6(1)This paragraph applies in relation to a subsisting agreement, in place of paragraph 29(2) to (4) of the new code.U.K.
(2)Part 5 of the new code (termination and modification of agreements) does not 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 exclude 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)there 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)) applies.
Commencement Information
I1Sch. 2 para. 6 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(c)
7(1)Subject to paragraph 6, Part 5 of the new code applies to a subsisting agreement with the following modifications.U.K.
(2)The “site provider” (see paragraph 30(1)(a) 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.
(3)Where the unexpired term of the subsisting agreement at the coming into force of the new code is less than 18 months, paragraph 31 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 or 3 months, whichever is greater.
(4)Paragraph 34 applies with the omission of sub-paragraph (13)(d).
Commencement Information
I2Sch. 2 para. 7 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(c)