OpenLegislation

Paragraph 27F Exercise of Part 4A code rightsF1F2

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A Part 4A code right may be exercised by the operator in respect of the connected land for the provision of an electronic communications service to—

(a)

the target premises, and

(b)

other premises, but only if the provision of the service to the other premises in addition to the target premises imposes no additional burden on the required grantor.

(2)

For the purposes of sub-paragraph (1)(b), an additional burden includes anything that—

(a)

has an additional adverse effect on the required grantor's enjoyment of the connected land, or

(b)

causes additional loss, damage or expense to the required grantor.

Annotations

Textual amendments

F1

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)

F2

Sch. 3A Pt. 4A inserted (15.3.2021 for specified purposes, 26.12.2022 for E.W. in so far as not already in force, 1.7.2023 for S. in so far as not already in force) by Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7), ss. 1, 3(3)(b)(4); S.I. 2022/1308, reg. 3(a)

Notes on Schedule 3A

Modifications

C1

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))