SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 5

Termination and modification of agreements

How may a person bring a code agreement to an end?
31
1
A site provider who is a party to a code agreement may bring the agreement to an end by giving a notice in accordance with this paragraph to the operator who is a party to the agreement.
2
The notice must—
a
comply with paragraph 89 (notices given by persons other than operators),
b
specify the date on which the site provider proposes the code agreement should come to an end, and
c
state the ground on which the site provider proposes to bring the code agreement to an end.
3
The date specified under sub-paragraph (2)(b) must fall—
a
after the end of the period of 18 months beginning with the day on which the notice is given, and
b
after the time at which, apart from paragraph 30, the code right to which the agreement relates would have ceased to be exercisable or to bind the site provider or at a time when, apart from that paragraph, the code agreement could have been brought to an end by the site provider.
4
The ground stated under sub-paragraph (2)(c) must be one of the following—
a
that the code agreement ought to come to an end as a result of substantial breaches by the operator of its obligations under the agreement;
b
that the code agreement ought to come to an end because of persistent delays by the operator in making payments to the site provider under the agreement;
c
that the site provider intends to redevelop all or part of the land to which the code agreement relates, or any neighbouring land, and could not reasonably do so unless the code agreement comes to an end;
d
that the operator is not entitled to the code agreement because the test under paragraph 21 for the imposition of the agreement on the site provider is not met.
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)
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))