{
  "url": "https://openlegislation.uk/telecommunications-infrastructure-leasehold-property-conditions-and-time-limits-regulations-2022/note",
  "json_url": "https://openlegislation.uk/telecommunications-infrastructure-leasehold-property-conditions-and-time-limits-regulations-2022/note.json",
  "legislation": "uksi/2022/1057",
  "legislation_title": "The Telecommunications Infrastructure (Leasehold Property) (Conditions and Time Limits) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/telecommunications-infrastructure-leasehold-property-conditions-and-time-limits-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.\nParagraph 27C of the code sets out requirements to be met before applying to the court for a Part 4A order. Regulation 3 specifies other conditions the operator must satisfy before giving a final notice.\nParagraph 27D of the code sets out conditions which an operator must comply with before the operator can make an application to the court. Regulation 4 specifies further conditions with which the operator must comply.\nParagraph 27D(2) of the code provides that an operator cannot apply for a Part 4A order after the end of the specified period beginning with the day on which the final notice is given. Regulation 5 specifies that this period is 42 days.\nParagraph 27G(1)(c) of the code provides that a Part 4A code right ceases to have effect at the end of the specified period beginning on the day when the agreement imposed by the Part 4A order comes into effect, provided the conditions in 27G(1)(a) or (b) are not met earlier. Regulation 6 specifies that this period is 18 months.\nThe terms of the agreement imposed by a Part 4A order are set out in the Telecommunications Infrastructure (Leasehold Property) (Terms of Agreement) Regulations 2022.\nA full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sectors is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2022/1057/note",
    "retrieved_at": "2026-10-28T21:54:56.228036+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."
}