[F19[F2(1)]A code right in respect of land may only be conferred on an operator by an agreement between the occupier of the land and the operator.U.K.
[F3(2)But in a case where an operator (“the first operator”) has the right to share the use of electronic communications apparatus with another operator (“the second operator”) under or by virtue of an agreement under this Part, sub-paragraph (1) does not prevent the agreement from providing for the first operator to permit the second operator to exercise, in connection with the sharing, a code right conferred on the first operator by the agreement.]]
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 para. 9 renumbered as Sch. 3A para. 9(1) (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(4)(a), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)
F3Sch. 3A para. 9(2) inserted (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(4)(b), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)