SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 17

Supplementary provisions

Meaning of “occupier”
105
1
References in this code to an occupier of land are to the occupier of the land for the time being.
2
References in this code to an occupier of land, in relation to a footpath or bridleway that crosses and forms part of agricultural land, are to the occupier of that agricultural land.
3
Sub-paragraph (4) applies in relation to land which is—
a
a street in England and Wales or Northern Ireland, other than a footpath or bridleway within sub-paragraph (2), or
b
a road in Scotland, other than such a footpath or bridleway.
4
References in this code to an occupier of land—
a
in relation to such a street in England and Wales, are to the street managers within the meaning of Part 3 of the New Roads and Street Works Act 1991,
b
in relation to such a street in Northern Ireland, are to the street managers within the meaning of the Street Works (Northern Ireland) Order 1995 (
SI
1995/3210 (
NI
19)), and
c
in relation to such a road in Scotland, are to the road managers within the meaning of Part 4 of the New Roads and Street Works Act 1991.
5
Sub-paragraph (6) applies in relation to land which—
a
is unoccupied, and
b
is not a street in England and Wales or Northern Ireland or a road in Scotland.
6
References in this code to an occupier of land, in relation to land within sub-paragraph (5), are to—
a
the person (if any) who for the time being exercises powers of management or control over the land, or
b
if there is no person within paragraph (a), to every person whose interest in the land would be prejudicially affected by the exercise of a code right in relation to the land.
7
In this paragraph—
a
“
agricultural land
” includes land which is being brought into use for agriculture, and
b
references in relation to England and Wales to a footpath or bridleway include a restricted byway.
Sch. 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)
Sch. 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))