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The Open Internet Access (EU Regulation) Regulations 2016

Consolidated Text As Enacted Cited authorities 16 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2016/607
Year2016
(1) These Regulations may be cited as the Open Internet Access (EU Regulation) Regulations 2016 and come into force on 17th June 2016.(2) In these Regulations—
  • “the EU Regulation” means Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25th November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union ;
  • “information requirement” has the meaning given in regulation 16; and
  • “OFCOM” means the Office of Communications as established by the Office of Communications Act 2002 .
(3) In these Regulations, references to OFCOM’s functions under the EU Regulation should be read as references to OFCOM’s functions for the purposes of Articles 3, 4 and 5 of the EU Regulation.a notification to be given to any person; ora document of any other description (including a copy of a document) to be sent to any person.(2) This regulation has effect subject to regulation 3.by delivering it to the person;by leaving it at the person's proper address; orby sending it by post to the person at that address.(4) The notification or document may be given or sent to a body corporate by being given or sent to the secretary or clerk of that body.a partner in the firm; ora person having the control or management of the partnership business.(6) The notification or document may be given or sent to an unincorporated body or association by being given or sent to a member of the governing body of the body or association.in the case of a body corporate, the address of the registered or principal office of the body;in the case of a firm, unincorporated body or association, the address of the principal office of the partnership, body or association;in the case of a person to whom the notification or other document is given or sent in reliance on any of paragraphs (4) to (6) , the proper address of the body corporate, firm or (as the case may be) other body or association in question; andin any other case, the last known address of the person in question.a company registered outside the United Kingdom,a firm carrying on business outside the United Kingdom, oran unincorporated body or association with offices outside the United Kingdom,(9) In this regulation—
  • “document” includes anything in writing;
  • “notification” includes notice; and references to giving or sending a notification or other document to a person include references to transmitting it to that person and to serving it on that person.
regulation 2 applies; andby means of an electronic communications network; orby other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible.(2) The transmission has effect for the purposes of these Regulations as a delivery of the notification or other document to the recipient, but only if the requirements imposed by or under this regulation are complied with.they must have indicated their willingness to receive the notification or other document in a manner mentioned in paragraph (1) (b) ;the transmission must be made in such manner and satisfy such other conditions as they may require; andthe notification or other document must take such form as they may require.the manner in which the transmission is made; andthe form in which the notification or other document is transmitted.the recipient, orthe person on whose behalf the recipient receives the notification or other document,must be given to that person in such manner as that person may require;may be a general indication or one that is limited to notifications or documents of a particular description;must state the address to be used and must be accompanied by such other information as that person requires for the making of the transmission; andmay be modified or withdrawn at any time by a notice given to that person in such manner as that person may require.(7) An indication, requirement or determination given, imposed or made by OFCOM for the purposes of this regulation is to be given, imposed or made by being published in such a manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.(8) Regulation 2(9) applies for the purposes of this regulation as it applies for the purposes of that regulation.
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  • OFCOM may certify one or more monitoring mechanisms to measure the performance of internet access services for the purposes of Article 4(4) of the EU Regulation.
    • (1) F10Subject to paragraph (2A) , OFCOM shall have the power to impose requirements for either or both of the purposes in paragraph (2) .to ensure compliance with Articles 3 and 4 of the EU Regulation;to ensure the continued availability of non-discriminatory internet access services at levels of quality that reflect advances in technology.technical characteristics;minimum quality of service requirements;any other measure that is appropriate and necessary for either or both of the purposes in paragraph (2) .impose a duty on the person or persons to whom the requirement is applied to comply with such directions with respect to the matters to which the requirement relates as may be given from time to time by OFCOM or by another person specified in the requirement;impose a duty with

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