{
  "url": "https://openlegislation.uk/communications-act-2003/schedule-4/paragraph-4",
  "json_url": "https://openlegislation.uk/communications-act-2003/schedule-4/paragraph-4.json",
  "legislation": "ukpga/2003/21",
  "legislation_title": "Communications Act 2003",
  "legislation_url": "https://openlegislation.uk/communications-act-2003",
  "path": "schedule/4/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) Subject to sub-paragraph (2), the Secretary of State may authorise a code operator to purchase compulsorily any land in Scotland which is required by the operator—\n(a) for, or in connection with, the establishment or running of the operator’s network; or\n(b) as to which it can reasonably be foreseen that it will be so required.\n(2) No order is to be made authorising a compulsory purchase under this paragraph except with OFCOM’s consent.\n(3) This power to purchase land compulsorily includes power to acquire a servitude or other right over land by the creation of a new right.\n(4) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies to any compulsory purchase under this paragraph as if—\n(a) the code operator were a local authority within the meaning of that Act; and\n(b) this paragraph had been in force immediately before the commencement of that Act.\n(5) The provisions of the Town and Country Planning (Scotland) Act 1997 (c. 8) specified in sub-paragraph (6) have effect in relation to land acquired compulsorily by a code operator under this paragraph as they have effect in relation to land acquired compulsorily by statutory undertakers.\n(6) Those provisions are—\n(a) section 197 (provisions as to churches and burial grounds);\n(b) section 198 (use and development of land for open spaces); and\n(c) sections 224 to 227 (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).\n(7) Where a code operator has acquired land under this paragraph, he must not dispose of that land, or of any interest or right in or over it, except with OFCOM’s consent.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 4 para. 4 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 4 para. 4 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "inserted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "words inserted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "inserted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "words inserted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "inserted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/21/schedule/4/paragraph/4",
    "retrieved_at": "2026-10-29T09:18:16.154105+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}