Search Legislation

Communications Act 2003

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: PART 9

 Help about opening options

Changes to legislation:

Communications Act 2003, PART 9 is up to date with all changes known to be in force on or before 31 March 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

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.

View outstanding changes

Changes and effects yet to be applied to Schedule 3A Part 9:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1PART 9U.K.Conferral of tidal water rights and their exercise

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 Pt. 9 applied by 2010 asp 5, s. 36(1) (as amended (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 56; S.I. 2017/1286, reg. 2(d))

C2Sch. 3A Pt. 9 excluded by 1985 c. 48, s. 8A (as amended (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 22; S.I. 2017/1286, reg. 2(d))

IntroductoryU.K.

60U.K.This Part of this code makes provision about—

(a)the conferral of tidal water rights, and

(b)the exercise of tidal water rights.

Tidal water or landsU.K.

61U.K.In this Part of this code “tidal water or lands” includes—

(a)any estuary or branch of the sea,

(b)the shore below mean high water springs, and

(c)the bed of any tidal water.

Conferral of tidal water rightsU.K.

62(1)An operator may exercise a tidal water right for the statutory purposes.U.K.

(2)But that is subject to the following provisions of this Part of this code.

The tidal water rightsU.K.

63(1)For the purposes of this code a “tidal water right”, in relation to an operator, is—U.K.

(a)a right to install and keep electronic communications apparatus on, under or over tidal water or lands;

(b)a right to inspect, maintain, adjust, alter, repair, upgrade or operate electronic communications apparatus on, under or over the tidal water or lands;

(c)a right to carry out any works on, under or over any tidal water or lands for or in connection with the exercise of a right under paragraph (a) or (b);

(d)a right to enter any tidal water or lands to inspect, maintain, adjust, alter, repair, upgrade or operate electronic communications apparatus which is installed or kept by the exercise of the right under paragraph (a).

(2)The works that may be carried out under sub-paragraph (1)(c) include placing a buoy or seamark.

Exercise of tidal water right: Crown landU.K.

64(1)An operator may not exercise a tidal water right in relation to land in which a Crown interest subsists unless agreement to the exercise of the right in relation to the land has been given in respect of that interest by the appropriate authority in accordance with paragraph 104.U.K.

(2)Where, in connection with an agreement between the operator and the appropriate authority for the exercise of such a right, the operator and the appropriate authority cannot agree the consideration to be paid by the operator, the operator or the appropriate authority may apply to the appointed valuer for a determination of the market value of the right.

(3)An application under sub-paragraph (2) must be made in writing and must include—

(a)the proposed terms of the agreement, and

(b)the reasoned evidence of the operator and of the appropriate authority as to the market value of the right.

(4)As soon as reasonably practicable after receiving such an application, the appointed valuer must—

(a)determine the market value of the tidal water right; and

(b)notify the operator and the appropriate authority in writing of its determination and the reasons for it.

(5)If the agreement mentioned in sub-paragraph (2) or an agreement in substantially the same terms is concluded following a determination under sub-paragraph (4), the consideration payable by the operator must not be more than the market value notified under sub-paragraph (4)(b).

(6)For this purpose the market value of a tidal water right is, subject to sub-paragraph (7), the amount that, at the date the market value is assessed, a willing buyer would pay a willing seller for the right—

(a)in a transaction at arm's length,

(b)on the basis that the buyer and seller were acting prudently and with full knowledge of the transaction, and

(c)on the basis that the transaction was subject to the proposed terms set out in the application.

(7)The market value must be assessed on these assumptions—

(a)that the right that the transaction relates to does not relate to the provision or use of an electronic communications network;

(b)that the right in all other respects corresponds to the tidal water right;

(c)that there is more than one site which the buyer could use for the purpose for which the buyer seeks the right.

(8)The appointed valuer may charge a fee in respect of the consideration of an application under sub-paragraph (4) and may apportion the fee between the operator and the appropriate authority as the appointed valuer considers appropriate.

(9)In this paragraph “the appointed valuer” means—

(a)such person as the operator and the appropriate authority may agree;

(b)if no person is agreed, such person as may be nominated, on the application of the operator or the appropriate authority, by the President of the Royal Institution of Chartered Surveyors.]

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

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?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

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?

You have chosen to open the Whole Act without Schedules

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?

You have chosen to open Schedules only

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?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources