Q&As

Can the provisions of section 20 of the Telecommunications Act 1984 be contracted out of, and if so, is there a standard clause for this?

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Published on LexisPSL on 26/01/2016

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Can the provisions of section 20 of the Telecommunications Act 1984 be contracted out of, and if so, is there a standard clause for this?

The Electronic Communications Code (the Code) appears in Schedule 2 of the Telecommunications Act 1984. The Code provides that a right to require the removal of telecoms equipment (such as base stations or masts) cannot be enforced without going through Code procedures.

Paragraph 27(2) of the Code prevents parties from contracting out of the certain rights conferred by the Code, ie it provides that with the exception of certain provisions, the operation of the Code can be excluded or, more specifically, states:

'(2)The provisions of this code, except paragraphs 8(5) and 21 and sub-paragraph (1) above, shall be without prejudice to any rights or liabilities arising u

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