New Electronic Communications Code—terminating and modifying Code rights
New Electronic Communications Code—terminating and modifying Code rights

The following Property guidance note provides comprehensive and up to date legal information covering:

  • New Electronic Communications Code—terminating and modifying Code rights
  • The new Code
  • Defined terms
  • Comparison of provisions in relation to terminating Code rights in previous Code and new Code
  • Does the lease fall within the Code or the Landlord and Tenant Act 1954? (Part 5)
  • Notices under the new Code (Part 15)
  • Statutory continuation of rights under paragraph 30 (Part 5)
  • Terminating Code rights (Part 5)
  • Modifications to existing agreements (Part 5)
  • What order can the court make in respect of termination or modification applications? (Part 5)
  • more

The new Code

This Practice Note sets out how Code rights can be terminated or modified, the steps to be taken and provisions relating to notices. For information in respect of the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement imposed by court order, anti-avoidance provisions as to assigning, sharing and upgrading, and how consideration and any compensation is determined, see Practice Note: New Electronic Communications Code—Code rights.

The new Electronic Communications Code (the ‘new Code’) is governed by and set out in sections 106–119 and the new Schedule 3A Pt 1 of the Communications Act 2003 (CA 2003), which was inserted by section 4 and Schedule 1 of the Digital Economy Act 2017 (DEA 2017). The new Code, which came into force on 28 December 2017, replaces the previous Electronic Communications Code, set out in Schedule 2 of the Telecommunications Act 1984 (TA 1984) (the ‘previous Code’).

The new Code provides important clarification, by way of express provision under the Code and an amendment to the Landlord and Tenant Act 1954 (LTA 1954), that where the primary purpose of a lease granted after the new Code came into force is to grant Code rights, the security of tenure provisions of the LTA 1954 will not apply (see: New Electronic