- Latest available (Revised)
- Original (As enacted)
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)
F2Sch. 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)
27AThis Part of this code makes provision for the court to make an order imposing an agreement which provides that code rights are exercisable by an operator for the purpose of providing an electronic communications service to leased premises where—
(a)the rights are required in respect of land which is connected to the leased premises, and
(b)the occupier or another person with an interest in the land has not responded to repeated notices given by the operator seeking agreement to confer or otherwise be bound by the rights.
27B(1)Paragraphs 27C and 27D apply where—
(a)premises within the scope of this Part are occupied under a lease (the “target premises”),
(b)the lessee in occupation requests an operator to provide an electronic communications service to the target premises,
(c)in order to fulfil that request, the operator requires a person (the “required grantor”) to agree—
(i)to confer on the operator a code right in respect of connected land, or
(ii)otherwise to be bound by such a code right exercisable by the operator,
(d)the operator has, on or after the day on which section 1 of the Telecommunications Infrastructure (Leasehold Property) Act 2021 comes fully into force, given the required grantor a notice in accordance with paragraph 20(2) of this code seeking that agreement (the “request notice”), and
(e)the required grantor has not responded to the operator.
(2)Premises are within the scope of this Part if they—
(a)form part of a multiple dwelling building (see paragraph 27I(1)), or
(b)are other premises of a description specified in regulations made by the Secretary of State.
(3)In this Part “connected land”, in relation to the target premises, means land which—
(a)is in common ownership with the target premises (see paragraph 27I(2)), and
(b)is held or used for access to, or otherwise in connection with, the target premises.
(4)For the purposes of this paragraph, the required grantor responds to the operator if the required grantor—
(a)agrees or refuses, in writing, to confer or otherwise be bound by the code right specified in the request notice on the terms that the operator seeks, or
(b)otherwise acknowledges the request notice in writing.
27C(1)Before applying to the court for an order under this Part (a “Part 4A order”) (see paragraph 27E(2)) the operator must, in accordance with this paragraph, give the required grantor—
(a)two warning notices, and
(b)a final notice.
(2)A “warning notice” is a notice in writing which—
(a)includes a copy of the request notice,
(b)states that it is the first or (as the case may be) second of three notices that, unless the required grantor responds to the operator, will allow the operator to apply for a Part 4A order, and
(c)explains the effect of a Part 4A order.
(3)The first warning notice may only be given after the end of the period of seven days beginning with the day on which the request notice was given.
(4)The second warning notice may only be given after the end of the period of seven days beginning with the day on which the first one was given.
(5)A “final notice” is a notice in writing which—
(a)includes a copy of the request notice,
(b)states that unless the required grantor responds to the operator before the end of the period of 14 days beginning with the day on which the final notice is given, the operator intends to apply for a Part 4A order, and
(c)explains the effect of a Part 4A order.
(6)A final notice may only be given within the permitted period.
(7)The “permitted period” means the period which—
(a)begins immediately after the end of whichever of the following ends last—
(i)the period of seven days beginning with the day on which the second warning notice was given;
(ii)the period of 28 days beginning with the day on which the request notice was given, and
(b)ends at the end of the period of 28 days beginning with the day on which the second warning notice was given.
(8)The Secretary of State may by regulations specify other conditions that the operator must satisfy before giving the required grantor a final notice.
27D(1)The operator may apply to the court for a Part 4A order in relation to the code right specified in the request notice if—
(a)the operator has satisfied the notice requirements set out in paragraph 27C,
(b)the period of 14 days beginning with the day on which the final notice was given has ended,
(c)the required grantor has not responded to the operator, and
(d)the operator has satisfied any other specified conditions.
(2)An application for a Part 4A order may not be made after the end of the specified period beginning with the day on which the final notice is given.
(3)The operator must give the required grantor notice of an application for a Part 4A order.
(4)For the purposes of this paragraph, the required grantor responds to the operator if the required grantor—
(a)agrees or refuses, in writing, to confer or otherwise be bound by the code right specified in the request notice on the terms that the operator seeks, or
(b)otherwise acknowledges, in writing, the request notice, a warning notice or the final notice.
(5)In this paragraph “specified” means specified in regulations made by the Secretary of State.
27E(1)The court may make a Part 4A order if (and only if)—
(a)it is satisfied that the requirements for applying for the order have been met, and
(b)the required grantor has not objected to the making of the order.
(2)A Part 4A order is an order which imposes on the operator and the required grantor an agreement between them—
(a)by which the required grantor confers on the operator the code right identified in the request notice in respect of the connected land so identified, or
(b)which provides for the code right identified in that notice, which is exercisable by the operator in respect of the connected land so identified, otherwise to bind the required grantor.
(3)In this code, a “Part 4A code right” means a code right which is conferred by or otherwise binds the required grantor pursuant to an agreement imposed by a Part 4A order.
(4)The terms of an agreement imposed by a Part 4A order are to be those specified in regulations made by the Secretary of State.
(5)Regulations under sub-paragraph (4) must, in particular, provide for an agreement to include terms—
(a)relating to the provision by the operator to the required grantor of details of the works to be carried out in the exercise of the Part 4A code right (“the works”);
(b)relating to the obtaining by the operator of any consent, permit, licence, permission, authorisation or approval which is necessary for the works to be carried out;
(c)relating to the giving of notice by the operator to the required grantor or other specified persons before entering on the connected land in the exercise of the Part 4A code right or carrying out the works;
(d)restricting the operator's right to enter on the connected land to specified times, except in cases of emergency;
(e)as to the manner in which the works are to be carried out by the operator;
(f)relating to the restoration by the operator of the connected land at the end of the works, to the reasonable satisfaction of the required grantor;
(g)relating to the need for insurance cover or indemnification of the required grantor;
(h)relating to the maintenance or upgrading by the operator of apparatus installed on, under or over the connected land in the exercise of the Part 4A code right (“the apparatus”);
(i)imposing requirements or restrictions on the required grantor for the purposes of—
(i)preventing damage to the apparatus,
(ii)facilitating access to the apparatus for the operator, or
(iii)otherwise preventing or minimising disruption to the operation of the apparatus;
(j)relating to assignment of the agreement;
(k)aimed at ensuring that nothing done by the operator in the exercise of the Part 4A code right unnecessarily prevents or inhibits the provision of an electronic communications service by any other operator.
(6)Before making regulations under sub-paragraph (4), the Secretary of State must consult—
(a)operators,
(b)persons appearing to the Secretary of State to represent owners of interests in land who are likely to be affected by the regulations, and
(c)any other persons the Secretary of State thinks appropriate.
(7)In sub-paragraph (5), “specified” mean specified, or of a description specified, in the regulations.
27F(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.
27G(1)A Part 4A code right ceases to be conferred on the operator by, or otherwise to bind, the required grantor—
(a)if a replacement agreement comes into effect, in accordance with that agreement,
(b)if the court decides to refuse an application by the operator for the imposition of a replacement agreement, in accordance with that decision, or
(c)if the right has not ceased to have that effect as mentioned in paragraph (a) or (b) before the end of the specified period beginning with the day on which the agreement imposed by the Part 4A order comes into effect, at the end of that period.
(2)In sub-paragraph (1) a “replacement agreement”, in relation to a Part 4A code right, means an agreement under Part 2 by which the required grantor confers a code right on the operator, or otherwise agrees to be bound by a code right which is exercisable by the operator, where that right is in respect of the same land as the Part 4A code right.
(3)In sub-paragraph (1)(c) “specified period” means the period, of no more than 18 months, specified in regulations made by the Secretary of State.
(4)The required grantor has the right, subject to and in accordance with Part 6 of this code, to require the operator to remove any electronic communications apparatus placed on the connected land in the exercise of a Part 4A code right which has ceased to have effect, or otherwise to bind, the required grantor.
27H(1)This paragraph applies where the court has made a Part 4A order.
(2)The court may, on the application of the required grantor, order the operator to pay compensation to the required grantor for any loss or damage that has been sustained or will be sustained by the required grantor as a result of the exercise by the operator of the Part 4A code right.
(3)An application for an order under this paragraph may be made at any time after the Part 4A order is made (including at a time when the Part 4A code right has ceased to be conferred on the operator by, or otherwise to bind, the required grantor).
(4)An order under this paragraph may—
(a)specify the amount of compensation to be paid by the operator, or
(b)give directions for the determination of any such amount.
(5)Directions under sub-paragraph (4)(b) may provide—
(a)for the amount of compensation to be agreed between the operator and the required grantor;
(b)for any dispute about that amount to be determined by arbitration.
(6)An order under this paragraph may provide for the operator—
(a)to make a lump sum payment,
(b)to make periodical payments,
(c)to make a payment or payments on the occurrence of an event or events, or
(d)to make a payment or payments in such other form or at such other time or times as the court may direct.
(7)Paragraph 84 makes further provision about compensation in the case of a Part 4A order.
27I(1)In this Part—
“connected land” has the meaning given by paragraph 27B(3);
“multiple dwelling building” means a building which contains two or more sets of premises which are used as, or intended to be used as, a separate dwelling;
“Part 4A order” has the meaning given by paragraph 27C(1);
“premises” includes a part of premises;
“request notice” has the meaning given by paragraph 27B(1)(d);
“required grantor” has the meaning given by paragraph 27B(1)(c);
“target premises” has the meaning given by paragraph 27B(1)(a).
(2)For the purposes of this Part, land is in “common ownership” with the target premises if a person with a relevant interest in the land also has a relevant interest (whether or not of the same sort) in the target premises.
(3)For the purposes of sub-paragraph (2), a person has a “relevant interest” in land if—
(a)the person owns the freehold estate in the land (or, in relation to Scotland, is the owner of the land), or
(b)the person is the lessee of the land.]]
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?
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 without Schedules 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 Schedules 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?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: