[F1What is the test to be applied by the court?U.K.
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)
21(1)Subject to sub-paragraph (5) [F2and paragraph 27ZA], the court may make an order under paragraph 20 if (and only if) the court thinks that both of the following conditions are met.U.K.
(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 the 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)The 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.]
Textual Amendments
F2Words in Sch. 3A para. 21(1) inserted (26.4.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 66(3), 79(2); S.I. 2023/469, reg. 2
Modifications etc. (not altering text)
C1Sch. 3A para. 21 applied (with modifications) (E.W.) (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), art. 1, Sch. 18 para. 4(4) (with arts. 62, 76, 87)