SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 12

Rights to object to certain apparatus

When and by whom can a right to object be exercised?
77
1
A right to object under this Part of this code is available where, pursuant to the right in paragraph 62, an operator keeps electronic communications apparatus installed on, under or over tidal water or lands within the meaning of Part 9 of this code.
2
In that case a person has a right to object under this Part of this code if the person—
a
is an occupier of, or has an interest in, the tidal water or lands,
b
is not bound by a code right enabling the operator to keep the apparatus installed on, under or over the tidal water or lands, and
c
is not a person with the benefit of a Crown interest in the tidal water or lands.
3
A right to object under this Part of this code is available where an operator keeps a line installed over land pursuant to the right in
paragraph 74(2) or (2A)
.
4
In that case a person has a right to object under this Part of this code if the person—
a
is an occupier of, or has an interest in, the land, and
b
is not bound by a code right enabling the operator to keep the apparatus installed over the land.
5
A right to object under this Part of this code is available where—
a
electronic communications apparatus is kept on or over land for the purposes of an operator's network, and
b
the whole or any part of that apparatus is at a height of three metres or more above the ground.
6
In that case a person has a right to object under this Part of this code if—
a
the person is an occupier of, or has an interest in, any neighbouring land, and
b
because of the nearness of the neighbouring land to the land on or over which the apparatus is kept—
i
the enjoyment of the neighbouring land is capable of being prejudiced by the apparatus, or
ii
any interest in that land is capable of being prejudiced by the apparatus.
7
There is no right to object under this Part of this code in respect of electronic communications apparatus if the apparatus—
a
replaces any electronic communications apparatus which is not substantially different from the new apparatus, and
b
is not in a significantly different position.
Words in Sch. 3A para. 77(3) substituted (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 60(7), 79(2); S.I. 2023/109, reg. 2(b)
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))