Previous Next

Contents page 20-29 30-39 40-48 50-59 60-69 70-79 80-89 90-99 100-109 110-119 120-128 130-139 140-149 150-159 160-169 170-179 Last page

Infrastructure BillPage 120

(b) information relating to electricity generation at a renewable
electricity generation facility.

Possible buyers of stakes

22 Information regulations may make provision about the supply of
5information by, or to, individuals and groups who are, or may be, interested
in exercising the right to buy (were it available to them).

Prospective buyers of stakes

23 Information regulations may make provision about the supply of
information by, or to, individuals and groups who are entitled to exercise the
10right to buy.

Applicants for stakes

24 Information regulations may make provision about the supply of
information by, or to, individuals and groups who are exercising the right to
buy.

15Owners of stakes

25 Information regulations may make provision about the supply of
information by, or to, individuals and groups who hold—

(a) stakes which they have bought through the right to buy, or

(b) stakes which they have acquired after their sale through the right to
20buy.

Part 4 Supplementary

Interpretation

26 In this Schedule—

Infrastructure BillPage 121

Section 38

SCHEDULE 7 The licensing levy

The amount of the levy

1 Regulations may provide for the licensing levy payable in respect of a
5charging period to increase or decrease over that period.

Basis of amount

2 Regulations may provide for an amount of licensing levy payable by a
licence holder to be calculated by reference to the size of an area to which an
energy industry licence held by that person relates.

10Amounts payable by different categories of licence holders

3 Regulations may provide for different categories of licence holders to pay—

(a) different amounts of licensing levy, or

(b) amounts of licensing levy calculated, set or determined in different
ways.

15Exemptions

4 Regulations may provide for a category of licence holder to be exempt from
payment of the licensing levy.

Unpaid levy

5 (1) Regulations may provide for interest (at a rate specified in, or determined
20under, the regulations) to be charged in respect of unpaid amounts of
licensing levy.

(2) Regulations may provide for unpaid amounts of licensing levy (together
with any interest charged) to be recoverable as a civil debt.

Conferral of functions

6 25Regulations may confer a function (including a function involving the
exercise of a discretion) on—

(a) the Secretary of State, or

(b) any other person, apart from the Scottish Ministers or the Welsh
Ministers.

30Categories of licence holders

7 (1) Regulations (including regulations of the kinds mentioned in paragraphs 3
and 4) may provide for a category of licence holder to consist of persons who
hold a kind of energy industry licence specified in the regulations.

(2) The regulations may (in particular) specify any of the following kinds of
35energy industry licence—

(a) licences granted under a particular enactment;

(b) licences of a particular description granted under a particular
enactment;

Infrastructure BillPage 122

(c) licences, or licences of a particular description (including a
description falling within paragraph (a) or (b)), granted—

(i) before a particular time,

(ii) after a particular time, or

(iii) 5during a particular period.

Interpretation

8 In this Schedule—

Section 49

SCHEDULE 8 The electronic communications code

1 15This is the Schedule to be inserted before Schedule 4 to the Communications
Act 2003—

Section 106

Schedule 3A The electronic communications code

Part 1 Key concepts

20Introductory

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) 25paragraph 103 (general interpretation),

(d) section 32 (meaning of electronic communications
networks and services), and

(e) section 405 (general interpretation).

The operator

2 30In 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
35Ireland department in question.

Infrastructure BillPage 123

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
5on, 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
10with 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
15apparatus 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
20apparatus is on, under or over the land), or

(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 25In 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) 30In 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
35which 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
40for 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—

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
10electronic 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
15the 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
20of electronic communications networks for the purposes of the
provision by them of their networks.

Part 2 Conferral of code rights and their exercise

Introductory

8 25This 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 30A 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
35is 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,

Infrastructure BillPage 125

(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) 5the 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) 10a 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
15land 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
20agrees 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
25whose right to occupation was granted by—

(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
30which 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) 35must 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) 40The 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.

Infrastructure BillPage 126

(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) 5is 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
10lessee 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) 15a 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) 20The 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.

(3) 25The 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
30than 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) 35tidal 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) 40operators 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

Infrastructure BillPage 127

(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
5that—

(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
10the 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
15authorised 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) 20If 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
25that 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

(b) provided a contact address for the assignee.

(5) 30Sub-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
35assignation 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) 40upgrade 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
45possession of the apparatus.

Infrastructure BillPage 128

(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) 5The 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
10enjoyment 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) 15it 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
20conditions 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.

25Effect 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,

(b) this code expressly or impliedly imposes a limitation on
30the use to which electronic communications apparatus
installed by that person may be put or on the purposes for
which it may be used, and

(c) that person is a party to a relevant agreement or becomes a
party to an agreement which (after the person has become
35a party to it) is a relevant agreement.

(2) The limitation does not preclude—

(a) the doing of anything in relation to that apparatus, or

(b) its use for particular purposes,

to the extent that the doing of that thing, or the use of the
40apparatus for those purposes, is in pursuance of the relevant
agreement.

(3) This paragraph is not to be construed, in relation to a person who
is entitled or authorised by or under a relevant agreement to share
the use of apparatus installed by another party to the agreement,
45as affecting any consent requirement imposed (whether by an
agreement, an enactment or otherwise) on that person.

(4) In this paragraph—

(5) An agreement satisfies the requirements of this sub-paragraph
15if—

(a) every party to the agreement is a person in whose case this
code applies by virtue of a direction under section 106, or

(b) one or more of the parties to the agreement is a person in
whose case this code so applies and every other party to
20the agreement is a qualifying person.

(6) A person is a qualifying person for the purposes of sub-paragraph
(5) if the person is either—

(a) a person who provides an electronic communications
network without being a person in whose case this code
25applies, or

(b) a designated provider of an electronic communications
service consisting in the distribution of a programme
service by means of an electronic communications
network.

(7) 30In sub-paragraph (6)

35Part 4 Power of court to impose agreement

Introductory

18 This Part of this code makes provision about—

(a) the circumstances in which the court can impose an
40agreement on a person by which the person confers or is
otherwise bound by a code right,

(b) the test to be applied by the court in deciding whether to
impose such an agreement,

(c) the effect of such an agreement and its terms,

(d) 45the imposition of an agreement on a person on an interim
or temporary basis.

Previous Next

Contents page 20-29 30-39 40-48 50-59 60-69 70-79 80-89 90-99 100-109 110-119 120-128 130-139 140-149 150-159 160-169 170-179 Last page