SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 13

Rights to lop trees

Rights to lop trees
82
1
This paragraph applies where—
a
a tree or other vegetation overhangs a street in England and Wales or Northern Ireland or a road in Scotland, and
b
the tree or vegetation—
i
obstructs, or will or may obstruct, relevant electronic communications apparatus, or
ii
interferes with, or will or may interfere with, such apparatus.
2
In sub-paragraph (1) “
relevant electronic communications apparatus
” means electronic communications apparatus which—
a
is installed, or about to be installed, on land, and
b
is used, or to be used, for the purposes of an operator's network.
3
The operator may, by notice to the occupier of the land on which the tree or vegetation is growing, require the tree to be lopped or the vegetation to be cut back to prevent the obstruction or interference.
4
If, within the period of 28 days beginning with the day on which the notice is given, the occupier gives the operator a counter-notice objecting to the lopping of the tree or cutting back of the vegetation, the notice has effect only if confirmed by an order of the court.
5
Sub-paragraph (6) applies if at any time a notice under sub-paragraph (3) has not been complied with and—
a
the period of 28 days beginning with the day on which the notice was given has expired without a counter-notice having been given, or
b
an order of the court confirming the notice has come into force.
6
The operator may cause the tree to be lopped or the vegetation to be cut back.
7
Where the operator lops a tree or cuts back vegetation in exercise of the power in sub-paragraph (6) the operator must do so in a husband-like manner and in such a way as to cause the minimum damage to the tree or vegetation.
8
Sub-paragraph (9) applies where—
a
a notice under sub-paragraph (3) is complied with (either without a counter-notice having been given or after the notice has been confirmed), or
b
the operator exercises the power in sub-paragraph (6).
9
The court must, on an application made by a person who has sustained loss or damage in consequence of the lopping of the tree or cutting back of the vegetation or who has incurred expenses in complying with the notice, order the operator to pay that person such compensation in respect of the loss or damage as it thinks fit.
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))