F1SCHEDULE 3AThe electronic communications code
PART 2Conferral of code rights and their exercise
Who else is bound by code rights?
10
(1)
This paragraph applies if, in accordance with this Part, a code right is conferred on an operator in respect of land by a person (“O”) who is the occupier of the land when the code right is conferred.
(2)
If O has an interest in the land when the code right is conferred, the code right also binds—
(a)
the successors in title to that interest,
(b)
a person with an interest in the land that is created after the right is conferred and is derived (directly or indirectly) out of—
(i)
O's interest, or
(ii)
the interest of a successor in title to O's interest, and
(c)
any other person at any time in occupation of the land whose right to occupation was granted by—
(i)
O, at a time when O was bound by the code right, or
(ii)
a person within paragraph (a) or (b).
(3)
A successor in title who is bound by a code right by virtue of sub-paragraph (2)(a) is to be treated as a party to the agreement by which O conferred the right.
(4)
The code right also binds any other person with an interest in the land who has agreed to be bound by it.
(5)
If such a person (“P”) agrees to be bound by the code right, the code right also binds—
(a)
the successors in title to P's interest,
(b)
a person with an interest in the land that is created after P agrees to be bound and is derived (directly or indirectly) out of—
(i)
P's interest, or
(ii)
the interest of a successor in title to P's interest, and
(c)
any other person at any time in occupation of the land whose right to occupation was granted by—
(i)
P, at a time when P was bound by the code right, or
(ii)
a person within paragraph (a) or (b).
(6)
A successor in title who is bound by a code right by virtue of sub-paragraph (5)(a) is to be treated as a party to the agreement by which P agreed to be bound by the right.