{
  "url": "https://openlegislation.uk/draft-telecommunications-infrastructure-leasehold-property-terms-of-agreement-regulations-2022/note",
  "json_url": "https://openlegislation.uk/draft-telecommunications-infrastructure-leasehold-property-terms-of-agreement-regulations-2022/note.json",
  "legislation": "ukdsi/2022/9780348239744",
  "legislation_title": "The Telecommunications Infrastructure (Leasehold Property) (Terms of Agreement) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/draft-telecommunications-infrastructure-leasehold-property-terms-of-agreement-regulations-2022",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThe electronic communications code (“the code”) is set out in Schedule 3A to the Communications Act 2003 (c. 21). Schedule 3A was inserted by Part 2 of the Digital Economy Act 2017 (c. 30). The code replaces the previous code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12).\nThe code sets out the basis on which electronic communications operators authorised by Ofcom under section 106 of the Communications Act 2003 may exercise rights to deploy and maintain their electronic communications apparatus on, over and under land. Electronic communications apparatus is defined in paragraph 5 of the code.\nPart 4A of the code was inserted by section 1 of the Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7). It makes provision for the court to make an order imposing an agreement which provides that code rights are exercisable by an operator for the purposes of providing an electronic communications service to leased premises. The procedure is available where the rights are required in respect of land which is connected to the leased premises and the occupier or another person with an interest in the land has not responded to repeated notices by the operator seeking agreement to confer the rights.\nBefore an order of the court is granted, the operator must follow the procedure set out in the code, read together with the Telecommunications Infrastructure (Leasehold Property) (Conditions and Time Limits) Regulations 2022. They make provision for conditions to be satisfied before giving a final notice to the required grantor and before applying to the court for a Part 4A order. They also specify periods for the expiry of Part 4A code rights and for applying to the court for a Part 4A order.\nAn order of the court under Part 4A imposes on the operator and the required grantor an agreement between them by which the required grantor confers on the operator the code right identified in the request notice in respect of the connected land identified in that notice, or which provides for the code right to otherwise bind the required grantor.\nRegulation 2 provides that the terms of an agreement imposed by a Part 4A order are to be those set out in the Schedule.\nA full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2022/9780348239744/note",
    "retrieved_at": "2026-10-30T14:44:45.354763+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."
}