Communications Act 2003

This section has no associated Explanatory Notes

[F125(1)If the court makes an order under paragraph 20 the court may also order the operator to pay compensation to the relevant person for any loss or damage that has been sustained or will be sustained by that person as a result of the exercise of the code right to which the order relates.U.K.

(2)An order under sub-paragraph (1) may be made—

(a)at the time the court makes an order under paragraph 20, or

(b)at any time afterwards, on the application of the relevant person.

(3)An order under sub-paragraph (1) may—

(a)specify the amount of compensation to be paid by the operator, or

(b)give directions for the determination of any such amount.

(4)Directions under sub-paragraph (3)(b) may provide—

(a)for the amount of compensation to be agreed between the operator and the relevant person;

(b)for any dispute about that amount to be determined by arbitration.

(5)An order under this paragraph may provide for the operator—

(a)to make a lump sum payment,

(b)to make periodical payments,

(c)to make a payment or payments on the occurrence of an event or events, or

(d)to make a payment or payments in such other form or at such other time or times as the court may direct.

(6)Paragraph 84 makes further provision about compensation in the case of an order under paragraph 20.]

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)