SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 4A

Code rights in respect of land connected to leased premises: unresponsive occupiers

Requirements to be met before applying for an order under this Part
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.
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 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)
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))