F1SCHEDULE 3AThe electronic communications code
PART 2Conferral of code rights and their exercise
Exercise of code rights
12
(1)
A code right is exercisable only in accordance with the terms subject to which it is conferred.
(2)
Anything done by an operator in the exercise of a code right conferred under this Part F2or Part 4A in relation to any land is to be treated as done in the exercise of a statutory power.
(3)
Sub-paragraph (2) does not apply against a person who—
(a)
is the owner of the freehold estate in the land or the lessee of the land, and
(b)
is not for the time being bound by the code right.
(4)
Sub-paragraph (2) does not apply against a person who has the benefit of a covenant or agreement entered into as respects the land, if—
(a)
the covenant or agreement was entered into under a enactment, and
(b)
by virtue of the enactment, it binds or will bind persons who derive title or otherwise claim—
(i)
under the covenantor, or
(ii)
under a party to the agreement.
(5)
In the application of sub-paragraph (3) to Scotland the reference to a person who is the owner of the freehold estate in the land is to be read as a reference to a person who is the owner of the land.