[F120(1)This paragraph applies where the operator requires a person (a “relevant person”) to agree—U.K.
(a)to confer a code right on the operator, or
(b)to 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, [F2the land to which it relates] 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.
[F3(2A)The notice must also—
(a)contain information about the availability of alternative dispute resolution in the event that the operator and the relevant person are unable to reach agreement, and
(b)explain the possible consequences of refusing to engage in alternative dispute resolution.]
(3)The operator may apply to the court for an order under this paragraph if—
(a)the 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 not 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)confers the code right on the operator, or
(b)provides for the code right to bind the relevant person.]
[F4(5)Before applying for an order under this paragraph, the operator must, if it is reasonably practicable to do so, consider the use of one or more alternative dispute resolution procedures to reach agreement with the relevant person.
(6)The operator or the relevant person may at any time give the other a notice in writing stating that the operator or the relevant person (as the case may be) wishes to engage in alternative dispute resolution with the other in relation to the agreement sought by the operator.]
Textual Amendments
F1Sch. 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)
F2Words in Sch. 3A para. 20(2)(a) inserted (15.3.2021 for specified purposes, 26.12.2022 for E.W. in so far as not already in force, 1.7.2023 for S. in so far as not already in force) by Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7), s. 3(3)(b)(4), Sch. para. 4(5); S.I. 2022/1308, reg. 3(c)
F3Sch. 3A para. 20(2A) inserted (7.11.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 69(2)(a), 79(2); S.I. 2023/1022, reg. 2(b)
F4Sch. 3A para. 20(5)(6) inserted (7.11.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 69(2)(b), 79(2); S.I. 2023/1022, reg. 2(b)