SCHEDULES
C1F2SCHEDULE 3AThe electronic communications code
Sch. 3A applied by S.I. 1991/1220 (N.I. 11), art. 104(5) (as substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(c))
PART 4Power of court to impose agreement
When can the court impose an agreement?
20
1
This paragraph applies where the operator requires a person (a “relevant person”) to agree—
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, F1the 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.
F32A
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.
F45
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.
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)