# Communications Act 2003, Paragraph 27B: Circumstances in which an application for an order under this Part can be made

Extent: E+W+S+N.I.

(1) Paragraphs 27C and 27D apply where—
(a) premises within the scope of this Part are occupied under a lease (the “target premises”),
(b) the lessee in occupation requests an operator to provide an electronic communications service to the target premises,
(c) in order to fulfil that request, the operator requires a person (the “required grantor”) to agree—
(i) to confer on the operator a code right in respect of connected land, or
(ii) otherwise to be bound by such a code right exercisable by the operator,
(d) the operator has, on or after the day on which section 1 of the Telecommunications Infrastructure (Leasehold Property) Act 2021 comes fully into force, given the required grantor a notice in accordance with paragraph 20(2) of this code seeking that agreement (the “request notice”), and
(e) the required grantor has not responded to the operator.
(2) Premises are within the scope of this Part if they—
(a) form part of a multiple dwelling building (see paragraph 27I(1)), or
(b) are other premises of a description specified in regulations made by the Secretary of State.
(3) In this Part “connected land”, in relation to the target premises, means land which—
(a) is in common ownership with the target premises (see paragraph 27I(2)), and
(b) is held or used for access to, or otherwise in connection with, the target premises.
(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 the request notice in writing.

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Source: https://www.legislation.gov.uk/ukpga/2003/21/schedule/3A/paragraph/27B (the official version)
Page: https://openlegislation.uk/communications-act-2003/schedule-3A/paragraph-27B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.