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PART 2
Amendment of Principal Act, etc.
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Amendment of section 2 of Principal Act (interpretation).
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3.— Section 2 of the Principal Act is amended as follows:
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(a) by inserting in subsection (1) the following definition after the definition of “Act of 1996”:
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“ ‘ associate ’, in relation to an undertaking, means—
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(a) a holding company of the undertaking, or
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(b) a subsidiary company of the undertaking, or
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(c) a company that is a subsidiary of a body corporate, if the undertaking is also a subsidiary of the body, but neither company is a subsidiary of the other, or
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(d) a body corporate that is not a subsidiary of the undertaking but in respect of which the undertaking is beneficially entitled to more than 20 per cent of the nominal value of either—
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(i) the allotted share capital of the body, or
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(ii) the shares carrying voting rights (other than voting rights which arise only in specified circumstances) of the body,
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or
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(e) a partnership or joint venture in which the undertaking has a financial interest;”;
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(b) by inserting in subsection (1) the following definition after the definition of “associated facilities”:
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“ ‘ association of undertakings ’ means a body corporate that comprises one or more undertakings but is not itself an undertaking;”;
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(c) by inserting in subsection (1) the following definition after the definition of “electronic communications service”:
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“ ‘ end user ’, in relation to an electronic communications service or associated facility, means a person to whom such a service is supplied, or who has asked for the supply of such a service or facility, otherwise than for the purpose of resupply;”;
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(d) by inserting in subsection (1) the following definitions after the definition of “establishment day”:
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“ ‘ failure to comply ’ includes contravene;
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‘ financial year ’, in relation to the Commission, means the financial year of the Commission as specified in or in accordance with section 31A;”;
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(e) by inserting in subsection (1) the following definition after the definition of “prescribed”:
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“ ‘ related enactment ’ means—
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(a) an enactment specified in Part 1 of Schedule 1, or
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(b) a statutory instrument specified in Part 2 of that Schedule, or
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(c) a statutory instrument made by the Minister for the purpose of giving effect to an act of an institution of the European Communities relating to—
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(i) the provision of an electronic communications service, an electronic communications network or associated facility, or
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(ii) the radio frequency spectrum or national numbering resource, or
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(iii) a postal service,
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or
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(d) a statutory instrument made by the Commission under an Act specified in Part 1 of Schedule 1, or
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(e) any Act or statutory instrument declared by a provision of another Act or statutory instrument to be a related enactment for the purposes of this Act;”;
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(f) by inserting in subsection (1) the following definition after the definition of “television set”:
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“ ‘ this Act ’ includes all statutory instruments made under this Act;”;
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(g) by repealing subsection (2).
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