- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Communications Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Textual Amendments
F1Sch. 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)
8U.K.This Part of this code makes provision about—
(a)the conferral of code rights,
(b)the persons who are bound by code rights, and
(c)the exercise of code rights.
9[F2(1)]A code right in respect of land may only be conferred on an operator by an agreement between the occupier of the land and the operator.U.K.
[F3(2)But in a case where an operator (“the first operator”) has the right to share the use of electronic communications apparatus with another operator (“the second operator”) under or by virtue of an agreement under this Part, sub-paragraph (1) does not prevent the agreement from providing for the first operator to permit the second operator to exercise, in connection with the sharing, a code right conferred on the first operator by the agreement.]
Textual Amendments
F2Sch. 3A para. 9 renumbered as Sch. 3A para. 9(1) (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(4)(a), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)
F3Sch. 3A para. 9(2) inserted (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(4)(b), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)
10(1)This paragraph applies if, [F4in accordance with this Part] [F4pursuant to an agreement under this Part or Part 4A], a code right is conferred on an operator in respect of land by a person (“O”) who is the occupier of the land when the code right is conferred.U.K.
(2)If O has an interest in the land when the code right is conferred, the code right also binds—
(a)the successors in title to that interest,
(b)a person with an interest in the land that is created after the right is conferred and is derived (directly or indirectly) out of—
(i)O's interest, or
(ii)the interest of a successor in title to O's interest, and
(c)any other person at any time in occupation of the land whose right to occupation was granted by—
(i)O, at a time when O was bound by the code right, or
(ii)a person within paragraph (a) or (b).
(3)A successor in title who is bound by a code right by virtue of sub-paragraph (2)(a) is to be treated as a party to the agreement by which O conferred the right.
(4)The code right also binds any other person with an interest in the land who has [F5, pursuant to an agreement under this Part or Part 4A,] agreed to be bound by it.
(5)If such a person (“P”) agrees to be bound by the code right, the code right also binds—
(a)the successors in title to P's interest,
(b)a person with an interest in the land that is created after P agrees to be bound and is derived (directly or indirectly) out of—
(i)P's interest, or
(ii)the interest of a successor in title to P's interest, and
(c)any other person at any time in occupation of the land whose right to occupation was granted by—
(i)P, at a time when P was bound by the code right, or
(ii)a person within paragraph (a) or (b).
(6)A successor in title who is bound by a code right by virtue of sub-paragraph (5)(a) is to be treated as a party to the agreement by which P agreed to be bound by the right.
Textual Amendments
F4Words in Sch. 3A para. 10(1) substituted (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), s. 3(3)(b)(4), Sch. para. 4(2)(a); S.I. 2022/1308, reg. 3(c)
F5Words in Sch. 3A para. 10(4) 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), s. 3(3)(b)(4), Sch. para. 4(2)(b); S.I. 2022/1308, reg. 3(c)
11(1)An agreement under this Part—U.K.
(a)must be in writing,
(b)must be signed by or on behalf of the parties to it,
(c)must state for how long the code right is exercisable, and
(d)must state the period of notice (if any) required to terminate the agreement.
(2)Sub-paragraph (1)(a) and (b) also applies to the variation of an agreement under this Part.
(3)The agreement as varied must still comply with sub-paragraph (1)(c) and (d).
12(1)A code right is exercisable only in accordance with the terms subject to which it is conferred.U.K.
(2)Anything done by an operator in the exercise of a code right conferred under this Part [F6or Part 4A] in relation to any land is to be treated as done in the exercise of a statutory power.
(3)Sub-paragraph (2) does not apply against a person who—
(a)is the owner of the freehold estate in the land or the lessee of the land, and
(b)is not for the time being bound by the code right.
(4)Sub-paragraph (2) does not apply against a person who has the benefit of a covenant or agreement entered into as respects the land, if—
(a)the covenant or agreement was entered into under a enactment, and
(b)by virtue of the enactment, it binds or will bind persons who derive title or otherwise claim—
(i)under the covenantor, or
(ii)under a party to the agreement.
(5)In the application of sub-paragraph (3) to Scotland the reference to a person who is the owner of the freehold estate in the land is to be read as a reference to a person who is the owner of the land.
Textual Amendments
F6Words in Sch. 3A para. 12(2) 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), s. 3(3)(b)(4), Sch. para. 4(3); S.I. 2022/1308, reg. 3(c)
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 [F7paragraph 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 [F8paragraph 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
F7Words 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)
F8Words 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)
14U.K.Where an enactment requires interests, charges or other obligations affecting land to be registered, the provisions of this code about who is bound by a code right have effect whether or not that right is registered.]
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys