Digital Economy Act 2017

Termination and modification of agreements

This section has no associated Explanatory Notes

6(1)This paragraph applies in relation to a subsisting agreement, in place of paragraph 29(2) to (4) of the new code.

(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.