2) of the 1984 Code in respect to a request for alteration of apparatus. The 1984 Code requires that such notices given by operators are in a form approved by Ofcom.

The template notices and counter-notices below were approved by Ofcom in relation to the 1984 Code and can be used in relation to that code, subject to the saving and transitional provisions specified under the Digital Economy Act 2017. When using the template notices, operators should fill in their details and those of the other party in question, together with other details as required in the areas in square brackets and highlighted. Provided that the operator does not make any alteration to the text of a model Notice, it will not be necessary to seek Ofcom’s further approval for the form of words of the notice as this will be taken as already having been given. If, however, an operator wishes to alter the text of the notice, Ofcom's approval must be sought in order for the notice to be considered valid.

Please note that, as explained above, the 1984 Code was replaced in December 2017. The current Electronic Communications Code is set out in Schedule 3A to the Communications Act 2003 as inserted by the Digital Economy Act 2017. Information on this code and the relevant notices under that code can be found here.

The template notices below are subject to the saving provisions under paragraphs 8 and 16 of Schedule 2 to the Digital Economy Act 2017.

Code paragraphTypeDescription
12(4)NoticeNotice to carry out works in connection with lines
12(7)NoticeNotice as to commencement of works on land used as a Railway, Canal or Tramway
14(2)Counter NoticeCounter notice stating that the operator is unwilling to comply with a notice requiring apparatus alteration (Railways, Canals and Tramways)
20(2)Counter NoticeCounter notice refusing to carry out apparatus alteration (improvements to land)