SCHEDULES
C1F1SCHEDULE 3AThe electronic communications code
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))
F2PART 4ACode rights in respect of land connected to leased premises: unresponsive occupiers
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)
27FExercise of Part 4A code rights
1
A Part 4A code right may be exercised by the operator in respect of the connected land for the provision of an electronic communications service to—
a
the target premises, and
b
other premises, but only if the provision of the service to the other premises in addition to the target premises imposes no additional burden on the required grantor.
2
For the purposes of sub-paragraph (1)(b), an additional burden includes anything that—
a
has an additional adverse effect on the required grantor's enjoyment of the connected land, or
b
causes additional loss, damage or expense to the required grantor.
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)