Session 2014 - 15
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Public Bill Committee Proceedings: 15 January 2015        

37

 

Infrastructure Bill-[ [], continued

 
 

18         

In section 264(5)(ca) (land which is treated as operational land of a statutory

 

undertaker by virtue of planning permission for its development granted by a

 

local development order etc) after “a local development order” insert “, a

 

Mayoral development order”.

 

19  (1)  

Section 303 (fees for planning applications etc) is amended as follows.

 

      (2)  

After subsection (1) insert—

 

“(1ZA)    

The Secretary of State may by regulations make provision for the

 

payment of a fee to—

 

(a)    

the Mayor of London in respect of an application for consent,

 

agreement or approval as mentioned in section 61DB(2) or the

 

giving of advice about such an application;

 

(b)    

a specified person in respect of an application for consent,

 

agreement or approval for which provision is made under

 

section 61DB(4) or the giving of advice about such an

 

application.”

 

      (3)  

After subsection (10) insert—

 

“(10A)    

If the Mayor of London or a specified person calculates the amount of

 

fees in pursuance of provision made by regulations under subsection

 

(1ZA) the Mayor of London or the specified person must secure that,

 

taking one financial year with another, the income from the fees does

 

not exceed the cost of performing the function.”

 

      (4)  

After subsection (11) insert—

 

“(12)    

In this section “specified person” means a person specified by

 

development order under section 61DB(4).”

 

20         

In section 305(1)(a) (contributions by Ministers towards compensation paid by

 

local authorities) after “local authority” insert “, the Mayor of London”.

 

21         

In section 324 (rights of entry) after subsection (1A) insert—

 

“(1B)    

Any person duly authorised in writing by the Secretary of State, a local

 

planning authority or the Mayor of London may at any reasonable time

 

enter any land for the purpose of surveying it in connection with—

 

(a)    

a proposal by a local planning authority to apply to the Mayor

 

of London for the Mayor to make a Mayoral development

 

order, or

 

(b)    

a proposal by the Mayor of London to make a Mayoral

 

development order.”

 

22  (1)  

Section 333 (regulations and orders) is amended as follows.

 

      (2)  

In subsection (4) after “61A(5)” insert “, 61DD(4),”.

 

      (3)  

In subsection (5) after “Wales),” insert “61DD(4),”.

 

23         

In section 336(1) (interpretation) at the appropriate place insert—

 

““relevant local planning authority” is to be construed in accordance with

 

section 61DB(9);”.”

 


 

Mr John Hayes

 

Agreed to  NS2

 

To move the following Schedule


 
 

Public Bill Committee Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

“The electronic communications code

 

1          

This is the Schedule to be inserted before Schedule 4 to the Communications

 

Act 2003—

 

“Schedule 3A

 

Section 106

 

The electronic communications code

 

Part 1

 

Key concepts

 

Introductory

 

1    (1)  

This Part defines some key concepts used in this code.

 

      (2)  

For definitions of other terms used in this code, see—

 

(a)    

paragraph 91 (meaning of “the court”).

 

(b)    

paragraph 101 (meaning of “occupier”),

 

(c)    

paragraph 103 (general interpretation),

 

(d)    

section 32 (meaning of electronic communications

 

networks and services), and

 

(e)    

section 405 (general interpretation).

 

The operator

 

2          

In this code “operator” means—

 

(a)    

where this code is applied in any person’s case by a

 

direction under section 106, that person, and

 

(b)    

where this code applies by virtue of section 106(3)(b), the

 

Secretary of State or (as the case may be) the Northern

 

Ireland department in question.

 

The code rights

 

3          

For the purposes of this code a “code right”, in relation to an

 

operator and any land, is a right for the statutory purposes—

 

(a)    

to install and keep electronic communications apparatus

 

on, under or over the land,

 

(b)    

to inspect, maintain, adjust, alter, repair, upgrade or operate

 

electronic communications apparatus which is on, under or

 

over the land,

 

(c)    

to carry out any works on the land for or in connection with

 

the installation, maintenance, adjustment, alteration, repair,

 

upgrading or operation of electronic communications

 

apparatus,

 

(d)    

to enter the land to inspect, maintain, adjust, alter, repair,

 

upgrade or operate any electronic communications

 

apparatus which is on, under or over the land or elsewhere,

 

(e)    

to connect to a power supply,

 

(f)    

to interfere with or obstruct a means of access to or from the

 

land (whether or not any electronic communications

 

apparatus is on, under or over the land), or


 
 

Public Bill Committee Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

(g)    

to lop or cut back, or require another person to lop or cut

 

back, any tree or other vegetation that interferes or will or

 

may interfere with electronic communications apparatus.

 

The statutory purposes

 

4          

In this code “the statutory purposes”, in relation to an operator,

 

means—

 

(a)    

the purposes of the operation of the operator’s network, or

 

(b)    

the purposes of providing an infrastructure system.

 

Electronic communications apparatus, lines and structures

 

5    (1)  

In this code “electronic communications apparatus” means—

 

(a)    

any apparatus which is designed or adapted for use in

 

connection with the provision of an electronic

 

communications network,

 

(b)    

any apparatus which is designed or adapted for a use which

 

consists of or includes the sending or receiving of

 

communications or other signals that are transmitted by

 

means of an electronic communications network,

 

(c)    

any line, and

 

(d)    

any other structure or thing which is designed or adapted

 

for use in connection with the provision of an electronic

 

communications network.

 

      (2)  

References to the installation of electronic communications

 

apparatus are to be construed accordingly.

 

      (3)  

In this code—

 

“line” means any wire, cable, tube, pipe or similar thing (including its

 

casing or coating) which is designed or adapted for use in

 

connection with the provision of any electronic communications

 

network or electronic communications service;

 

“structure” includes a building only if the sole purpose of that building

 

is to enclose other electronic communications apparatus.

 

The operator’s network

 

6          

In this code “network” in relation to an operator means—

 

(a)    

if the operator falls within paragraph 2(a), so much of any

 

electronic communications network or infrastructure

 

system provided by the operator as is not excluded from the

 

application of the code under section 106(5), and

 

(b)    

if the operator falls within paragraph 2(b), the electronic

 

communications network which the Secretary of State or

 

the Northern Ireland department is providing or proposing

 

to provide.

 

Infrastructure system

 

7          

In this code “infrastructure system” means a system of

 

infrastructure provided so as to be available for use by providers of

 

electronic communications networks for the purposes of the

 

provision by them of their networks.


 
 

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Infrastructure Bill-[ [], continued

 
 

Part 2

 

Conferral of code rights and their exercise

 

Introductory

 

8          

This Part of this code makes provision about—

 

(a)    

the conferral of code rights,

 

(b)    

the persons who are bound by code rights, and

 

(c)    

the exercise of code rights.

 

Who may confer code rights?

 

9          

A code right in respect of land may only be conferred on an operator

 

by an agreement between the occupier of the land and the operator.

 

Who else is bound by code rights?

 

10  (1)  

This paragraph applies if, in accordance with this Part, a code right

 

is conferred on an operator in respect of land by a person (“O”) who

 

is the occupier of the land when the code right is conferred.

 

      (2)  

If O has an interest in the land when the code right is conferred, the

 

code right also binds—

 

(a)    

the successors in title to that interest,

 

(b)    

a person with an interest in the land that is created after the

 

right is conferred and is derived (directly or indirectly) out

 

of—

 

(i)    

O’s interest, or

 

(ii)    

the interest of a successor in title to O’s interest,

 

and

 

(c)    

any other person at any time in occupation of the land

 

whose right to occupation was granted by—

 

(i)    

O, at a time when O was bound by the code right,

 

or

 

(ii)    

a person within paragraph (a) or (b).

 

      (3)  

A successor in title who is bound by a code right by virtue of sub-

 

paragraph (2)(a) is to be treated as a party to the agreement by

 

which O conferred the right.

 

      (4)  

The code right also binds any other person with an interest in the

 

land who has agreed to be bound by it.

 

      (5)  

If such a person (“P”) agrees to be bound by the code right, the code

 

right also binds—

 

(a)    

the successors in title to P’s interest,

 

(b)    

a person with an interest in the land that is created after P

 

agrees to be bound and is derived (directly or indirectly) out

 

of—

 

(i)    

P’s interest, or

 

(ii)    

the interest of a successor in title to P’s interest,

 

and

 

(c)    

any other person at any time in occupation of the land

 

whose right to occupation was granted by—


 
 

Public Bill Committee Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

(i)    

P, at a time when P was bound by the code right, or

 

(ii)    

a person within paragraph (a) or (b).

 

      (6)  

A successor in title who is bound by a code right by virtue of sub-

 

paragraph (5)(a) is to be treated as a party to the agreement by

 

which P agreed to be bound by the right.

 

Requirements for agreements

 

11  (1)  

An agreement under this Part—

 

(a)    

must be in writing,

 

(b)    

must be signed by or on behalf of the parties to it,

 

(c)    

must state for how long the code right is exercisable, and

 

(d)    

must state the period of notice (if any) required to terminate

 

the agreement.

 

      (2)  

Sub-paragraph (1)(a) and (b) also applies to the variation of an

 

agreement under this Part.

 

      (3)  

The agreement as varied must still comply with sub-paragraph

 

(1)(c) and (d).

 

Exercise of code rights

 

12  (1)  

A code right is exercisable only in accordance with the terms

 

subject to which it is conferred.

 

      (2)  

Anything done by an operator in the exercise of a code right

 

conferred under this Part in relation to any land is to be treated as

 

done in the exercise of a statutory power.

 

      (3)  

Sub-paragraph (2) does not apply against a person who—

 

(a)    

is the owner of the freehold estate in the land or the lessee

 

of the land, and

 

(b)    

is not for the time being bound by the code right.

 

      (4)  

In the application of sub-paragraph (3) to Scotland the reference to

 

a person who is the owner of the freehold estate in the land or the

 

lessee of the land is to be read as a reference to a person who is the

 

the owner or the tenant of the land.

 

Access to land

 

13  (1)  

This paragraph applies to an operator by whom any of the following

 

rights is exercisable in relation to land—

 

(a)    

a code right within paragraph (a) to (e) or (g) of paragraph

 

3;

 

(b)    

a right under Part 8 (street works rights);

 

(c)    

a right under Part 9 (tidal water rights);

 

(d)    

a right under paragraph 71 (power to fly lines).

 

      (2)  

The operator may not exercise the right so as to interfere with or

 

obstruct any means of access to or from any other land unless, in

 

accordance with this code, the occupier of the other land has

 

conferred or is otherwise bound by a code right within paragraph (f)

 

of paragraph 3.


 
 

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      (3)  

The reference in sub-paragraph (2) to a means of access to or from

 

land includes a means of access to or from land that is provided for

 

use in emergencies.

 

      (4)  

This paragraph does not require a person to whom sub-paragraph

 

(5) applies to agree to the exercise of any code right on land other

 

than the land mentioned in that sub-paragraph.

 

      (5)  

This sub-paragraph applies to a person who is the occupier of, or

 

owns an interest in, land which is—

 

(a)    

a street in England and Wales or Northern Ireland,

 

(b)    

a road in Scotland, or

 

(c)    

tidal water or lands within the meaning of Part 9.

 

Part 3

 

Assignment of code rights, and upgrading and sharing of apparatus

 

Introductory

 

14         

This Part of this code makes provision for—

 

(a)    

operators to assign code rights conferred by an agreement

 

under Part 2,

 

(b)    

operators to upgrade electronic communications apparatus

 

to which such an agreement relates, and

 

(c)    

operators to share the use of any such electronic

 

communications apparatus.

 

Assignment of code rights

 

15  (1)  

Any agreement under Part 2 of this code is void to the extent that—

 

(a)    

it prevents or limits assignment of the agreement to another

 

operator, or

 

(b)    

it makes assignment of the agreement subject to conditions

 

to be met by the operator (including a condition requiring

 

the payment of money).

 

      (2)  

In its application to England and Wales sub-paragraph (1) does not

 

apply to the following terms of an agreement under Part 2 of this

 

code—

 

(a)    

terms in a lease which require the operator to enter into an

 

authorised guarantee agreement within the meaning of the

 

Landlord and Tenant (Covenants) Act 1995 (see sections

 

16 and 28 of that Act);

 

(b)    

terms in an agreement other than a lease which have a

 

similar effect to terms within paragraph (a).

 

      (3)  

If an operator (“the assignor”) assigns an agreement under Part 2 of

 

this code to another operator (“the assignee”), the assignee is from

 

the date of the assignment bound by the terms of the agreement.

 

      (4)  

The assignor is not liable for any breach of a term of the agreement

 

that occurs after the assignment if (and only if), before the breach

 

took place, the assignor or the assignee gave a notice in writing to

 

the other party to the agreement which—

 

(a)    

identified the assignee, and


 
 

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(b)    

provided a contact address for the assignee.

 

      (5)  

Sub-paragraph (4) is subject to the terms of any authorised

 

guarantee agreement or similar agreement entered into by the

 

assignor as mentioned in sub-paragraph (2).

 

      (6)  

In the application of this paragraph to Scotland references to

 

assignment of an agreement are to be read as references to

 

assignation of an agreement.

 

Power for operator to upgrade or share apparatus

 

16  (1)  

An operator (“the main operator”) who has entered into an

 

agreement under Part 2 of this code may, if the conditions in sub-

 

paragraphs (2) to (4) are met—

 

(a)    

upgrade any of the electronic communications apparatus to

 

which the agreement relates, or

 

(b)    

share the use of any such electronic communications

 

apparatus with another operator.

 

      (2)  

The first condition is that the main operator has exclusive

 

possession of the apparatus.

 

      (3)  

The second condition is that any changes to the apparatus as a result

 

of the upgrading or sharing have no adverse impact on its

 

appearance or no more than a minimal adverse impact on its

 

appearance.

 

      (4)  

The third condition is that the upgrading or sharing imposes no

 

additional burden on the other party to the agreement.

 

      (5)  

For the purposes of sub-paragraph (4) an additional burden includes

 

anything that—

 

(a)    

has an additional adverse effect on the other party’s

 

enjoyment of the land, or

 

(b)    

causes additional damage, expense or inconvenience to that

 

party.

 

      (6)  

Any agreement under Part 2 of this code is void to the extent that—

 

(a)    

it prevents or limits the upgrading or sharing, in a case

 

where the conditions in sub-paragraphs (2) to (4) are met,

 

of any of the electronic communications apparatus to

 

which the agreement relates, or

 

(b)    

it makes upgrading or sharing of such apparatus subject to

 

conditions to met by the operator (including a condition

 

requiring the payment of money).

 

      (7)  

References in this paragraph to sharing electronic communications

 

apparatus include carrying out works to the apparatus to enable

 

such sharing to take place.

 

Effect of agreements enabling sharing between operators and others

 

17  (1)  

This paragraph applies where—

 

(a)    

this code has been applied by a direction under section 106

 

in a person’s case,


 
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