Citation, commencement and extent

1. —(1) These Regulations may be cited as the Telecommunications Infrastructure (Leasehold Property) (Conditions and Time Limits) Regulations 2022.

(2) These Regulations come into force in relation to England and Wales on 26th December 2022 and in relation to Scotland on 1st July 2023.

(3) These Regulations extend to England and Wales and Scotland.

Interpretation

2. In these Regulations—

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

Other conditions to be satisfied before giving the required grantor a final notice

3. —(1) Before giving the required grantor a final notice( 4 ) under paragraph 27C(1)(b) of the code, the operator( 5 ) must satisfy the conditions in paragraphs (2) to (4).

(2) The operator must inspect the register of title for the connected land under section 66(1) of the Land Registration Act 2002( 6 ), and, if the connected land is registered, the operator must apply for an official copy of each individual register that includes the connected land or any part of that land under rule 134 of the Land Registration Rules 2003( 7 ).

(3) The operator must request that the lessee in occupation referred to in paragraph 27B(1)(b) of the codeprovides the operator with the name and address of the required grantor.

(4) If the operator obtains new information regarding the name or address of the required grantor prior to giving the final notice the operator must withdraw the warning notices( 8 ) given under paragraph 27C(1) of the code and give the warning notices using that new information.

(5) In this paragraph “ new information ” means new information regarding the name or address of the required grantor obtained by the operator under paragraphs (2) or (3) and which the operator reasonably believes is the name and address of the required grantor.

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

4. —(1) The conditions in paragraphs (2) and (3) are specified as conditions which must be satisfied in relation to an application to the court( 9 ) 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( 10 ) 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.

Time limit for an application to the court for a Part 4A order

5. For the purposes of paragraph 27D(2) of the code, the “ specified period ” means a period of 42 days.

Time limit after which a Part 4A code right ceases

6. For the purposes of paragraph 27G(1)(c) of the code, the “ specified period ” means a period of 18 months.