109 Restrictions and conditions subject to which code applies

109  Restrictions and conditions subject to which code applies

(1)     Where the electronic communications code is applied in any person's case by a direction given by OFCOM, that code is to have effect in that person's case subject to such restrictions and conditions as may be contained in regulations made by the Secretary of State.

(2)     In exercising his power to make regulations under this section it shall be the duty of the Secretary of State to have regard to each of the following—

(a)     the duties imposed on OFCOM by sections 3 and 4;

(b)     the need to protect the environment and, in particular, to conserve the natural

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