SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 7

Conferral of transport land rights and their exercise

What happens to the transport land rights if land ceases to be transport land?
54
1
This paragraph applies if an operator is exercising a transport land right in relation to land immediately before a time when it ceases to be transport land.
2
After that time, this Part of this code — except for paragraph 53 — continues to apply to the land as if it were still transport land (and, accordingly, the operator may continue to exercise any transport land right in relation to the land as if it were still transport land).
3
But sub-paragraph (2) is subject to sub-paragraphs (4) to (9).
4
In the application of this Part of this code to land in accordance with sub-paragraph (2), references to the transport undertaker have effect as references to the occupier of the land.
5
The application of this Part of this code to land in accordance with sub-paragraph (2) does not authorise the operator—
a
to cross the land with any line that is not in place at the time when the land ceases to be transport land, or
b
to install and keep any line or other electronic communications apparatus that is not in place at the time when the land ceases to be transport land.
6
But sub-paragraph (5) does not affect the power of the operator to replace an existing line or other apparatus (whether in place at the time when the land ceased to be transport land or a replacement itself authorised by this sub-paragraph) with a new line or apparatus which—
a
is not substantially different from the existing line or apparatus, and
b
is not in a significantly different position.
7
The occupier of the land may, at any time after the land ceases to be transport land, give the operator notice specifying a date on which this Part of this code is to cease to apply to the land in accordance with this paragraph (“notice of termination”).
8
That date specified in the notice of termination must fall after the end of the period of 12 months beginning with the day on which the notice of termination is given.
9
On the date specified in notice of termination in accordance with sub-paragraph (8), the transport land rights cease to be exercisable in relation to the land in accordance with this paragraph.
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))