# Communications Act 2003, Paragraph 27C: Requirements to be met before applying for an order under this Part


(1) Before applying to the court for an order under this Part (a “Part 4A order”) (see paragraph 27E(2)) the operator must, in accordance with this paragraph, give the required grantor—
(a) two warning notices, and
(b) a final notice.
(2) A “warning notice” is a notice in writing which—
(a) includes a copy of the request notice,
(b) states that it is the first or (as the case may be) second of three notices that, unless the required grantor responds to the operator, will allow the operator to apply for a Part 4A order, and
(c) explains the effect of a Part 4A order.
(3) The first warning notice may only be given after the end of the period of seven days beginning with the day on which the request notice was given.
(4) The second warning notice may only be given after the end of the period of seven days beginning with the day on which the first one was given.
(5) A “final notice” is a notice in writing which—
(a) includes a copy of the request notice,
(b) states that unless the required grantor responds to the operator before the end of the period of 14 days beginning with the day on which the final notice is given, the operator intends to apply for a Part 4A order, and
(c) explains the effect of a Part 4A order.
(6) A final notice may only be given within the permitted period.
(7) The “permitted period” means the period which—
(a) begins immediately after the end of whichever of the following ends last—
(i) the period of seven days beginning with the day on which the second warning notice was given;
(ii) the period of 28 days beginning with the day on which the request notice was given, and
(b) ends at the end of the period of 28 days beginning with the day on which the second warning notice was given.
(8) The Secretary of State may by regulations specify other conditions that the operator must satisfy before giving the required grantor a final notice.

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

