Application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildings
(1) The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 apply (insofar as applicable to other buildings) also to—
(a) educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);
(b) Crown buildings; and
(c) building work carried out or proposed to be carried out by Crown authorities.
(2) In this regulation “educational buildings and buildings of statutory undertakers” means buildings that fall within paragraphs (a), (b) or (c) of section 4(1) of the Act
Exemptions from paragraph R1 of Schedule 1
The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 do not apply to the following types of building or building work—
(a) buildings which are—
(i) listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 section 76 of the Historic Environment (Wales) Act 2023 , or
(ii) in a conservation area designated in accordance with section 69 of that Act section 158 of the Historic Environment (Wales) Act 2023 , or
(iii) included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 section 3 of the Historic Environment (Wales) Act 2023 ,
where compliance with paragraph R1 of Schedule 1 would unacceptably alter their character or appearance;
(b) buildings—
(i) occupied by the Ministry of Defence or the armed forces of the Crown, or
(ii) otherwise occupied for purposes connected to national security;
(c) buildings situated in isolated areas where the prospect of high-speed connection is considered too remote to justify equipping the building with high-speed ready in-building physical infrastructure or an access point;
(d) major renovation works in cases in which the cost of compliance with paragraph R1 of Schedule 1 would be disproportionate to the benefit gained.
Interpretation of Part 9A and of Part R of Schedule 1
In this Part and in Part R of Schedule 1—
“access point” means a physical point, located inside or outside the building, accessible to undertakings providing or authorised to provide public communications networks, where connection to the high-speed ready in-building physical infrastructure , or as the case requires the gigabit-ready physical infrastructure, is made available;
“ gigabit-capable electronic communications network ” means an electronic communications network that is capable of delivering broadband access services at download speeds of at least 1,000 Mbps;
“ gigabit-capable public electronic communications network ” means a public electronic communications network that is a gigabit-capable electronic communications network;
“ gigabit-ready physical infrastructure ” means physical infrastructure or installations, including elements under joint ownership, intended to host wired or wireless gigabit-capable public electronic communications networks;
“high-speed electronic communications network” means an electronic communications network which is capable of delivering broadband access services at speeds of at least 30 Mbps;
“high-speed ready in-building physical infrastructure” means in-building physical infrastructure intended to host elements, or enable delivery, of high-speed electronic communications networks;
“in-building physical infrastructure” means physical infrastructure or installations at the end-user’s location, including elements under joint ownership, intended to host wired or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;
“major renovation works” means works at the end-user’s location encompassing structural modifications of the entire in-building physical infrastructure, or of a significant part of it;
“network termination point” means a physical point at which an occupier is provided with access to high-speed electronic communications networks.
“ public electronic communications network ” has the meaning given by section 151(1) of the Communications Act 2003.
