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SCHEDULES

[F1SCHEDULE 3AU.K.The electronic communications code

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)

PART 6U.K.Rights to require removal of electronic communications apparatus

Modifications etc. (not altering text)

C3Sch. 3A Pt. 6 applied by 1985 c. 68, s. 298(2) (as amended (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 19; S.I. 2017/1286, reg. 2(d))

C4Sch. 3A Pt. 6 excluded by 1996 c. 61, Sch. 15 Pt. 4 para. 2(1) (as amended (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 38(3); S.I. 2017/1286, reg. 2(d))

How does a landowner or occupier find out whether apparatus is on land pursuant to a code right?U.K.

39(1)A landowner may by notice require an operator to disclose whether—U.K.

(a)the operator owns electronic communications apparatus on, under or over land in which the landowner has an interest or uses such apparatus for the purposes of the operator's network, or

(b)the operator has the benefit of a code right entitling the operator to keep electronic communications apparatus on, under or over land in which the landowner has an interest.

(2)A landowner or occupier of neighbouring land may by notice require an operator to disclose whether—

(a)the operator owns electronic communications apparatus on, under or over land that forms (or, but for the apparatus, would form) a means of access to the neighbouring land, or uses such apparatus for the purposes of the operator's network, or

(b)the operator has the benefit of a code right entitling the operator to keep electronic communications apparatus on, under or over land that forms (or, but for the apparatus, would form) a means of access to the neighbouring land.

(3)The notice must comply with paragraph 89 (notices given by persons other than operators).

(4)Sub-paragraph (5) applies if—

(a)the operator does not, before the end of the period of three months beginning with the date on which the notice under sub-paragraph (1) or (2) was given, give a notice to the landowner or occupier that—

(i)complies with paragraph 88 (notices given by operators), and

(ii)discloses the information sought by the landowner or occupier,

(b)the landowner or occupier takes action under paragraph 40 to enforce the removal of the apparatus, and

(c)it is subsequently established that—

(i)the operator owns the apparatus or uses it for the purposes of the operator's network, and

(ii)the operator has the benefit of a code right entitling the operator to keep the apparatus on, under or over the land.

(5)The operator must nevertheless bear the costs of any action taken by the landowner or occupier under paragraph 40 to enforce the removal of the apparatus.]