Communications Act 2003

[F1 35 (1) This paragraph applies where— U.K.

(a) a code right continues to be exercisable under paragraph 30 after the time at which, apart from the operation of that paragraph, the code right would have ceased to be exercisable or to bind the site provider or from which, apart from that paragraph, the code agreement relating to the right could have been brought to an end by the site provider, and

(b) the operator or the site provider has applied to the court for an order under paragraph 32(1)(b) or 33(5).

(2) The site provider may—

(a) agree with the operator that, until the application has been finally determined, the site provider will continue to receive the payments of consideration from the operator to which the site provider is entitled under the agreement relating to the existing code right, [F2 or]

(b) agree with the operator that, until that time, the site provider will receive different payments of consideration under that agreement, F3 ...

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (2A) The operator or the site provider may apply to the court for—

(a) an order specifying the payments of consideration to be made by the operator to the site provider under the agreement relating to the existing code right until the application for an order under paragraph 32(1)(b) or 33(5) has been finally determined;

(b) an order otherwise modifying the terms of that agreement until that time.

(2B) An order under sub-paragraph (2A)(a) may provide for the order to have effect from the date of the application for the order.]

(3) The court must determine the payments [F5 referred to in sub-paragraph (2A)(a)] on the basis set out in paragraph 24 (calculation of consideration).]

[F6 (4) In determining whether to make an order under sub-paragraph (2A)(b), the court must have regard to all the circumstances of the case, and in particular to—

(a) the terms of the agreement relating to the existing code right,

(b) the operator’s business and technical needs,

(c) the use that the site provider is making of the land to which the agreement relates,

(d) any duties imposed on the site provider by an enactment, and

(e) the amount of consideration payable by the operator to the site provider under the agreement.]

Textual Amendments

F1 Sch. 3A inserted (31.7.2017 for the purpose of making regulations under Sch. 3A para. 95, 22.11.2017 but only in relation to Sch. 3A para. 106, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(b)

F2 Word in Sch. 3A para. 35(2)(a) inserted (7.11.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 68(2)(a), 79(2); S.I. 2023/1022, reg. 2(a)

F3 Sch. 3A para. 35(2)(c) and word omitted (7.11.2023) by virtue of Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 68(2)(b), 79(2); S.I. 2023/1022, reg. 2(a)

F4 Sch. 3A para. 35(2A)(2B) inserted (7.11.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 68(3), 79(2); S.I. 2023/1022, reg. 2(a)

F5 Words in Sch. 3A para. 35(3) substituted (7.11.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 68(4), 79(2); S.I. 2023/1022, reg. 2(a)

F6 Sch. 3A para. 35(4) inserted (7.11.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 68(5), 79(2); S.I. 2023/1022, reg. 2(a)