Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
After Part 4 of Schedule 3A to the Communications Act 2003 (the electronic communications code) insert—
The Schedule contains related amendments.
Subject to subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland.
The amendments made by paragraphs 5 to 8 of the Schedule extend to England and Wales and Scotland.
The following provisions come into force on the day on which this Act is passed—
this section;
any other provision of this Act so far as necessary for enabling the exercise, on or after that day, of any power to make regulations under Part 4A of Schedule 3A to the Communications Act 2003 (as inserted by section 1).
The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.
Different days may be appointed for different purposes.
The Secretary of State may by regulations make transitional provision in connection with the coming into force of any provision of this Act.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Telecommunications Infrastructure (Leasehold Property) Act 2021.
Related amendments
Communications Act 2003
The Communications Act 2003 is amended as follows.
In section 134 (restrictions in leases and licences), in subsection (8), for the definition of “lease” substitute—.
In section 402 (orders and regulations)—
in subsection (2), for paragraph (aa) substitute—;
in subsection (2A)—
for “regulations under paragraph 95 of Schedule 3A which amend, repeal or modify the application of primary legislation,” substitute “ any of the following ”;
at the end insert
Schedule 3A (the electronic communications code) is amended as follows.
In paragraph 10—
in sub-paragraph (1), for “in accordance with this Part” substitute “ pursuant to an agreement under this Part or Part 4A ”;
in sub-paragraph (4), after “who has” insert “ , pursuant to an agreement under this Part or Part 4A, ”.
In paragraph 12(2), after “Part” insert “ or Part 4A ”.
In paragraph 19(a)—
for “the circumstances” substitute “ certain circumstances ”;
at the end insert “ (see also Part 4A) ”.
In paragraph 20(2)(a), after “code right,” insert “ the land to which it relates ”.
In paragraph 23, after sub-paragraph (2) insert—
In paragraph 26—
after sub-paragraph (1) insert—;
in sub-paragraph (6), in the words before paragraph (a), after “Paragraphs” insert “ 20(3), 22, ”.
In paragraph 27(6), in the words before paragraph (a), after “Paragraphs” insert “ 20(3), 22, ”.
In paragraph 37(3), after paragraph (a) insert—.
In paragraph 84(1), after paragraph (a) insert—.
In paragraph 95(1), after paragraph (a) insert—.
In paragraph 108(1)—
for the definition of “lease” substitute—;
before the definition of “relevant person” insert—.
Electronic Communications Code (Jurisdiction) Regulations 2017 (S.I. 2017/1284)
The Electronic Communications Code (Jurisdiction) Regulations 2017 are amended as follows.
In regulation 2(1) (interpretation), after the definition of “the code” insert—.
Regulation 3 (conferral of jurisdiction on tribunals) is amended as follows.
The existing text becomes paragraph (1).
In that paragraph—
in the words before sub-paragraph (a), after “Subject to” insert “ paragraph (2) and ”;
for sub-paragraphs (a) and (b) (including the final “and”) substitute—;
omit the words after sub-paragraph (c).
After that paragraph insert—
Regulation 4 (jurisdiction for commencement of proceedings) is amended as follows.
In the heading, for “relevant” substitute “ certain ”.
The existing text becomes paragraph (1).
After that paragraph insert—
The amendments made by paragraphs 5 to 8 do not limit the provision that may be made by regulations under paragraph 95 of the code.
In paragraph 9, “the code” means the electronic communications code set out in Schedule 3A to the Communications Act 2003.