Paragraph 38 F1

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

Sch. 3A Pt. 4ZA inserted by Product Security and Telecommunications Infrastructure Act 2022 s. 67(1)
Sch. 3A para. 103(1)(ca) inserted by Product Security and Telecommunications Infrastructure Act 2022 s. 70
Sch. 3A para. 95(1)(a) words inserted by Product Security and Telecommunications Infrastructure Act 2022 s. 71(a)
Sch. 3A para. 95(1)(aa) words substituted by Product Security and Telecommunications Infrastructure Act 2022 s. 71(b)
Sch. 3A para. 95(1)(b) omitted by Product Security and Telecommunications Infrastructure Act 2022 s. 71(c)
Sch. 3A para. 119A inserted by Product Security and Telecommunications Infrastructure Act 2022 s. 72
Sch. 3A para. 10(1) words inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(2)(a)
Sch. 3A para. 10(4) words inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(2)(b)
Sch. 3A para. 12(2) words inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(3)
Sch. 3A para. 19(a) words inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(4)
Sch. 3A para. 21(1) words substituted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(5)(a)
Sch. 3A para. 21(6) inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(5)(b)
Sch. 3A para. 23(2A) words inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(6)
Sch. 3A para. 26(1A) words inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(7)(a)
Sch. 3A para. 26(1B) substituted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(7)(b)
Sch. 3A para. 26(8) words inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(7)(c)
Sch. 3A para. 27G(4) words inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(8)(a)
Sch. 3A para. 27G(4) words substituted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(8)(b)
Sch. 3A para. 37(3)(aza) inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(9)
Sch. 3A para. 84(1)(aza) inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(10)
Sch. 3A para. 108(1) words inserted by Product Security and Telecommunications Infrastructure Act 2022 Sch. para. 3(11)

(1)

A landowner or occupier of any land (“neighbouring land”) has the right to require the removal of electronic communications apparatus kept on, under or over other land in exercise of a right mentioned in paragraph 13(1), if both of the following conditions are met.

(2)

The first condition is that the apparatus interferes with or obstructs a means of access to or from the neighbouring land.

(3)

The second condition is that the landowner or occupier of the neighbouring land is not bound by a code right within F2paragraph 3(1)(h) entitling an operator to cause the interference or obstruction.

(4)

A landowner of neighbouring land who is not the occupier of the land does not meet the second condition if—

(a)

the land is occupied by a person who—

(i)

conferred a code right (which is in force) entitling an operator to cause the interference or obstruction, or

(ii)

is otherwise bound by such a right, and

(b)

that code right was not conferred in breach of a covenant enforceable by the landowner.

(5)

In the application of sub-paragraph (4)(b) to Scotland the reference to a covenant enforceable by the landowner is to be read as a reference to a contractual term which is so enforceable.

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: Words in Sch. 3A para. 38(3) substituted (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(6), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(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))

Notes on Part 6

Modifications

C1: Sch. 3A Pt. 6 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 32 para. 33(2) (with Sch. 32 para. 32(1))
C2: Sch. 3A Pt. 6 applied by 1985 c. 68, s. 298(2) (as amended (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 19; S.I. 2017/1286, reg. 2(d))
C3: Sch. 3A Pt. 6 excluded by 1996 c. 61, Sch. 15 Pt. 4 para. 2(1) (as amended (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 38(3); S.I. 2017/1286, reg. 2(d))