[F137(1)A person with an interest in land (a “landowner”) has the right to require the removal of electronic communications apparatus on, under or over the land if (and only if) one or more of the following conditions are met.U.K.
(2)The first condition is that the landowner has never since the coming into force of this code been bound by a code right entitling an operator to keep the apparatus on, under or over the land.
(3)The second condition is that a code right entitling an operator to keep the apparatus on, under or over the land has come to an end or has ceased to bind the landowner—
(a)as mentioned in paragraph 26(7) and (8),
[F2(aa)as mentioned in paragraph 27G(1) and (4);]
(b)as the result of paragraph 32(1), or
(c)as the result of an order under paragraph 32(4) or 34(4) or (6), or
(d)where the right was granted by a lease to which Part 5 of this code does not apply.
This is subject to sub-paragraph (4).
(4)The landowner does not meet the first or second condition if—
(a)the land is occupied by a person who—
(i)conferred a code right (which is in force) entitling an operator to keep the apparatus on, under or over the land, or
(ii)is otherwise bound by such a right, and
(b)that code right was not conferred in breach of a covenant enforceable by the landowner.
(5)In the application of sub-paragraph (4)(b) to Scotland the reference to a covenant enforceable by the landowner is to be read as a reference to a contractual term which is so enforceable.
(6)The third condition is that—
(a)an operator has the benefit of a code right entitling the operator to keep the apparatus on, under or over the land, but
(b)the apparatus is not, or is no longer, used for the purposes of the operator's network, and
(c)there is no reasonable likelihood that the apparatus will be used for that purpose.
(7)The fourth condition is that—
(a)this code has ceased to apply to a person so that the person is no longer entitled under this code to keep the apparatus on, under or over the land,
(b)the retention of the apparatus on, under or over the land is not authorised by a scheme contained in an order under section 117, and
(c)there is no other person with a right conferred by or under this code to keep the apparatus on, under or over the land.
(8)The fifth condition is that—
(a)the apparatus was kept on, under or over the land pursuant to—
(i)a transport land right (see Part 7), or
(ii)a street work right (see Part 8),
(b)that right has ceased to be exercisable in relation to the land by virtue of paragraph 54(9), and
(c)there is no other person with a right conferred by or under this code to keep the apparatus on, under or over the land.
(9)This paragraph does not affect rights to require the removal of apparatus under another enactment (see paragraph 41).]
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 para. 37(3)(aa) 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), s. 3(3)(b)(4), Sch. para. 4(9); S.I. 2022/1308, reg. 3(c)