(3) Section 95 comes into force on 1 June 2020.

(4) Part 5, except—

(a) Chapter 1, so far as that Chapter relates to the disclosure of information
to or by a water or sewerage undertaker for an area which is wholly or
5mainly in Wales,

(b) Chapter 2, and

(c) Chapters 5 and 6, so far as those Chapters relate to the disclosure of
information by the Welsh Revenue Authority,

comes into force on whatever day the Secretary of State or the Minister for the
10Cabinet Office appoints by regulations made by statutory instrument.

(5) The provisions mentioned in subsection (4)(a) and (c) come into force on
whatever day the Welsh Ministers appoint by regulations made by statutory
instrument.

(6) The other provisions of this Act come into force on whatever day the Secretary
15of State appoints by regulations made by statutory instrument.

(7) Different days may be appointed for different purposes or different areas.

(8) The appropriate authority may by regulations made by statutory instrument
make transitional, transitory or saving provision in connection with the
coming into force of any provision of this Act.

(9) 20Subsection (8) does not apply to section 5 or Schedule 1 (for which see section
6).

(10) The appropriate authority, subject to subsection (11), is the Secretary of State.

(11) The appropriate authority in relation to Part 5 is—

(a) the Secretary of State, in relation to Chapter 2;

(b) 25the Welsh Ministers, in relation to—

(i) Chapter 1 so far as relating to the disclosure of information to or
by a water or sewerage undertaker for an area which is wholly
or mainly in Wales, and

(ii) Chapters 5 and 6 so far as relating to the disclosure of
30information by the Welsh Revenue Authority;

(c) otherwise, the Secretary of State or the Minister for the Cabinet Office.

123 Extent

(1) This Act extends to England and Wales, Scotland and Northern Ireland, subject
to the following provisions of this section.

(2) 35Sections 39 and 40 extend to England and Wales and Scotland only;

(3) Sections 41 and 42 extend to England and Wales only.

(4) In section 49—

(a) subsections (5) and (6) (and, so far as it relates to them, subsection (2))
of the new section 19AB inserted in the Registration Service Act 1953
40extend to England and Wales, Scotland and Northern Ireland, but

(b) subject to that, the amendments and repeals made to that Act extend to
England and Wales only.

(5) Section 118 extends to England and Wales only.

(6) Section 47 of the Registered Designs Act 1949 (application to Isle of Man)
applies to section 36 as it applies to that Act.

(7) An amendment of the following enactments made by this Act may be extended
to any of the Channel Islands or the Isle of Man under the relevant extending
5power—

(a) Part 1 of the Copyright, Designs and Patents Act 1988;

(b) the Broadcasting Act 1990;

(c) the Broadcasting Act 1996;

(d) the Communications Act 2003;

(e) 10the Wireless Telegraphy Act 2006.

(8) “Relevant extending power” means—

(a) in relation to amendments of Part 1 of the Copyright, Designs and
Patents Act 1988, section 157(2) of that Act;

(b) in relation to amendments of the Broadcasting Act 1990, section 204(6)
15of that Act;

(c) in relation to amendments of the Broadcasting Act 1996, section 150(4)
of that Act;

(d) in relation to amendments of the Communications Act 2003, section
411(6) of that Act;

(e) 20in relation to amendments of the Wireless Telegraphy Act 2006, section
118(3) of that Act.

(9) The power conferred by section 157(2)(c) of the Copyright, Designs and Patents
Act 1988 (power to extend to British overseas territories) is exercisable in
relation to any amendment made by this Act to Part 1 of that Act.

(10) 25Her Majesty may by Order in Council extend sections 16 to 33, with such
modifications as appear to Her Majesty in Council to be appropriate, to any of
the Channel Islands or to the Isle of Man.

(11) The power to make an Order in Council under subsection (10) includes
power—

(a) 30to make different provision for different cases (including different
provision in respect of different areas);

(b) to make provision subject to such exemptions and exceptions as Her
Majesty in Council thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional
35provision as Her Majesty in Council thinks fit.

124 Short title

This Act may be cited as the Digital Economy Act 2017.

SCHEDULES

Section 5

SCHEDULE 1 The electronic communications code

This is the Schedule to be inserted before Schedule 4 to the Communications
5Act 2003—

Section 106

      “Schedule 3A The electronic communications code

Part 1 Key concepts

10Introductory

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 94 (meaning of “the court”).

(b) paragraph 105 (meaning of “occupier”),

(c) 15paragraph 108 (general interpretation),

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

(e) section 405 (general interpretation).

The operator

2 20In 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
25Ireland 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 electronic communications apparatus on, under
30or over the land,

(b) to keep installed electronic communications apparatus
which is on, under or over the land,

(c) to inspect, maintain, adjust, alter, repair, upgrade or
operate electronic communications apparatus which is on,
under or over the land,

(d) to carry out any works on the land for or in connection
5with the installation of electronic communications
apparatus on, under or over the land or elsewhere,

(e) to carry out any works on the land for or in connection
with the maintenance, adjustment, alteration, repair,
upgrading or operation of electronic communications
10apparatus which is on, under or over the land or
elsewhere,

(f) 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
15elsewhere,

(g) to connect to a power supply,

(h) 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

(i) 20to 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,
25means—

(a) the purposes of providing 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) 30apparatus designed or adapted for use in connection with
the provision of an electronic communications network,

(b) apparatus 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
35communications network,

(c) lines, and

(d) other structures or things designed or adapted for use in
connection with the provision of an electronic
communications network.

(2) 40References 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
  45adapted 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 5In 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) 10if 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 (1) 15In 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.

(2) References in this code to provision of an infrastructure system
20include references to establishing or maintaining such a system.

Part 2 Conferral of code rights and their exercise

Introductory

8 This Part of this code makes provision about—

(a) 25the 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
30operator 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”)
35who 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
40right 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) 5O, 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
10which 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) 15the 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) 20the 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—

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

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

(6) 25A 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) 30must 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) 35Sub-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) 40A 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) 5Sub-paragraph (2) does not apply against a person who has the
benefit of a covenant or agreement entered into as respects the
land, if—

(a) the covenant or agreement was entered into under a
enactment, and

(b) 10by virtue of the enactment, it binds or will bind persons
who derive title or otherwise claim—

(i) under the covenantor, or

(ii) under a party to the agreement.

(5) In the application of sub-paragraph (3) to Scotland the reference to
15a person who is the owner of the freehold estate in the land is to be
read as a reference to a person who is the owner 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) 20a code right within paragraph (a) to (g) or (i) 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 74 (power to fly lines).

(2) 25The 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
(h) of paragraph 3.

(3) 30A reference in this code 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
35than 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) 40tidal water or lands within the meaning of Part 9 of this
code.

Code rights and land registration

14 Where an enactment requires interests, charges or other
obligations affecting land to be registered, the provisions of this

code about who is bound by a code right have effect whether or
not that right is registered.

Part 3 Assignment of code rights, and upgrading and sharing of apparatus

5Introductory

15 This Part of this code makes provision for—

(a) operators to assign agreements under Part 2,

(b) operators to upgrade electronic communications
apparatus to which such an agreement relates, and

(c) 10operators to share the use of any such electronic
communications apparatus.

Assignment of code rights

16 (1) Any agreement under Part 2 of this code is void to the extent
that—

(a) 15it prevents or limits assignment of the agreement to
another operator, or

(b) it makes assignment of the agreement to another operator
subject to conditions (including a condition requiring the
payment of money).

(2) 20Sub-paragraph (1) does not apply to a term that requires the
assignor to enter into a guarantee agreement (see sub-paragraph
(7)).

(3) In this paragraph references to “the assignor” or “the assignee” are
to the operator by whom or to whom an agreement under Part 2
25of this code is assigned or proposed to be assigned.

(4) From the time when the assignment of an agreement under Part 2
of this code takes effect, the assignee is bound by the terms of the
agreement.

(5) The assignor is not liable for any breach of a term of the agreement
30that 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 an address for service (for the purposes of
35paragraph 91(2)(a)) for the assignee.

(6) Sub-paragraph (5) is subject to the terms of any guarantee
agreement.

(7) A “guarantee agreement” is an agreement, in connection with the
assignment of an agreement under Part 2 of this code, under
40which the assignor guarantees to any extent the performance by
the assignee of the obligations that become binding on the
assignee under sub-paragraph (4) (the “relevant obligations”).

(8) An agreement is not a guarantee agreement to the extent that it
purports—

(a) to impose on the assignor a requirement to guarantee in
any way the performance of the relevant obligations by a
5person other than the assignee, or

(b) to impose on the assignor any liability, restriction or other
requirement of any kind in relation to a time after the
relevant obligations cease to be binding on the assignee.

(9) Subject to sub-paragraph (8), a guarantee agreement may—

(a) 10impose on the assignor any liability as sole or principal
debtor in respect of the relevant obligations;

(b) impose on the assignor liabilities as guarantor in respect of
the assignee’s performance of the relevant obligations
which are no more onerous than those to which the
15assignor would be subject in the event of the assignor
being liable as sole or principal debtor in respect of any
relevant obligation;

(c) make provision incidental or supplementary to any
provision within paragraph (a) or (b).

(10) 20In the application of this paragraph to Scotland references to
assignment of an agreement are to be read as references to
assignation of an agreement.

(11) Nothing in the Landlord and Tenant Amendment (Ireland) Act
1860 applies in relation to an agreement under Part 2 of this code
25so as to—

(a) prevent or limit assignment of the agreement to another
operator, or

(b) relieve the assignor from liability for any breach of a term
of the agreement that occurs after the assignment.

30Power for operator to upgrade or share apparatus

17 (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) and (3) are met—

(a) upgrade the electronic communications apparatus to
35which the agreement relates, or

(b) share the use of such electronic communications apparatus
with another operator.

(2) The first condition is that any changes as a result of the upgrading
or sharing to the electronic communications apparatus to which
40the agreement relates have no adverse impact, or no more than a
minimal adverse impact, on its appearance.

(3) The second condition is that the upgrading or sharing imposes no
additional burden on the other party to the agreement.

(4) For the purposes of sub-paragraph (3) an additional burden
45includes anything that—

(a) has an additional adverse effect on the other party’s
enjoyment of the land, or

(b) causes additional loss, damage or expense to that party.

(5) 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
5where the conditions in sub-paragraphs (2) and (3) are met,
of the electronic communications apparatus to which the
agreement relates, or

(b) it makes upgrading or sharing of such apparatus subject to
conditions to be met by the operator (including a condition
10requiring the payment of money).

(6) 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

18 (1) 15This 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
the use to which electronic communications apparatus
20installed 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
a party to it) is a relevant agreement.

(2) 25The 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
apparatus for those purposes, is in pursuance of the relevant
30agreement.

(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,
as affecting any consent requirement imposed (whether by an
35agreement, an enactment or otherwise) on that person.

(4) In this paragraph—

• “consent requirement”, in relation to a person, means a
  requirement for the person to obtain consent or permission
  to or in connection with—

  (a)

  40the installation by the person of apparatus, or

  (b)

  the doing by the person of any other thing in relation
  to apparatus the use of which the person is entitled or
  authorised to share;

• “relevant agreement” means an agreement in relation to
  45electronic communications apparatus which—

  (a)

  relates to the sharing by different parties to the
  agreement of the use of that apparatus, and

  Digital Economy BillPage 140

  (b)

  is an agreement that satisfies the requirements of sub-
  paragraph (5).

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

(a) 5every 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
the agreement is a qualifying person.

(6) 10A 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
applies, or

(b) 15a designated provider of an electronic communications
service consisting in the distribution of a programme
service by means of an electronic communications
network.

(7) In sub-paragraph (6)—

• 20“designated” means designated by regulations made by the
  Secretary of State;

• “programme service” has the same meaning as in the
  Broadcasting Act 1990.

Part 4 25Power of court to impose agreement

Introductory

19 This Part of this code makes provision about—

(a) the circumstances in which the court can impose an
agreement on a person by which the person confers or is
30otherwise 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) the imposition of an agreement on a person on an interim
35or temporary basis.

When can the court impose an agreement?

20 (1) This paragraph applies where the operator requires a person (a
“relevant person”) to agree—

(a) to confer a code right on the operator, or

(b) 40to be otherwise bound by a code right which is exercisable
by the operator.

(2) The operator may give the relevant person a notice in writing—

(a) setting out the code right, and all of the other terms of the
agreement that the operator seeks, and

(b) stating that the operator seeks the person’s agreement to
those terms.

(3) The operator may apply to the court for an order under this
paragraph if—

(a) 5the relevant person does not, before the end of 28 days
beginning with the day on which the notice is given, agree
to confer or be otherwise bound by the code right, or

(b) at any time after the notice is given, the relevant person
gives notice in writing to the operator that the person does
10not agree to confer or be otherwise bound by the code
right.

(4) An order under this paragraph is one which imposes on the
operator and the relevant person an agreement between them
which—

(a) 15confers the code right on the operator, or

(b) provides for the code right to bind the relevant person.

What is the test to be applied by the court?

21 (1) Subject to sub-paragraph (5), the court may make an order under
paragraph 20 if (and only if) the court thinks that both of the
20following conditions are met.

(2) The first condition is that the prejudice caused to the relevant
person by the order is capable of being adequately compensated
by money.

(3) The second condition is that the public benefit likely to result from
25the making of the order outweighs the prejudice to the relevant
person.

(4) In deciding whether the second condition is met, the court must
have regard to the public interest in access to a choice of high
quality electronic communications services.

(5) 30The court may not make an order under paragraph 20 if it thinks
that the relevant person intends to redevelop all or part of the land
to which the code right would relate, or any neighbouring land,
and could not reasonably do so if the order were made.

What is the effect of an agreement imposed under paragraph 20?

22 35An agreement imposed by an order under paragraph 20 takes
effect for all purposes of this code as an agreement under Part 2 of
this code between the operator and the relevant person.

What are the terms of an agreement imposed under paragraph 20?

23 (1) An order under paragraph 20 may impose an agreement which
40gives effect to the code right sought by the operator with such
modifications as the court thinks appropriate.

(2) An order under paragraph 20 must require the agreement to
contain such terms as the court thinks appropriate, subject to sub-
paragraphs (3) to (8).

(3) The terms of the agreement must include terms as to the payment
of consideration by the operator to the relevant person for the
relevant person’s agreement to confer or be bound by the code
right (as the case may be).

(4) 5Paragraph 24 makes provision about the determination of
consideration under sub-paragraph (3).

(5) The terms of the agreement must include the terms the court
thinks appropriate for ensuring that the least possible loss and
damage is caused by the exercise of the code right to persons
10who—

(a) occupy the land in question,

(b) own interests in that land, or

(c) are from time to time on that land.

(6) Sub-paragraph (5) applies in relation to a person regardless of
15whether the person is a party to the agreement.

(7) The terms of the agreement must include terms specifying for how
long the code right conferred by the agreement is exercisable.

(8) The court must determine whether the terms of the agreement
should include a term—

(a) 20permitting termination of the agreement (and, if so, in
what circumstances);

(b) enabling the relevant person to require the operator to
reposition or temporarily to remove the electronic
communications equipment to which the agreement
25relates (and, if so, in what circumstances).

How is consideration to be determined under paragraph 23?

24 (1) The amount of consideration payable by an operator to a relevant
person under an agreement imposed by an order under paragraph
20 must be an amount or amounts representing the market value
30of the relevant person’s agreement to confer or be bound by the
code right (as the case may be).

(2) For this purpose the market value of a person’s agreement to
confer or be bound by a code right is, subject to sub-paragraph (3),
the amount that, at the date the market value is assessed, a willing
35buyer would pay a willing seller for the agreement—

(a) in a transaction at arm’s length,

(b) on the basis that the buyer and seller were acting
prudently and with full knowledge of the transaction, and

(c) on the basis that the transaction was subject to the other
40provisions of the agreement imposed by the order under
paragraph 20.

(3) The market value must be assessed on these assumptions—

(a) that the right that the transaction relates to does not relate
to the provision or use of an electronic communications
45network;

(b) that paragraphs 16 and 17 (assignment, and upgrading
and sharing) do not apply to the right or any apparatus to
which it could apply;

(c) that the right in all other respects corresponds to the code
5right;

(d) that there is more than one site which the buyer could use
for the purpose for which the buyer seeks the right.

(4) The terms of the agreement may provide for consideration to be
payable—

(a) 10as a lump sum or periodically,

(b) on the occurrence of a specified event or events, or

(c) in such other form or at such other time or times as the
court may direct.

What rights to the payment of compensation are there?

25 (1) 15If the court makes an order under paragraph 20 the court may also
order the operator to pay compensation to the relevant person for
any loss or damage that has been sustained or will be sustained by
that person as a result of the exercise of the code right to which the
order relates.

(2) 20An order under sub-paragraph (1) may be made—

(a) at the time the court makes an order under paragraph 20,
or

(b) at any time afterwards, on the application of the relevant
person.

(3) 25An order under sub-paragraph (1) may—

(a) specify the amount of compensation to be paid by the
operator, or

(b) give directions for the determination of any such amount.

(4) Directions under sub-paragraph (3)(b) may provide—

(a) 30for the amount of compensation to be agreed between the
operator and the relevant person;

(b) for any dispute about that amount to be determined by
arbitration.

(5) An order under this paragraph may provide for the operator—

(a) 35to make a lump sum payment,

(b) to make periodical payments,

(c) to make a payment or payments on the occurrence of an
event or events, or

(d) to make a payment or payments in such other form or at
40such other time or times as the court may direct.

(6) Paragraph 84 makes further provision about compensation in the
case of an order under paragraph 20.

Interim code rights

26 (1) An operator may apply to the court for an order which imposes on
the operator and a person, on an interim basis, an agreement
between them which—

(a) 5confers a code right on the operator, or

(b) provides for a code right to bind that person.

(2) An order under this paragraph imposes an agreement on the
operator and a person on an interim basis if it provides for them to
be bound by the agreement—

(a) 10for the period specified in the order, or

(b) until the occurrence of an event specified in the order.

(3) The court may make an order under this paragraph if (and only if)
the operator has given the person mentioned in sub-paragraph (1)
a notice which complies with paragraph 20(2) stating that an
15agreement is sought on an interim basis and—

(a) the operator and that person have agreed to the making of
the order and the terms of the agreement imposed by it, or

(b) the court thinks that there is a good arguable case that the
test in paragraph 21 for the making of an order under
20paragraph 20 is met.

(4) Subject to sub-paragraphs (5) and (6), the following provisions
apply in relation to an order under this paragraph and an
agreement imposed by it as they apply in relation to an order
under paragraph 20 and an agreement imposed by it—

(a) 25paragraph 20(3) (time at which operator may apply for
agreement to be imposed);

(b) paragraph 22 (effect of agreement imposed under
paragraph 20);

(c) paragraph 23 (terms of agreement imposed under
30paragraph 20);

(d) paragraph 24 (payment of consideration);

(e) paragraph 25 (payment of compensation);

(f) paragraph 84 (compensation where agreement imposed).

(5) The court may make an order under this paragraph even though
35the period mentioned in paragraph 20(3)(a) has not elapsed (and
paragraph 20(3)(b) does not apply) if the court thinks that the
order should be made as a matter of urgency.

(6) Paragraphs 23, 24 and 25 apply by virtue of sub-paragraph (4) as
if—

(a) 40references to the relevant person were to the person
mentioned in sub-paragraph (1) of this paragraph, and

(b) the duty in paragraph 23 to include terms as to the
payment of consideration to that person in an agreement
were a power to do so.

(7) 45Sub-paragraph (8) applies if—

(a) an order has been made under this paragraph imposing an
agreement relating to a code right on an operator and a
person in respect of any land, and

(b) the period specified under sub-paragraph (2)(a) has
expired or, as the case may be, the event specified under
sub-paragraph (2)(b) has occurred without (in either case)
an agreement relating to the code right having been
5imposed on the person by order under paragraph 20.

(8) From the time when the period expires or the event occurs, that
person has the right, subject to and in accordance with Part 6 of
this code, to require the operator to remove any electronic
communications apparatus placed on the land under the
10agreement imposed under this paragraph.

Temporary code rights

27 (1) This paragraph applies where—

(a) an operator gives a notice under paragraph 20(2) to a
person in respect of any land,

(b) 15the notice also requires that person’s agreement on a
temporary basis in respect of a right which is to be
exercisable (in whole or in part) in relation to electronic
communications apparatus which is already installed on,
under or over the land, and

(c) 20the person has the right to require the removal of the
apparatus in accordance with paragraph 37 or as
mentioned in paragraph 40(1) but the operator is not for
the time being required to remove the apparatus.

(2) The court may, on the application of the operator, impose on the
25operator and the person an agreement between them which
confers on the operator, or provides for the person to be bound by,
such temporary code rights as appear to the court reasonably
necessary for securing the objective in sub-paragraph (3).

(3) That objective is that, until the proceedings under paragraph 20
30and any proceedings under paragraph 40 are determined, the
service provided by the operator’s network is maintained and the
apparatus is properly adjusted and kept in repair.

(4) Subject to sub-paragraphs (5) and (6), the following provisions
apply in relation to an order under this paragraph and an
35agreement imposed by it as they apply in relation to an order
under paragraph 20 and an agreement imposed by it—

(a) paragraph 20(3) (time at which operator may apply for
agreement to be imposed);

(b) paragraph 22 (effect of agreement imposed under
40paragraph 20);

(c) paragraph 23 (terms of agreement imposed under
paragraph 20);

(d) paragraph 24 (payment of consideration);

(e) paragraph 25 (payment of compensation);

(f) 45paragraph 84 (compensation where agreement imposed).

(5) The court may make an order under this paragraph even though
the period mentioned in paragraph 20(3)(a) has not elapsed (and