Diwygio’r Rheoliadau Adeiladu

regulation 4 + 4.—(1) Mae’r Rheoliadau Adeiladu wedi eu diwygio fel a ganlyn.

(2) Yn Rhan 9A(1)—

regulation 4 2 a + (a)yn lle’r pennawd rhodder “Infrastructure for electronic communications”;

regulation 4 2 b + (b)o flaen rheoliad 44A mewnosoder—

Particulars of connection to public electronic communications network

44ZAA.—(1) This regulation applies to building work consisting of the erection of a dwelling or a building that is to contain one or more dwellings.

(2) Not later than the day before the work described in paragraph (1) starts, the person carrying out that work shall supply to the local authority—

(a)particulars of any public electronic communications network in relation to which a connection is to be provided,

(b)if an exemption in regulation 44ZB is proposed to be relied on, evidence in support of the exemption, and

(c)if regulation 44ZC is proposed to be relied on—

(i)evidence of the matters mentioned in regulation 44ZC(6)(a) and (b), and

(ii)if paragraph RA1(1)(c)(i) or (ii) of Schedule 1 is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, a distribution point for a gigabit-capable public electronic communications network (as defined by regulation 44C) is likely to be installed, in a location relevant for the purposes of paragraph RA1(1)(c), within the period of 2 years beginning with the day on which the notice is given.

Exemptions from paragraphs RA1 and RA2 of Schedule 1

44ZB.—(1)  The requirements of paragraphs RA1 and RA2 of Schedule 1 (gigabit-ready physical infrastructure and connection to gigabit-capable network) do not apply to buildings—

(a)to be occupied by the Ministry of Defence or the armed forces of the Crown, or

(b)to be otherwise occupied for purposes connected to national security.

(2) The requirements of paragraph RA1 of Schedule 1 do not apply in relation to a building if all the following conditions are met—

(a)the building is situated in an area that is isolated from public electronic communications networks of any of the kinds mentioned in regulation 44ZC(2) or (3),

(b)paragraph RA2 of that Schedule does not apply because the case falls within regulation 44ZC(4), and

(c)the prospect of a connection with a network of any of the kinds mentioned in regulation 44ZC(2) or (3) is considered too remote to justify equipping the building with gigabit-ready physical infrastructure or an access point.

Cases in which paragraph RA2 of Schedule 1 modified or excluded

44ZC.—(1)  The requirement in paragraph RA2 of Schedule 1 has effect subject to paragraphs (2) to (4).

(2) Where a person carrying out building work of the kind described in the second column of paragraph RA1 of Schedule 1 (“the developer”)—

(a)is unable to secure the provision of a connection with a gigabit-capable public electronic communications network for a cost not exceeding the cost cap, but

(b)is able to secure the provision of a connection with a high-speed public electronic communications network for such a cost,

paragraph RA2 of Schedule 1 is to be read as requiring the provision of a connection with a high-speed public electronic communications network.

(3) Where the developer—

(a)is unable to secure the provision of a connection with a high-speed public electronic communications network for a cost not exceeding the cost cap, but

(b)is able to secure the provision of a connection with a USO-standard public electronic communications network for such a cost,

paragraph RA2 of Schedule 1 is to be read as requiring the provision of a connection with a USO-standard public electronic communications network.

(4) Where the developer is unable to secure the provision of a connection with a USO-standard public electronic communications network for a cost not exceeding the cost cap, paragraph RA2 of Schedule 1 does not apply.

(5) In paragraphs (2) to (4)—

“high-speed public electronic communications network” means a public electronic communications network that is a high-speed electronic communication network;

“USO-standard public electronic communications network” means a public electronic communications network that provides at least the minimum download speed for the time being specified by virtue of section 65(2B)(a) of the Communications Act 2003(2) in the universal service order (as defined by section 151(1) of that Act).

(6) The developer is to be treated as being able to secure the provision of a connection mentioned in any of paragraphs (2) to (4) for a cost not exceeding the cost cap unless—

(a)the developer has invited at least two suitable providers to make, before the end of the 30th day after the date of the invitation, an offer to provide a connection of the kind mentioned in the paragraph in question, and

(b)none of those providers has before that time offered to provide that connection free of charge or at a cost not exceeding the cost cap.

(7) The cost cap is £2,000 in respect of each dwelling.

(8) In calculating the cost to the developer of securing the provision of a connection—

(a)there is to be included value added tax;

(b)there is to be excluded—

(i)the cost to the developer of installing gigabit-ready physical infrastructure in accordance with paragraph RA1 of Schedule 1,

(ii)administrative costs of the developer, and

(iii)the cost to an end-user (as defined by section 151(1) of the Communications Act 2003) of the provision of a public electronic communications service.

(9) In paragraph (6)(a) “suitable provider” means the provider of a public electronic communications network whom the developer reasonably considers to be likely to be able to provide the connection referred to.”

(3) Yn rheoliad 44C (dehongli Rhan R o Atodlen 1)(3)—

regulation 4 3 a + (a)yn y pennawd, ar ôl “of”, yn y lle cyntaf y mae’n digwydd mewnosoder “Part 9A and of”;

regulation 4 3 b + (b)yn y geiriau agoriadol, ar ôl “In” mewnosoder “this Part and in”;

regulation 4 3 c + (c)yn y diffiniad o “access point”, ar ôl “infrastructure” mewnosoder “, or as the case requires the gigabit-ready physical infrastructure,”;

regulation 4 3 d + (d)ar ôl y diffiniad o “access point” mewnosoder—

““gigabit-capable electronic communications network” means an electronic communications network that is capable of delivering broadband access services at download speeds of at least 1,000 Mbps;

“gigabit-capable public electronic communications network” means a public electronic communications network that is a gigabit-capable electronic communications network;

“gigabit-ready physical infrastructure” means physical infrastructure or installations, including elements under joint ownership, intended to host wired or wireless gigabit-capable public electronic communications networks;”;

regulation 4 3 e + (e)ar ôl y diffiniad o “network termination point” mewnosoder—

““public electronic communications network” has the meaning given by section 151(1) of the Communications Act 2003.”

(4) Yn Atodlen 1 (gofynion), yn Rhan R (seilwaith ffisegol ar gyfer rhwydweithiau cyfathrebu electronig cyflym(4))—

regulation 4 4 a + (a)yn lle’r pennawd rhodder “Infrastructure for electronic communications”;

regulation 4 4 b + (b)o flaen paragraff R1 mewnosoder—

regulation 4 4 c + (c)ym mharagraff R1—

regulation 4 4 c i + (i)yn lle’r pennawd rhodder “High-speed ready in-building physical infrastructure”;

regulation 4 4 c ii + (ii)yn yr ail golofn, ar ôl “work” mewnosoder “, other than building work to which paragraph RA1 applies,”.