Product Security and Telecommunications Infrastructure Act 2022

(27ZB) This Part of this code makes provision for the court to make an order imposing an agreement which provides that code rights are exercisable by an operator in respect of relevant land for the purpose of providing an electronic communications service to premises where the occupier or another person with an interest in the relevant land has not responded to repeated notices given by the operator seeking agreement to confer or otherwise be bound by the rights. (27ZC) (1) Paragraphs 27ZD and 27ZE apply where— (a) an operator intends to provide an electronic communications service to premises (“the relevant premises”), (b) in order to provide that service, the operator— (i) needs to install electronic communications apparatus under or over relevant land, and (ii) does not need to install electronic communications apparatus on the relevant land, (c) in order to install and operate that apparatus, the operator requires a person (the “required grantor”) to agree— (i) to confer on the operator a code right in respect of the relevant land, or (ii) otherwise to be bound by such a code right exercisable by the operator, (d) the operator has, on or after the day on which section 67 of the Product Security and Telecommunications Infrastructure Act 2022 comes fully into force, given the required grantor a notice in accordance with paragraph 20(2) of this code seeking that agreement (the “request notice”), and (e) the required grantor has not responded to the operator. (2) But paragraphs 27ZD and 27ZE do not apply where— (a) the relevant premises are premises within the scope of Part 4A which are occupied under a lease, and (b) the relevant land is “connected land” within the meaning of paragraph 27B(3) in relation to the relevant premises. (3) In this Part “relevant land” means— (a) land that is not covered by buildings or used as a garden, park or other recreational area, or (b) land that is covered by buildings or is used as a garden, park or other recreational area and is of a description specified in regulations made by the Secretary of State. (4) Before making regulations under sub-paragraph (3)(b), the Secretary of State must consult— (a) operators, (b) persons appearing to the Secretary of State to represent owners of interests in land who are likely to be affected by the regulations, and (c) any other persons the Secretary of State thinks appropriate. (5) For the purposes of this paragraph, the required grantor responds to the operator if the required grantor— (a) agrees or refuses, in writing, to confer or otherwise be bound by the code right mentioned in the request notice on the terms that the operator seeks, or (b) otherwise acknowledges the request notice in writing. (27ZD) (1) Before applying to the court for an order under this Part (a “Part 4ZA order”) (see paragraph 27ZF(2)) the operator must, in accordance with this paragraph, give the required grantor— (a) two warning notices, and (b) a final notice. (2) A “warning notice” is a notice in writing which— (a) includes a copy of the request notice, (b) states that it is the first or (as the case may be) second of three notices that, unless the required grantor responds to the operator, will allow the operator to apply for a Part 4ZA order, (c) explains the effect of a Part 4ZA order, and (d) contains any other specified information. (3) The first warning notice may only be given after the end of the period of 14 days beginning with the day on which the request notice was given. (4) The second warning notice may only be given after the end of the period of 14 days beginning with the day on which the first one was given. (5) A “final notice” is a notice in writing which— (a) includes a copy of the request notice, (b) states that unless the required grantor responds to the operator before the end of the specified period, the operator intends to apply for a Part 4ZA order, (c) explains the effect of a Part 4ZA order, and (d) contains any other specified information. (6) A final notice may only be given within the permitted period. (7) The “permitted period” means the period which— (a) begins immediately after the end of the period of 14 days beginning with the day on which the second warning notice was given, and (b) ends at the end of the period of 28 days beginning with the day on which the second warning notice was given. (8) The Secretary of State may by regulations specify other conditions that the operator must satisfy before giving the required grantor a final notice. (9) In this paragraph “specified” means specified in regulations made by the Secretary of State. (27ZE) (1) The operator may apply to the court for a Part 4ZA order in relation to the code right mentioned in the request notice if— (a) no Part 4ZA order imposing an agreement between the operator and the required grantor in respect of the code right sought in the request notice has previously been made, (b) the operator has satisfied the notice requirements set out in paragraph 27ZD, (c) the period within which the required grantor must respond to the final notice has ended (see paragraph 27ZD(5)(b)), (d) the required grantor has not responded to the operator, and (e) the operator has satisfied any other specified conditions. (2) An application for a Part 4ZA order must be accompanied by such evidence as may be specified. (3) An application for a Part 4ZA order may not be made after the end of the specified period beginning with the day on which the final notice is given. (4) The operator must give the required grantor notice of an application for a Part 4ZA order. (5) For the purposes of this paragraph, the required grantor responds to the operator if the required grantor— (a) agrees or refuses, in writing, to confer or otherwise be bound by the code right mentioned in the request notice on the terms that the operator seeks, or (b) otherwise acknowledges, in writing, the request notice, a warning notice or the final notice. (6) In this paragraph “specified” means specified in regulations made by the Secretary of State. (27ZF) (1) The court may make a Part 4ZA order if (and only if)— (a) it is satisfied that the requirements for applying for the order have been met, and (b) the required grantor has not objected to the making of the order. (2) A Part 4ZA order is an order which imposes on the operator and the required grantor an agreement between them— (a) by which the required grantor confers on the operator the code right identified in the request notice in respect of the relevant land so identified, or (b) which provides for the code right identified in that notice, which is exercisable by the operator in respect of the relevant land so identified, otherwise to bind the required grantor. (3) In this code, a “Part 4ZA code right” means a code right which is conferred by or otherwise binds the required grantor pursuant to an agreement imposed by a Part 4ZA order. (4) The terms of an agreement imposed by a Part 4ZA order are to be those specified in regulations made by the Secretary of State. (5) Regulations under sub-paragraph (4) must, in particular, provide for an agreement to include terms— (a) relating to the provision by the operator to the required grantor of details of the works to be carried out in the exercise of the Part 4ZA code right (“the works”); (b) relating to the obtaining by the operator of any consent, permit, licence, permission, authorisation or approval which is necessary for the works to be carried out; (c) relating to the giving of notice by the operator to the required grantor or other specified persons before entering on the relevant land in the exercise of the Part 4ZA code right or carrying out the works; (d) restricting the operator’s right to enter on the relevant land to specified times, except in cases of emergency; (e) as to the manner in which the works are to be carried out by the operator; (f) relating to the restoration by the operator of the relevant land at the end of the works, to the reasonable satisfaction of the required grantor; (g) relating to the need for insurance cover or indemnification of the required grantor; (h) prohibiting the operator from installing apparatus on the relevant land (so that the operator may only install apparatus under or over the relevant land) in the exercise of the Part 4ZA code right; (i) relating to the maintenance or upgrading by the operator of apparatus installed under or over the relevant land (“the apparatus”); (j) imposing requirements or restrictions on the required grantor for the purposes of— (i) preventing damage to the apparatus, (ii) facilitating access to the apparatus for the operator, or (iii) otherwise preventing or minimising disruption to the operation of the apparatus; (k) relating to assignment of the agreement; (l) aimed at ensuring that nothing done by the operator in the exercise of the Part 4ZA code right unnecessarily prevents or inhibits the provision of an electronic communications service by any other operator. (6) Before making regulations under sub-paragraph (4), the Secretary of State must consult— (a) operators, (b) persons appearing to the Secretary of State to represent owners of interests in land who are likely to be affected by the regulations, and (c) any other persons the Secretary of State thinks appropriate. (7) In sub-paragraph (5), “specified” means specified, or of a description specified, in the regulations. (27ZG) (1) A Part 4ZA code right ceases to be conferred on the operator by, or otherwise to bind, the required grantor— (a) if a replacement agreement comes into effect, in accordance with that agreement, (b) if the court decides to refuse an application by the operator for the imposition of a replacement agreement, in accordance with that decision, or (c) if the right has not ceased to have that effect as mentioned in paragraph (a) or (b) before the end of the specified period beginning with the day on which the agreement imposed by the Part 4ZA order comes into effect, at the end of that period. (2) In sub-paragraph (1) a “replacement agreement”, in relation to a Part 4ZA code right, means an agreement under Part 2 by which the required grantor confers a code right on the operator, or otherwise agrees to be bound by a code right which is exercisable by the operator, where that right is in respect of the same land as the Part 4ZA code right. (3) In sub-paragraph (1)(c) “specified period” means the period, of no more than 6 years, specified in regulations made by the Secretary of State. (4) The required grantor has the right, subject to and in accordance with Part 6 of this code, to require the operator to remove any electronic communications apparatus placed under or over the relevant land in the exercise of a Part 4ZA code right which has ceased to be conferred on the operator by, or otherwise to bind, the required grantor. (27ZH) (1) This paragraph applies where the court has made a Part 4ZA order. (2) The court may, on the application of the required grantor, order the operator to pay compensation to the required grantor for any loss or damage that has been sustained or will be sustained by the required grantor as a result of the exercise by the operator of the Part 4ZA code right. (3) An application for an order under this paragraph may be made at any time after the Part 4ZA order is made (including at a time when the Part 4ZA code right has ceased to be conferred on the operator by, or otherwise to bind, the required grantor). (4) An order under this paragraph may— (a) specify the amount of compensation to be paid by the operator, or (b) give directions for the determination of any such amount. (5) Directions under sub-paragraph (4)(b) may provide— (a) for the amount of compensation to be agreed between the operator and the required grantor; (b) for any dispute about that amount to be determined by arbitration. (6) An order under this paragraph may provide for the operator— (a) to make a lump sum payment, (b) to make periodical payments, (c) to make a payment or payments on the occurrence of an event or events, or (d) to make a payment or payments in such other form or at such other time or times as the court may direct. (7) Paragraph 84 makes further provision about compensation in the case of a Part 4ZA order. (27ZI) In this Part— - “Part 4ZA order” has the meaning given by paragraph 27ZD(1); - “premises” includes a part of premises; - “request notice” has the meaning given by paragraph 27ZC(1)(d); - “required grantor” has the meaning given by paragraph 27ZC(1)(c).

• (2) The Schedule contains consequential amendments.

Interim arrangements

Arrangements pending determination of certain applications under code

68

• (1) Paragraph 35 of the electronic communications code (arrangements pending determination of an application under paragraph 32 or 33) is amended as follows.

• (2) In sub-paragraph (2)—

• (a) at the end of paragraph (a) insert “or”, and

• (b) omit paragraph (c) (and the “or” preceding it).

• (3) After sub-paragraph (2) insert—

(2A) The operator or the site provider may apply to the court for— (a) an order specifying the payments of consideration to be made by the operator to the site provider under the agreement relating to the existing code right until the application for an order under paragraph 32(1)(b) or 33(5) has been finally determined; (b) an order otherwise modifying the terms of that agreement until that time. (2B) An order under sub-paragraph (2A)(a) may provide for the order to have effect from the date of the application for the order.

• (4) In sub-paragraph (3), for “under sub-paragraph (2)(c)” substitute “referred to in sub-paragraph (2A)(a)”.

• (5) After sub-paragraph (3) insert—

(4) In determining whether to make an order under sub-paragraph (2A)(b), the court must have regard to all the circumstances of the case, and in particular to— (a) the terms of the agreement relating to the existing code right, (b) the operator’s business and technical needs, (c) the use that the site provider is making of the land to which the agreement relates, (d) any duties imposed on the site provider by an enactment, and (e) the amount of consideration payable by the operator to the site provider under the agreement.

• (6) In the italic heading before paragraph 35, omit “for payment”.

Disputes under the electronic communications code

Use of alternative dispute resolution

69

• (1) The electronic communications code is amended as follows.

• (2) In paragraph 20 (power of court to impose agreement)—

• (a) after sub-paragraph (2) insert—

(2A) The notice must also— (a) contain information about the availability of alternative dispute resolution in the event that the operator and the relevant person are unable to reach agreement, and (b) explain the possible consequences of refusing to engage in alternative dispute resolution.

;

• (b) after sub-paragraph (4) insert—

(5) Before applying for an order under this paragraph, the operator must, if it is reasonably practicable to do so, consider the use of one or more alternative dispute resolution procedures to reach agreement with the relevant person. (6) The operator or the relevant person may at any time give the other a notice in writing stating that the operator or the relevant person (as the case may be) wishes to engage in alternative dispute resolution with the other in relation to the agreement sought by the operator.

• (3) In paragraph 32 (effect of notice to terminate an agreement)—

• (a) after sub-paragraph (3) insert—

(3A) The counter-notice must also— (a) contain information about the availability of alternative dispute resolution in the event that the operator and the site provider are unable to reach agreement, and (b) explain the possible consequences of refusing to engage in alternative dispute resolution.

;

• (b) after sub-paragraph (5) insert—

(6) Before applying under sub-paragraph (1)(b) for an order under paragraph 34 the operator must, if it is reasonably practicable to do so, consider the use of one or more alternative dispute resolution procedures to reach agreement with the site provider. (7) The operator or the site provider may at any time give the other party to the agreement a notice in writing stating that the operator or the site provider (as the case may be) wishes to engage in alternative dispute resolution with the other party to the agreement in relation to the site provider’s notice under paragraph 31.

• (4) In paragraph 33 (modifying the terms of an expired agreement)—

• (a) after sub-paragraph (3) insert—

(3A) Where the notice is given by an operator, it must also— (a) contain information about the availability of alternative dispute resolution in the event that the operator and the site provider are unable to reach agreement, and (b) explain the possible consequences of refusing to engage in alternative dispute resolution.

;

• (b) after sub-paragraph (5) insert—

(6) Before applying under sub-paragraph (5) for an order under paragraph 34 the operator or the site provider (as the case may be) must, if it is reasonably practicable to do so, consider the use of one or more alternative dispute resolution procedures to reach agreement with the other party. (7) The operator or the site provider may at any time give the other party to the agreement a notice in writing stating that the operator or the site provider (as the case may be) wishes to engage in alternative dispute resolution with the other party to the agreement in relation to the notice mentioned in sub-paragraph (1).

• (5) In paragraph 96 (award of costs by tribunal), in sub-paragraph (2)—

• (a) the wording after “in particular” becomes paragraph (a), and

• (b) at the end of that paragraph insert

, and (b) any unreasonable refusal by a party to engage in alternative dispute resolution.

Complaints relating to the conduct of operators

70

In paragraph 103 of the electronic communications code (duty for OFCOM to prepare code of practice), in sub-paragraph (1), after paragraph (c) insert—

(ca) the handling by operators of complaints relating to the failure of operators to comply with the code of practice;

.

Proceedings relating to code disputes

Jurisdiction of First-tier Tribunal in relation to code proceedings in Wales

71

In paragraph 95(1) of the electronic communications code (power to confer jurisdiction on other tribunals)—

• (a) in paragraph (a), at the end insert “or the Upper Tribunal”;

• (b) in paragraph (aa), for the words from “, but only” to the end substitute “or the Upper Tribunal”;

• (c) omit paragraph (b).

Power to impose time limits on the determination of code proceedings

72

In Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and services), after section 119 insert—

(119A) (1) The Secretary of State may by regulations provide for specified proceedings falling within subsection (2) to be determined within a specified period. (2) The proceedings falling within this subsection are any proceedings in which there falls to be determined any question arising under, or in connection with— (a) the electronic communications code as applied in any person’s case by a direction under section 106, or (b) any restriction or condition subject to which that code applies. (3) Regulations made under subsection (1) may in particular— (a) amend or revoke provision made by the Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), and (b) amend or repeal any of the following provisions (which provide signposts to those regulations)— (i) paragraph 2A of Schedule 3 to the New Roads and Street Works Act 1991; (ii) section 107(1A) of this Act; (iii) paragraph 97 of Schedule 3A to this Act; (iv) section 69(5A) of the Marine and Coastal Access Act 2009; (v) section 27(6A) of the Marine (Scotland) Act 2010. (4) In this section “specified” means specified in the regulations.

Rights of network providers in relation to infrastructure

Rights of network providers in relation to infrastructure

73

• (1) The Communications Act 2003 is amended as follows.

• (2) After section 148 (powers of local authorities in connection with networks) insert—

(148A) (1) The Secretary of State may by regulations make provision conferring rights on network providers in relation to relevant infrastructure for the purpose of facilitating the development of public electronic communications networks. (2) The provision that may be made by regulations under subsection (1) includes (among other things)— (a) provision requiring a person to grant network providers access to relevant infrastructure for specified purposes if specified conditions are met; (b) provision requiring a person to provide network providers with information relating to relevant infrastructure, or land on, over or under which that infrastructure is installed, for specified purposes if specified conditions are met; (c) provision in relation to the carrying out of works of a specified description; (d) provision about requests by network providers for rights conferred by the regulations; (e) provision about the treatment of information provided in accordance with the regulations; (f) provision about disputes under the regulations; (g) provision enabling or requiring a specified person to issue guidance relating to the regulations; (h) provision about such guidance, including (among other things)— (i) provision about the publication of guidance; (ii) provision requiring specified persons, or persons of a specified description, to be consulted about the guidance; (iii) provision about reviewing the guidance; (i) provision requiring regulations under subsection (1) to be reviewed at specified intervals. (3) The provision that may be made by virtue of subsection (2)(d) includes (among other things)— (a) provision about the procedure by which a network provider may make a request for rights conferred by the regulations, including provision requiring a network provider to comply with requirements imposed by a specified person in relation to the making of such a request; (b) provision about the form in which a request is to be made, including provision for a specified person to make provision about the form of requests; (c) provision about the refusal of requests, including provision about the circumstances in which a request may or must be refused; (d) provision imposing a duty on a Minister of the Crown to give an opinion in relation to the refusal of a request; (e) provision about the effect of such an opinion, including provision for the opinion to be binding on specified persons, or persons of a specified description, in specified circumstances. (4) The provision that may be made by virtue of subsection (2)(f) includes (among other things) provision about— (a) the procedure for the resolution of disputes; (b) the appointment of a person to determine disputes; (c) the powers of a person when determining disputes; (d) time limits within which disputes must be determined; (e) appeals in respect of decisions relating to disputes. (5) Regulations under subsection (1) may provide for any provision of the regulations to apply in relation to land in which there subsists, or at any material time subsisted, a Crown interest as it applies in relation to land in which no such interest subsists. (6) Regulations made under subsection (1) may in particular amend or revoke any provision made by the Communications (Access to Infrastructure) Regulations 2016 (S.I. 2016/700). (7) Before making regulations under subsection (1) the Secretary of State must consult— (a) OFCOM; (b) such other persons as the Secretary of State considers appropriate. (8) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (9) In this section— - “Crown interest” has the same meaning as in the electronic communications code (see paragraph 104(2) of the code); - “Minister of the Crown” has the meaning given by section 8(1) of the Ministers of the Crown Act 1975; - “network provider” means a person who provides, or intends to provide, a public electronic communications network; - “public utility” means any of the following— gas; electricity; heating; water; - “relevant infrastructure” means infrastructure that is used for the purpose of providing any of the following— an electronic communications network; a service consisting of the production, transportation, transmission or distribution of a public utility; a service consisting of the disposal or treatment of waste water and sewage; drainage systems; public lighting; a transport service; - “specified” means specified in the regulations.

• (3) In section 402 (power of Secretary of State to make orders and regulations), in subsection (2)(a), after “regulations under section” insert “148A or”.

Supplementary provision

Power to make consequential amendments

74

• (1) The Secretary of State may by regulations make provision that is consequential on any provision made by this Part.

• (2) The power to make regulations under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed before, or in the same session of Parliament as, this Act.

• (3) In this section “primary legislation” means—

• (a) an Act of Parliament;

• (b) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru;

• (c) an Act of the Scottish Parliament;

• (d) Northern Ireland legislation.

• (4) Regulations under this section that amend or repeal any primary legislation are subject to the affirmative resolution procedure.

• (5) Any other regulations under this section are subject to the negative resolution procedure.

Meaning of “the electronic communications code”

75

In this Part, “the electronic communications code” means the electronic communications code set out in Schedule 3A to the Communications Act 2003.

PART 3 — Final provisions

Power to make transitional or saving provision

76

• (1) The Secretary of State may by regulations make such transitional or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

• (2) Regulations under this section may (among other things) make any adaptations of any provisions of this Act brought into force that appear to be appropriate in consequence of other provisions of this Act not yet having come into force.

Regulations

77

• (1) Any power of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.

• (2) Regulations under this Act may—

• (a) make different provision for different purposes;

• (b) contain supplementary, incidental, consequential, transitional or saving provision.

• (3) Subsection (2) does not apply to regulations under section 79 (see instead subsection (3) of that section).

• (4) Where regulations under this Act are subject to the “negative resolution procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Where regulations under this Act are subject to the “affirmative resolution procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

• (6) Any provision that may be included in an instrument under this Act subject to the negative resolution procedure may be made by regulations subject to the affirmative resolution procedure.

Extent

78

• (1) Except as provided by subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland.

• (2) Any amendment or repeal made by this Act has the same extent within the United Kingdom as the provision amended or repealed.

• (3) His Majesty may by Order in Council provide for any of the provisions of Part 1 or this Part (so far as relating to Part 1) to extend, with or without modifications, to—

• (a) the Isle of Man;

• (b) any British overseas territory.

Commencement

79

• (1) The following provisions of this Act come into force on the day on which this Act is passed—

• (a) section 27;

• (b) sections 76 to 78, this section and section 80;

• (c) any power to make regulations under or by virtue of this Act.

• (2) The remaining provisions of this Act come into force in accordance with provision contained in regulations made by the Secretary of State.

• (3) Regulations under this section may make different provision for different purposes.

Short title

80

This Act may be cited as the Product Security and Telecommunications Infrastructure Act 2022.

SCHEDULE

1

The Communications Act 2003 is amended as follows.

2

In section 402 (powers of Secretary of State to make orders and regulations), in subsection (2A), before paragraph (a) insert—

(za) regulations under paragraph 27ZC(3)(b) of Schedule 3A; (zb) regulations under paragraph 27ZF(4) of Schedule 3A;

.

3

• (1) Schedule 3A (the electronic communications code) is amended as follows.

• (2) In paragraph 10 (persons bound by code rights)—

• (a) in sub-paragraph (1), after “under this Part” insert “, Part 4ZA”;

• (b) in sub-paragraph (4), after “under this Part” insert “, Part 4ZA”.

• (3) In paragraph 12(2) (exercise of code rights), after “this Part” insert “, Part 4ZA”.

• (4) In paragraph 19(a) (power of court to impose agreement), after “see also” insert “Part 4ZA and”.

• (5) In paragraph 21 (test to be applied by the court)—

• (a) in sub-paragraph (1), for “sub-paragraph (5)” substitute “sub-paragraphs (5) and (6)”;

• (b) after sub-paragraph (5) insert—

(6) In deciding whether to make an order under paragraph 20 in circumstances where there is, or has been, an agreement under Part 4ZA or Part 4A between the operator and the relevant person in relation to the land to which the code right would relate, the court must take into account any breaches by the operator of its obligations under that agreement.

• (6) In paragraph 23(2A) (terms of an agreement imposed under paragraph 20), after “an order under” insert “Part 4ZA or”.

• (7) In paragraph 26 (interim code rights)—

• (a) in sub-paragraph (1A), before “a relevant Part 4A agreement” insert “a relevant Part 4ZA agreement or”;

• (b) for sub-paragraph (1B) substitute—

(1B) In sub-paragraph (1A)— (a) “relevant Part 4ZA agreement” means an agreement imposed by an order under Part 4ZA by which the person— (i) confers a Part 4ZA code right on the operator, or (ii) otherwise agrees to be bound by a Part 4ZA code right which is exercisable by the operator, where the Part 4ZA code right is in respect of the same land as the code right mentioned in sub-paragraph (1), and (b) “relevant Part 4A agreement” means an agreement imposed by an order under Part 4A by which the person— (i) confers a Part 4A code right on the operator, or (ii) otherwise agrees to be bound by a Part 4A code right which is exercisable by the operator, where the Part 4A code right is in respect of the same land as the code right mentioned in sub-paragraph (1).

;

• (c) in sub-paragraph (8), after “placed on” insert “, under or over”.

• (8) In paragraph 27G (expiry of Part 4A code rights), in sub-paragraph (4)—

• (a) after “placed on” insert “, under or over”;

• (b) for “have effect” substitute “be conferred on the operator by”.

• (9) In paragraph 37(3) (landowner’s right to require removal of electronic communications apparatus), after paragraph (a) insert—

(aza) as mentioned in paragraph 27ZG(1) and (4),

.

• (10) In paragraph 84(1) (compensation where agreement imposed or apparatus removed), after paragraph (a) insert—

(aza) the power in paragraph 27ZH(2) (compensation where Part 4ZA order made);

.

• (11) In paragraph 108(1) (general interpretation), after the definition of “Part 4A code right” insert—

• “Part 4ZA code right” has the meaning given by paragraph 27ZF(3);

.

Power to specify security requirements

Further provision about regulations under section 1

Power to deem compliance with security requirements

Relevant connectable products

Types of product that may be relevant connectable products

Excepted products

Relevant persons

Duty to comply with security requirements

Statements of compliance

Duty to investigate potential compliance failures

Duties to take action in relation to compliance failure

Duty to maintain records

Duties to take action in relation to manufacturer’s compliance failure

Duty to comply with security requirements

Statements of compliance

Duty not to supply products where compliance failure by manufacturer

Duty to investigate potential compliance failures of importer or manufacturer

Duties to take action in relation to importer’s compliance failure

Duties to take action in relation to manufacturer’s compliance failure

Duty to maintain records of investigations

Duty to comply with security requirements

Statements of compliance

Duty not to supply products where compliance failure by manufacturer

Duties to take action in relation to distributor’s compliance failures

Duties to take action in relation to manufacturer’s compliance failure

Enforcement of Part 1

Delegation of enforcement functions

Compliance notices

Stop notices

Recall notices

Power to vary or revoke enforcement notices

Failure to comply with enforcement notice

Appeals against enforcement notices

Compensation for notices wrongly given

Appeals against decisions under section 34

Monetary penalties

Determining the amount of a penalty

The relevant maximum

Penalty notices: further provision

Enforcement of penalty notices

Appeals against penalty notices

Forfeiture

Further provision about forfeiture

Appeals against decisions under section 42

Power to inform public about compliance failures

Power to publish details of enforcement action taken against relevant persons

Power to recall products

Disclosure of information

Offence of purporting to act as authorised to exercise enforcement function

Means of giving notices

Liability of authorised representatives

Offences by directors, partners etc

Guidance

Meaning of “UK consumer connectable product”

Meaning of “supply”

Meaning of other expressions used in Part 1

Rights under the electronic communications code to share apparatus

Upgrading and sharing of apparatus: subsisting agreements

Upgrading and sharing of apparatus installed before 29 December 2003

Power to fly lines from apparatus kept by another operator

Rent under tenancies conferring code rights: England and Wales

Rent under tenancies conferring code rights: Northern Ireland

Compensation relating to code rights: England and Wales

Compensation relating to code rights: Northern Ireland

Jurisdiction of court in relation to tenancies in England and Wales

Refusal of application for code rights on grounds of national security etc

Unresponsive occupiers

Arrangements pending determination of certain applications under code

Use of alternative dispute resolution

Complaints relating to the conduct of operators

Jurisdiction of First-tier Tribunal in relation to code proceedings in Wales

Power to impose time limits on the determination of code proceedings

Rights of network providers in relation to infrastructure

Power to make consequential amendments

Meaning of “the electronic communications code”

Power to make transitional or saving provision

Regulations

Extent

Commencement

Short title

Editorial notes