CompensationU.K.
[F1[F227H(1)This paragraph applies where the court has made a Part 4A order.
(2)The court may, on the application of the required grantor, order the operator to pay compensation to the required grantor for any loss or damage that has been sustained or will be sustained by the required grantor as a result of the exercise by the operator of the Part 4A code right.
(3)An application for an order under this paragraph may be made at any time after the Part 4A order is made (including at a time when the Part 4A code right has ceased to be conferred on the operator by, or otherwise to bind, the required grantor).
(4)An order under this paragraph may—
(a)specify the amount of compensation to be paid by the operator, or
(b)give directions for the determination of any such amount.
(5)Directions under sub-paragraph (4)(b) may provide—
(a)for the amount of compensation to be agreed between the operator and the required grantor;
(b)for any dispute about that amount to be determined by arbitration.
(6)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.
(7)Paragraph 84 makes further provision about compensation in the case of a Part 4A order.]]
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)
F2Sch. 3A Pt. 4A inserted (15.3.2021 for specified purposes, 26.12.2022 for E.W. in so far as not already in force, 1.7.2023 for S. in so far as not already in force) by Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7), ss. 1, 3(3)(b)(4); S.I. 2022/1308, reg. 3(a)