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)
Modifications etc. (not altering text)
C1Sch. 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))
3[F2(1)]For the purposes of this code a “code right”, in relation to an operator and any land, is a right for the statutory purposes—U.K.
(a)to install electronic communications apparatus on, under or over the land,
(b)to keep installed electronic communications apparatus which is on, under or over the land,
(c)to inspect, maintain, adjust, alter, repair, upgrade or operate electronic communications apparatus which is on, under or over the land,
[F3(ca)to share with another operator the use of electronic communications apparatus which the first operator keeps installed on, under or over the land,]
(d)to carry out any works on the land for or in connection with the installation of electronic communications apparatus on, under or over the land or elsewhere,
(e)to carry out any works on the land for or in connection with the maintenance, adjustment, alteration, repair, upgrading or operation of electronic communications apparatus which is on, under or over the land or elsewhere,
[F4(ea)to carry out any works on the land for the purposes of, or in connection with, sharing with another operator the use of electronic communications apparatus which the first operator keeps installed on, under or over the land or elsewhere,]
(f)to enter the land to inspect, maintain, adjust, alter, repair, upgrade or operate any electronic communications apparatus which is on, under or over the land or elsewhere,
[F5(fa)to enter the land for the purposes of, or in connection with, sharing with another operator the use of electronic communications apparatus which the first operator keeps installed on, under or over the land or elsewhere,]
(g)to connect to a power supply,
(h)to interfere with or obstruct a means of access to or from the land (whether or not any electronic communications apparatus is on, under or over the land), or
(i)to lop or cut back, or require another person to lop or cut back, any tree or other vegetation that interferes or will or may interfere with electronic communications apparatus.
[F6(2)In sub-paragraph (1), references to “the first operator” are to the operator mentioned in the opening words of that sub-paragraph.]]
Textual Amendments
F2Sch. 3A para. 3 renumbered as Sch. 3A para. 3(1) (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(2)(a), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)
F3Sch. 3A para. 3(1)(ca) inserted (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(2)(b)(i), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)
F4Sch. 3A para. 3(1)(ea) inserted (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(2)(b)(ii), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)
F5Sch. 3A para. 3(1)(fa) inserted (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(2)(b)(iii), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)
F6Sch. 3A para. 3(2) inserted (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(2)(c), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)