Explanatory Notes

Compatibility with the European Convention on Human Rights

56 The Government considers that the Telecommunications Infrastructure (Leasehold Property) Bill is compatible with the European Convention on Human Rights. Accordingly, the Minister in charge of the Bill has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

"In my view, the provisions of the Bill are compatible with the Convention rights."

57 The Government considers that the Bill engages in particular Article 1, Protocol 1 (A1P1) of the Convention rights, i.e. the right to peaceful enjoyment of possessions. To the extent that that right is engaged and interfered with, the Government considers that the interference is justified, necessary, and proportionate.

58 A1P1 is engaged by the provisions in this Bill, given the relationship between the operator and the required grantor as set out in Part 4A of the Code.

59 However, insofar as there is engagement with A1P1 and may be interference with A1P1 as a result of this Bill, the Government considers that any such interference with A1P1 is justified and proportionate. It is justified by reference to the public interest in the increased provision of telecommunications connectivity, as well as express and implied evidential and procedural protections set out on the face of the Bill.

60 Those include but are not limited to:

a. the notice requirements to be met before applying for an order in paragraph 27C(1);

b. the time limits related to those requirements, as set out in paragraph 27C(3) (4) and (6);

c. the definition of what constitutes how the required grantor "responds" to the operator in paragraph 27B(4) and 27D(4);

d. the condition attached to on the exercise of a Part 4A code right in respect of the connected land for the purposes of providing an electronic communications service to premises other than the target premises, as provided for in paragraph 27F(1)(b); and

e. the duration of the "specified period" for the purposes of paragraph 27G(1)(c) and (3) of a Part 4A code right of no more than 18 months.


Prepared 7th January 2020