SCHEDULES

F1SCHEDULE 3AThe electronic communications code

PART 2Conferral of code rights and their exercise

Access to land

13

(1)

This paragraph applies to an operator by whom any of the following rights is exercisable in relation to land—

(a)

a code right within paragraph (a) to (g) or (i) of F2paragraph 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 F3paragraph 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.