The Electronic Communications Code—Scotland
Produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland

The following Property Disputes practice note produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland provides comprehensive and up to date legal information covering:

  • The Electronic Communications Code—Scotland
  • New Electronic Communications Code
  • Defined terms of the EC Code
  • Transitional provisions
  • New Code—increased rights for operators—Code rights and powers (Part 2)
  • New Code rights—agreements under Part 2 (Part 2)
  • Ofcom’s code of practice and standard terms
  • New Code rights—assignation of agreements by operators (Part 2)
  • New Code rights—site sharing and apparatus upgrade (Part 2)
  • New Code—court-imposed agreements (Part 4)
  • More...

The Electronic Communications Code—Scotland

This Practice Note sets out the extent of the new Electronic Communications Code (the ‘EC 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.

FORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021) came into force on 15 March 2021 for the purposes of empowering the Secretary of State to make regulations in respect of the new Part 4A to be inserted into the Electronic Communications Code contained in Schedule 3A Part 1 to the Communications Act 2003 (the Code). The substantive provisions will come into force on a date to be appointed. Part 4A makes provision for the court to make an order imposing an agreement for Code rights for the purposes of providing electronic communications services to multiple dwelling leased premises. A Part 4A order can be applied for where a tenant in occupation of premises within the scope of Part 4A requests that an operator provides electronic communications services, and the operator has served a prescribed number of, and type of, notices on the required grantor within prescribed timescales seeking agreement to the grant of rights, but the required grantor has not responded or objected. TI(LP)A 2021 also makes various consequential amends to

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