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STATUTORY INSTRUMENTS


2003 No. 2426

ELECTRONIC COMMUNICATIONS

The Privacy and Electronic Communications (EC Directive) Regulations 2003

Made.... 18th September 2003
Laid before Parliament 18th September 2003
Coming into force.. 11th December 2003

The Secretary of State, being a Minister designated(a)[1] for the purposes of section 2(2) of the European Communities Act 1972(b)[2] in respect of matters relating to electronic communications, in exercise of the powers conferred upon her by that section, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Privacy and Electronic Communications (EC Directive) Regulations 2003 and shall come into force on 11th December 2003.

Interpretation

2.—(1) In these Regulations—

“bill” includes an invoice, account, statement or other document of similar character and “billing” shall be construed accordingly;

“call” means a connection established by means of a telephone service available to the public allowing two-way communication in real time;

“communication” means any information exchanged or conveyed between a finite number of parties by means of a public electronic communications service, but does not include information conveyed as part of a programme service, except to the extent that such information can be related to the identifiable subscriber or user receiving the information;

“communications provider” has the meaning given by section 405 of the Communications Act 2003(c)[3];

“corporate subscriber” means a subscriber who is—

(a) a company within the meaning of section 735(1) of the Companies Act 1985(d)[4];
(b) a company incorporated in pursuance of a royal charter or letters patent;
(c) a partnership in Scotland;
(d) a corporation sole; or
  1. (a) S.I. 2001/3495.
  2. (b) 1972 c. 68.
  3. (c) 2003 c. 21; for the commencement of section 405, see section 411(2) and (3) of the same Act.
  4. (d) 1985 c. 6.