SCHEDULES
C1F2SCHEDULE 3AThe electronic communications code
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))
PART 2Conferral of code rights and their exercise
Exercise of code rights
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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 F1or 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.
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)