Communications Act 2003 (c. 21)

SCHEDULES

[F1 SCHEDULE 3A U.K. The electronic communications code

Textual Amendments

F1 Sch. 3A inserted (31.7.2017 for the purpose of making regulations under Sch. 3A para. 95, 22.11.2017 but only in relation to Sch. 3A para. 106, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(b)

Modifications etc. (not altering text)

C1 Sch. 3A applied by S.I. 1991/1220 (N.I. 11), art. 104(5) (as substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(c))

[F2 PART 4A U.K. Code rights in respect of land connected to leased premises: unresponsive occupiers

Textual Amendments

F2 Sch. 3A Pt. 4A inserted (15.3.2021 for specified purposes, 26.12.2022 for E.W. in so far as not already in force, 1.7.2023 for S. in so far as not already in force) by Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7), ss. 1, 3(3)(b)(4); S.I. 2022/1308, reg. 3(a)

Circumstances in which an application for an order under this Part can be made U.K.

27B (1) Paragraphs 27C and 27D apply where—

(a) premises within the scope of this Part are occupied under a lease (the “target premises”),

(b) the lessee in occupation requests an operator to provide an electronic communications service to the target premises,

(c) in order to fulfil that request, the operator requires a person (the “required grantor”) to agree—

(i) to confer on the operator a code right in respect of connected land, or

(ii) otherwise to be bound by such a code right exercisable by the operator,

(d) the operator has, on or after the day on which section 1 of the Telecommunications Infrastructure (Leasehold Property) Act 2021 comes fully into force, given the required grantor a notice in accordance with paragraph 20(2) of this code seeking that agreement (the “request notice”), and

(e) the required grantor has not responded to the operator.

(2) Premises are within the scope of this Part if they—

(a) form part of a multiple dwelling building (see paragraph 27I(1)), or

(b) are other premises of a description specified in regulations made by the Secretary of State.

(3) In this Part “connected land”, in relation to the target premises, means land which—

(a) is in common ownership with the target premises (see paragraph 27I(2)), and

(b) is held or used for access to, or otherwise in connection with, the target premises.

(4) For the purposes of this paragraph, the required grantor responds to the operator if the required grantor—

(a) agrees or refuses, in writing, to confer or otherwise be bound by the code right specified in the request notice on the terms that the operator seeks, or

(b) otherwise acknowledges the request notice in writing.]]