Communications Act 2003

[F1 13 (1) This paragraph applies to an operator by whom any of the following rights is exercisable in relation to land— U.K.

(a) a code right within paragraph (a) to (g) or (i) of [F2 paragraph 3(1)];

(b) a right under Part 8 (street works rights);

(c) a right under Part 9 (tidal water rights);

(d) a right under paragraph 74 (power to fly lines).

(2) The operator may not exercise the right so as to interfere with or obstruct any means of access to or from any other land unless, in accordance with this code, the occupier of the other land has conferred or is otherwise bound by a code right within paragraph (h) of [F3 paragraph 3(1)].

(3) A reference in this code to a means of access to or from land includes a means of access to or from land that is provided for use in emergencies.

(4) This paragraph does not require a person to whom sub-paragraph (5) applies to agree to the exercise of any code right on land other than the land mentioned in that sub-paragraph.

(5) This sub-paragraph applies to a person who is the occupier of, or owns an interest in, land which is—

(a) a street in England and Wales or Northern Ireland,

(b) a road in Scotland, or

(c) tidal water or lands within the meaning of Part 9 of this 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)

F2 Words in Sch. 3A para. 13(1)(a) substituted (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(5)(a), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)

F3 Words in Sch. 3A para. 13(2) substituted (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(5)(b), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)