Funds for liabilities under the Electronic Communications Code
Produced in partnership with Purvi Parekh of Anakiya Consulting
Funds for liabilities under the Electronic Communications Code

The following Property guidance note Produced in partnership with Purvi Parekh of Anakiya Consulting provides comprehensive and up to date legal information covering:

  • Funds for liabilities under the Electronic Communications Code
  • The Digital Economy Act 2017 (DEA 2017)
  • The Electronic Communications Code
  • Funds for liabilities obligation
  • Certificate and accompanying security instrument
  • Specimen bond
  • Statutory limit
  • Enforcement action
  • Ofcom Code of Practice

The Digital Economy Act 2017 (DEA 2017)

Section 4 and Schedule 1 to the Digital Economy Act 2017 (DEA 2017) implemented into the Communications Act 2003 (CA 2003) a new Electronic Communications Code which replaced the previous Code on 28 December 2017.

For guidance on the provisions of the Code, see Practice Notes: New Electronic Communications Code—Code rights and New Electronic Communications Code—terminating and modifying Code rights.

For guidance on the provisions of the previous Code, see Practice Note: Previous Electronic Communications Code [Archived].

This Practice Note considers the requirements under the Electronic Communications Code for electronic network providers who have been designated as ‘Code operators’ under the Code to comply with certain requirements in order to demonstrate that they have sufficient funds to meet their liabilities. These requirements are set out under the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 (the Code Regulations), SI 2003/2553. The Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017, SI 2017/1011—which deals with consequential amendments to secondary legislation resulting from the Code, did not make any substantive changes to the funds for liabilities requirements under the Code Regulations. However, in this Practice Note, all references to legislation are to legislative provisions in force under the new Code.

The Electronic Communications Code

The Code grants electronic communications network providers who have been designated as