Regulation 4 Other conditions to be satisfied before applying to the court for a Part 4A order

(1)

The conditions in paragraphs (2) and (3) are specified as conditions which must be satisfied in relation to an application to the court^f1 for a Part 4A order, as set out under paragraph 27D(1)(d).

(2)

The operator must have retained for the court’s inspection copies of the following notices given to the required grantor—

(a)

the request notice given in accordance with paragraph 20(2) of the code,

(b)

the two warning notices given in accordance with paragraph 27C(1) of the code, and

(c)

the final notice given in accordance with paragraph 27C(1) of the code.

(3)

The operator must have retained for the court’s inspection—

(a)

evidence that each notice referred to in paragraph (2) was given in accordance with the relevant provisions of the code,

(b)

evidence of a request to provide an electronic communications service^f2 to the target premises by a lessee in occupation under paragraph 27B(1)(b) of the code, and

(c)

evidence of compliance with regulation 3.

Annotations

Footnotes

f1: “court” is defined in paragraph 94 of Schedule 3A to the Communication Act 2003 as amended by the Electronic Communications Code (Jurisdiction) Regulations 2017 (S.I. 2017/1284). Those regulations have been further amended by paragraphs 5 to 8 of the Schedule to the Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7).
f2: “electronic communications service” is defined in subsections (2), (2A) and (2B) of section 32 of the Communications Act 2003.