SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 5

Termination and modification of agreements

What is the effect of a notice under paragraph 31?
32
1
Where a site provider gives a notice under paragraph 31, the code agreement to which it relates comes to an end in accordance with the notice unless—
a
within the period of three months beginning with the day on which the notice is given, the operator gives the site provider a counter-notice in accordance with sub-paragraph (3), and
b
within the period of three months beginning with the day on which the counter-notice is given, the operator applies to the court for an order under paragraph 34.
2
Sub-paragraph (1) does not apply if the operator and the site provider agree to the continuation of the code agreement.
3
The counter-notice must state—
a
that the operator does not want the existing code agreement to come to an end,
b
that the operator wants the site provider to agree to confer or be otherwise bound by the existing code right on new terms, or
c
that the operator wants the site provider to agree to confer or be otherwise bound by a new code right in place of the existing code right.
3A
The counter-notice must also—
a
contain information about the availability of alternative dispute resolution in the event that the operator and the site provider are unable to reach agreement, and
b
explain the possible consequences of refusing to engage in alternative dispute resolution.
4
If, on an application under sub-paragraph (1)(b), the court decides that the site provider has established any of the grounds stated in the site provider's notice under paragraph 31, the court must order that the code agreement comes to an end in accordance with the order.
5
Otherwise the court must make one of the orders specified in paragraph 34.
6
Before applying under sub-paragraph (1)(b) for an order under paragraph 34 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 site provider.
7
The operator or the site provider may at any time give the other party to the agreement a notice in writing stating that the operator or the site provider (as the case may be) wishes to engage in alternative dispute resolution with the other party to the agreement in relation to the site provider’s notice under paragraph 31.
Sch. 3A para. 32(3A) inserted (7.11.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 69(3)(a), 79(2); S.I. 2023/1022, reg. 2(b)
Sch. 3A para. 32(6)(7) inserted (7.11.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 69(3)(b), 79(2); S.I. 2023/1022, reg. 2(b)
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))