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(5) Sub-paragraph (6) applies if it is not practicable, for the purposes
of giving a notice under this code, to find out after reasonable
enquiries the name and address of the owner of an interest in land.

(6) A notice may be given under this code to the owner—

(a) 5by addressing it to a person by the description of “owner”
of the interest (and describing the interest and the land),
and

(b) by delivering it to a person who is on the land or, if there is
no person on the land to whom it can be delivered, by
10affixing it, or a copy of it, to a conspicuous object on the
land.

Part 16 Enforcement and dispute resolution

Introductory

92 15This Part of this code makes provision about—

(a) the court or tribunal by which agreements and rights
under this code may be enforced,

(b) the meaning of references to “the court” in this code, and

(c) the power of the Secretary of State by regulations to confer
20jurisdiction under this code on other tribunals.

Enforcement of agreements and rights

93 An agreement under this code, and any right conferred by this
code, may be enforced—

(a) in the case of an agreement imposed by a court or tribunal,
25by the court or tribunal which imposed the agreement,

(b) in the case of any agreement or right, by any court or
tribunal which for the time being has the power to impose
an agreement under this code, or

(c) in the case of any agreement or right, by any court of
30competent jurisdiction.

Meaning of “the court”

94 (1) In this code “the court” means—

(a) in relation to England and Wales, the county court,

(b) in relation to Scotland, the sheriff court, and

(c) 35in relation to Northern Ireland, a county court.

(2) Sub-paragraph (1) is subject to provision made by regulations
under paragraph 95.

Power to confer jurisdiction on other tribunals

95 (1) The Secretary of State may by regulations provide for a function
40conferred by this code on the court to be exercisable by any of the
following—

(a) in relation to England and Wales, the First-tier Tribunal;

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(b) in relation to England and Wales, the Upper Tribunal;

(c) in relation to Scotland, the Lands Tribunal for Scotland;

(d) in relation to Northern Ireland, the Lands Tribunal for
Northern Ireland.

(2) 5Regulations under sub-paragraph (1) may make provision for the
function to be exercisable by a tribunal to which the regulations
apply—

(a) instead of by the court, or

(b) as well as by the court.

(3) 10The Secretary of State may by regulations make provision—

(a) requiring proceedings to which regulations under sub-
paragraph (1) apply to be commenced in the court or in a
tribunal to which the regulations apply;

(b) enabling the court or such a tribunal to transfer such
15proceedings to a tribunal which has jurisdiction in relation
to them by virtue of such regulations or to the court.

(4) The power in section 402(3)(c) for regulations under sub-
paragraph (1) or (3) to make consequential provision includes
power to make provision which amends, repeals or revokes or
20otherwise modifies the application of any enactment.

(5) Before making regulations under sub-paragraph (1) or (3) the
Secretary of State must—

(a) so far as the regulations relate to Scotland, consult the
Scottish Ministers;

(b) 25so far as the regulations relate to Northern Ireland, consult
the Department of Justice in Northern Ireland.

Award of costs by tribunal

96 (1) Where in any proceedings a tribunal exercises functions by virtue
of regulations under paragraph 95(1), it may make such order as it
30thinks fit as to costs, or, in Scotland, expenses.

(2) The matters a tribunal must have regard to in making such an
order include in particular the extent to which any party is
successful in the proceedings.

Applications to the court

97 35Regulation 3 of the Electronic Communications and Wireless
Telegraphy Regulations 2011 (SI 2011/1210SI 2011/1210) makes provision
about the time within which certain applications to the court
under this code must be determined.

Appeals in Northern Ireland

98 40Article 60 of the County Courts (Northern Ireland) Order 1980
(ordinary appeals from the county court in civil cases) is to apply
in relation to any determination of the court in Northern Ireland
under this code in the same manner as it applies in relation to any

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decree of the court made in the exercise of the jurisdiction
conferred by Part 3 of that Order.

Part 17 Supplementary provisions

5Relationship between this code and existing law

99 (1) This code does not authorise the contravention of any provision of
an enactment passed or made before the coming into force of this
code.

(2) Sub-paragraph (1) does not apply if and to the extent that an
10enactment makes provision to the contrary.

Relationship between this code and agreements with operators

100 (1) This code does not affect any rights or liabilities arising under an
agreement to which an operator is a party.

(2) Sub-paragraph (1) does not apply in relation to paragraph 64(2) to
15(5), paragraph 99 or Parts 3 to 6 of this code.

Ownership of property

101 The ownership of property does not change merely because the
property is installed on or under, or affixed to, any land by any
person in exercise of a right conferred by or in accordance with
20this code.

Conduits

102 (1) This code does not authorise an operator to do anything inside a
relevant conduit without the agreement of the authority with
control of the conduit.

(2) 25The agreement of the authority with control of a public sewer is
sufficient in all cases to authorise an operator to exercise any of the
rights under this code in order to do anything wholly inside that
sewer.

(3) In this paragraph the following expressions have the same
30meanings as in section 98 of the Telecommunications Act 1984—

(a) “public sewer” and “relevant conduit”;

(b) references to the authority with control of a relevant
conduit.

Duties for OFCOM to prepare codes of practice

103 (1) 35OFCOM must prepare and publish a code of practice dealing
with—

(a) the provision of information for the purposes of this code
by operators to persons who occupy or have an interest in
land;

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(b) the conduct of negotiations for the purposes of this code
between operators and such persons;

(c) the conduct of operators in relation to persons who occupy
or have an interest in land adjoining land on, under or over
5which electronic communications apparatus is installed;

(d) such other matters relating to the operation of this code as
OFCOM think appropriate.

(2) OFCOM must prepare and publish standard terms which may
(but need not) be used in agreements under this code.

(3) 10OFCOM may from time to time—

(a) amend or replace a code of practice or standard terms
published under this paragraph;

(b) publish the code or terms as amended or (as the case may
be) the replacement code or terms.

(4) 15Before publishing a code of practice or standard terms under this
paragraph, OFCOM must consult operators and such other
persons as OFCOM think appropriate.

(5) Sub-paragraph (4) does not apply to—

(a) the publication of amendments to a code of practice or
20standard terms, or

(b) the publication of a replacement code or replacement
terms.

Application of this code to the Crown

104 (1) This code applies in relation to land in which there subsists, or at
25any material time subsisted, a Crown interest as it applies in
relation to land in which no such interest subsists.

(2) In this code “Crown interest” means—

(a) an interest which belongs to Her Majesty in right of the
Crown,

(b) 30an interest which belongs to Her Majesty in right of the
Duchy of Lancaster,

(c) an interest which belongs to the Duchy of Cornwall,

(d) an interest which belongs to a government department or
which is held in trust for Her Majesty for the purposes of a
35government department, or

(e) an interest which belongs to an office-holder in the Scottish
Administration or which is held in trust for Her Majesty
for the purposes of the Scottish Administration by such an
office-holder.

(3) 40This includes, in particular—

(a) an interest which belongs to Her Majesty in right of Her
Majesty’s Government in Northern Ireland, and

(b) an interest which belongs to a Northern Ireland
department or which is held in trust for Her Majesty for the
45purposes of a Northern Ireland department.

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(4) Where an agreement is required by this code to be given in respect
of any Crown interest subsisting in any land, the agreement must
be given by the appropriate authority.

(5) Where a notice under this code is required to be given in relation
5to land in which a Crown interest subsists, the notice must be
given by or to the appropriate authority (as the case may require).

(6) In this paragraph “the appropriate authority” means—

(a) in the case of land belonging to Her Majesty in right of the
Crown, the Crown Estate Commissioners or, as the case
10may be, the government department or office-holder in the
Scottish Administration having the management of the
land in question;

(b) in the case of land belonging to Her Majesty in right of the
Duchy of Lancaster, the Chancellor of the Duchy of
15Lancaster;

(c) in the case of land belonging to the Duchy of Cornwall,
such person as the Duke of Cornwall, or the possessor for
the time being of the Duchy of Cornwall, appoints;

(d) in the case of land belonging to an office-holder in the
20Scottish Administration or held in trust for Her Majesty by
such an office-holder for the purposes of the Scottish
Administration, the office-holder;

(e) in the case of land belonging to Her Majesty in right of Her
Majesty’s Government in Northern Ireland, the Northern
25Ireland department having the management of the land in
question;

(f) in the case of land belonging to a government department
or a Northern Ireland department or held in trust for Her
Majesty for the purposes of a government department or a
30Northern Ireland department, that department.

(7) Any question as to the authority that is the appropriate authority
in relation to any land is to be referred to the Treasury, whose
decision is final.

(8) Paragraphs 54 (offence in relation to transport land rights) and
3575(5) (offence in relation to notices on overhead apparatus) do not
apply where this code applies in the case of the Secretary of State
or a Northern Ireland department by virtue of section 106(3)(b).

(9) References in this paragraph to an office-holder in the Scottish
Administration are to be construed in accordance with section
40126(7) of the Scotland Act 1998.

Meaning of “occupier”

105 (1) References in this code to an occupier of land are to the occupier
of the land for the time being.

(2) References in this code to an occupier of land, in relation to a
45footpath or bridleway that crosses and forms part of agricultural
land, are to the occupier of that agricultural land.

(3) Sub-paragraph (4) applies in relation to land which is—

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(a) a street in England and Wales or Northern Ireland, other
than a footpath or bridleway within sub-paragraph (2), or

(b) a road in Scotland, other than such a footpath or
bridleway.

(4) 5References in this code to an occupier of land—

(a) in relation to such a street in England and Wales, are to the
street managers within the meaning of Part 3 of the New
Roads and Street Works Act 1991,

(b) in relation to such a street in Northern Ireland, are to the
10street managers within the meaning of the Street Works
(Northern Ireland) Order 1995 (SI 1995/3210 (NI 19)SI 1995/3210 (NI 19)), and

(c) in relation to such a road in Scotland, are to the road
managers within the meaning of Part 4 of the New Roads
and Street Works Act 1991.

(5) 15Sub-paragraph (6) applies in relation to land which—

(a) is unoccupied, and

(b) is not a street in England and Wales or Northern Ireland or
a road in Scotland.

(6) References in this code to an occupier of land, in relation to land
20within sub-paragraph (5), are to—

(a) the person (if any) who for the time being exercises powers
of management or control over the land, or

(b) if there is no person within paragraph (a), to every person
whose interest in the land would be prejudicially affected
25by the exercise of a code right in relation to the land.

(7) In this paragraph—

(a) “agricultural land” includes land which is being brought
into use for agriculture, and

(b) references in relation to England and Wales to a footpath
30or bridleway include a restricted byway.

Lands Tribunal for Scotland procedure rules

106 The power to make rules under section 3(6) of the Lands Tribunal
Act 1949 (Lands Tribunal for Scotland procedure rules) for the
purposes of this code or regulations made under it is exercisable
35by the Scottish Ministers instead of by the Secretary of State (and
any reference there to the approval of the Treasury does not
apply).

Arbitrations in Scotland

107 Until the Arbitration (Scotland) Act 2010 is in force in relation to
40any arbitrations carried out under or by virtue of this code, that
Act applies as if it were in force in relation to those arbitrations.

General interpretation

108 (1) In this code—

  • “agriculture” and “agricultural”—

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    (a)

    in relation to England and Wales, have the same
    meanings as in the Highways Act 1980,

    (b)

    in relation to Scotland, have the same meanings as in
    the Town and Country Planning (Scotland) Act 1997,
    5and

    (c)

    in relation to Northern Ireland, have the same
    meanings as in the Agriculture Act (Northern
    Ireland) 1949;

  • “bridleway” and “footpath”—

    (a)

    10in relation to England and Wales, have the same
    meanings as in the Highways Act 1980,

    (b)

    in relation to Scotland, have the same meanings as
    Part 3 of the Countryside (Scotland) Act 1967, and

    (c)

    in relation to Northern Ireland, mean a way over
    15which the public have, by virtue of the Access to the
    Countryside (Northern Ireland) Order 1983 (SI 1983/
    1895 (NI 18)), a right of way (respectively) on
    horseback and on foot;

  • “code agreement” has the meaning given by paragraph 28(5);

  • 20“Crown interest” has the meaning given by paragraph 104(2)
    and (3);

  • “enactment” includes—

    (a)

    an enactment comprised in subordinate legislation
    within the meaning of the Interpretation Act 1978,

    (b)

    25an enactment comprised in, or in an instrument made
    under, a Measure or Act of the National Assembly for
    Wales,

    (c)

    an enactment comprised in, or in an instrument made
    under, an Act of the Scottish Parliament, and

    (d)

    30an enactment comprised in, or in an instrument made
    under, Northern Ireland legislation;

  • “land” does not include electronic communications
    apparatus;

  • “landowner” has the meaning given by paragraph 36(1);

  • 35“lease” includes—

    (a)

    in relation to England and Wales and Northern
    Ireland, any leasehold tenancy (whether in the nature
    of a head lease, sub-lease or underlease) and any
    agreement to grant such a tenancy but not a mortgage
    40by demise or sub-demise, and

    (b)

    in relation to Scotland, any sub-lease and any
    agreement to grant a sub-lease,

    and “lessee” is to be construed accordingly;

  • “relevant person” has the meaning given by paragraph 19(1);

  • 45“restricted byway” has the same meaning as in Part 2 of the
    Countryside and Rights of Way Act 2000;

  • “road”—

    (a)

    in relation to Scotland, has the same meaning as in
    Part 4 of the New Roads and Street Works Act 1991;

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    (b)

    in relation to Northern Ireland, has the same meaning
    as in the Roads (Northern Ireland) Order 1993 (SI
    1993/3160 (NI 15));

  • “site provider” has the meaning given by paragraph 29(1);

  • 5“street”—

    (a)

    in relation to England and Wales, has the same
    meaning as in Part 3 of the New Roads and Street
    Works Act 1991, and

    (b)

    in relation to Northern Ireland, has the same meaning
    10as in the Street Works (Northern Ireland) Order 1995
    (SI 1995/3210 (NI 19)SI 1995/3210 (NI 19)).

(2) In this code, references to the alteration of any apparatus include
references to the moving, removal or replacement of the
apparatus.”

Section 4

15SCHEDULE 2 The electronic communications code: transitional provision

Interpretation

1 (1) This paragraph has effect for the purposes of this Schedule.

(2) The “existing code” means Schedule 2 to the Telecommunications Act 1984.

(3) 20The “new code” means Schedule 3A to the Communications Act 2003.

(4) A “subsisting agreement” means—

(a) an agreement for the purposes of paragraph 2 or 3 of the existing
code, or

(b) an order under paragraph 5 of the existing code,

25which is in force, as between an operator and any person, at the time the new
code comes into force (and whose terms do not provide for it to cease to have
effect at that time).

(5) Expressions used in this Schedule and in the new code have the same
meaning as in the new code, subject to any modification made by this
30Schedule.

Effect of subsisting agreement

2 (1) A subsisting agreement has effect after the new code comes into force as an
agreement under Part 2 of the new code between the same parties, subject to
the modifications made by this Schedule.

(2) 35A person who is bound by a right by virtue of paragraph 2(4) of the existing
code in consequence of a subsisting agreement is, after the new code comes
into force, treated as bound pursuant to Part 2 of the new code.

Limitation of code rights

3 In relation to a subsisting agreement, references in the new code to a code
40right are—

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(a) in relation to the operator and the land to which an agreement for the
purposes of paragraph 2 of the existing code relates, references to a
right for the statutory purposes to do the things listed in paragraph
2(1)(a) to (c) of the existing code;

(b) 5in relation to land to which an agreement for the purposes of
paragraph 3 of the existing code relates, a right to do the things
mentioned in that paragraph.

Limitation of persons bound

4 (1) A person bound by a code right by virtue only of paragraph 2(3) of the
10existing code continues to be bound by it so long as they would be bound if
paragraph 2(3) of the existing code continued to have effect.

(2) In relation to such a person, paragraph 4(4) to (12) of the existing code
continue to have effect, but as if in paragraph 4(4)(b) the reference to
paragraph 21 of the existing code were a reference to Part 5 of the new code.

15Exclusion of assignment, upgrading and sharing provisions

5 (1) Part 3 of the new code (assignment of code rights, and upgrading and
sharing of apparatus) does not apply in relation to a subsisting agreement.

(2) Part 3 of the new code does not apply in relation to a code right conferred
under the new code if, at the time when it is conferred, the exercise of the
20right depends on a right that has effect under a subsisting agreement.

Termination and modification of agreements

6 (1) This paragraph applies in relation to a subsisting agreement, in place of
paragraph 28(2) to (4) of the new code.

(2) Part 5 of the new code (termination and modification of agreements) does
25not apply to a subsisting agreement that is a lease of land in England and
Wales, if—

(a) it is a lease to which Part 2 of the Landlord and Tenant Act 1954
applies, and

(b) there is no agreement under section 38A of that Act (agreements to
30exclude provisions of Part 2) in relation the tenancy.

(3) Part 5 of the new code does not apply to a subsisting agreement that is a lease
of land in England and Wales, if—

(a) the primary purpose of the lease is not to grant code rights (the rights
referred to in paragraph 3 of this Schedule), and

(b) 35there is an agreement under section 38A of the 1954 Act in relation
the tenancy.

(4) Part 5 of the new code does not apply to a subsisting agreement that is a lease
of land in Northern Ireland, if it is a lease to which the Business Tenancies
(Northern Ireland) Order 1996 (SI 1996/725 (NI 5)SI 1996/725 (NI 5)) applies.

7 (1) 40Subject to paragraph 6, Part 5 of the new code applies to a subsisting
agreement with the following modifications.

(2) The “site provider” (see paragraph 29 of the new code) does not include a
person who was under the existing code bound by the agreement only by
virtue of paragraph 2(2)(c) of that code.

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(3) Where the unexpired term of the subsisting agreement at the coming into
force of the new code is less than 18 months, paragraph 30 applies (with
necessary modification) as if for the period of 18 months referred to in sub-
paragraph (3)(a) there were substituted a period equal to the unexpired term
5or 3 months, whichever is greater.

(4) Paragraph 33 applies with the omission of sub-paragraph (13)(d).

Apparatus, works etc

8 (1) Paragraphs 9 to 12 of the existing code (rights in relation to street works,
flying lines, tidal waters, linear obstacles) continue to apply in relation to
10anything in the process of being done when the new code comes into force.

(2) Apparatus lawfully installed under any of those provisions (before or after
the time when the new code comes into force) is to be treated as installed
under the corresponding provision of the new code if it could have been
installed under that provision if the provision had been in force or applied
15to its installation.

(3) The corresponding provisions are—

(a) Part 7 (transport land rights), in relation to paragraph 12 of the
existing code;

(b) Part 8 (street work rights), in relation to paragraph 9 of the existing
20code;

(c) Part 9 (tidal water rights), in relation to paragraph 11 of the existing
code;

(d) paragraph 70 (power to fly lines), in relation to paragraph 10 of the
existing code.

9 25Any agreement given in accordance with paragraph 26(3) of the existing
code for the purposes of paragraph 11(2) of that code has effect for the
purposes of paragraph 60 of the new code as if given in accordance with
paragraph 100 of that code

10 Any agreement that has effect under paragraph 15 of the existing code and
30that would be sufficient for the purpose of doing anything wholly inside a
sewer if that paragraph continued in force is sufficient for that purpose
under paragraph 98(2) of the new code.

Court applications for required rights etc

11 (1) This paragraph applies where—

(a) 35before the time when the new code comes into force, a notice has
been given under paragraph 5(1) of the existing code, and

(b) at that time no application has been made to the court in relation to
the notice.

(2) The notice has effect as if given under paragraph 19(2) of the new code.

12 (1) 40This paragraph applies where before the time when the new code comes into
force—

(a) a notice has been given under paragraph 5(1) of the existing code,
and

(b) an application has been made to the court in relation to the notice.