Effect of agreements concerning sharing of apparatus

29

1

This paragraph applies where—

a

this code has been applied by a direction under section 106 of the Communications Act 2003 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 he has become a party to it) is a relevant agreement.

2

The limitation is not to 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 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 a statutory provision or otherwise) on that person.

4

In this paragraph—

• “consent requirement”, in relation to a person, means a requirement for him to obtain consent or permission to or in connection with—

  1. a

     the installation by him of apparatus; or

  2. b

     the doing by him of any other thing in relation to apparatus the use of which he is entitled or authorised to share;

• “relevant agreement” means an agreement in relation to electronic communications apparatus which—

  1. a

     relates to the sharing by different parties to the agreement of the use of that apparatus; and

  2. b

     is an agreement that satisfies the requirements of sub-paragraph (5);

• “statutory provision” means a provision of an enactment or of an instrument having effect under an enactment.

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 of the Communications Act 2003; 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 he 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 an order made by the Secretary of State;

• “programme service” has the same meaning as in the Broadcasting Act 1990.