SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 3

Assignment of code rights, and upgrading and sharing of apparatus

Effect of agreements enabling sharing between operators and others
18
1
This paragraph applies where—
a
this code has been applied by a direction under section 106 in a person's case,
b
this code expressly or impliedly imposes a limitation on the use to which electronic communications apparatus installed by that person may be put or on the purposes for which it may be used, and
c
that person is a party to a relevant agreement or becomes a party to an agreement which (after the person has become a party to it) is a relevant agreement.
2
The limitation does not preclude—
a
the doing of anything in relation to that apparatus, or
b
its use for particular purposes,
to the extent that the doing of that thing, or the use of the apparatus for those purposes, is in pursuance of the relevant agreement.
3
This paragraph is not to be construed, in relation to a person who is entitled or authorised by or under a relevant agreement to share the use of apparatus installed by another party to the agreement, as affecting any consent requirement imposed (whether by an agreement, an enactment or otherwise) on that person.
4
In this paragraph—
- “
consent requirement
”, in relation to a person, means a requirement for the person to obtain consent or permission to or in connection with—
  1. the installation by the person of apparatus, or
  2. the doing by the person of any other thing in relation to apparatus the use of which the person is entitled or authorised to share;
- “
relevant agreement
” means an agreement in relation to electronic communications apparatus which—
  1. relates to the sharing by different parties to the agreement of the use of that apparatus, and
  2. is an agreement that satisfies the requirements of sub-paragraph (5).
5
An agreement satisfies the requirements of this sub-paragraph if—
a
every party to the agreement is a person in whose case this code applies by virtue of a direction under section 106, or
b
one or more of the parties to the agreement is a person in whose case this code so applies and every other party to the agreement is a qualifying person.
6
A person is a qualifying person for the purposes of sub-paragraph (5) if the person is either—
a
a person who provides an electronic communications network without being a person in whose case this code applies, or
b
a designated provider of an electronic communications service consisting in the distribution of a programme service by means of an electronic communications network.
7
In sub-paragraph (6)—
- “
designated
” means designated by regulations made by the Secretary of State;
- “
programme service
” has the same meaning as in the Broadcasting Act 1990.
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))