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Communications Act 2003
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- UK Public General Acts
- 2003 c. 21
- SCHEDULE 3A
- PART 4
- What is the test...
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Changes over time for: Cross Heading: What is the test to be applied by the court?
Version Superseded: 11/08/2022
Alternative versions:
- 31/07/2017- Amendment
- 01/11/2020
Point in time - 11/08/2022- Amendment
- 26/04/2023- Amendment
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Point in time view as at 01/11/2020.
Changes to legislation:
Communications Act 2003, Cross Heading: What is the test to be applied by the court? is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1What is the test to be applied by the court?U.K.
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)
21(1)Subject to sub-paragraph (5), the court may make an order under paragraph 20 if (and only if) the court thinks that both of the following conditions are met.U.K.
(2)The first condition is that the prejudice caused to the relevant person by the order is capable of being adequately compensated by money.
(3)The second condition is that the public benefit likely to result from the making of the order outweighs the prejudice to the relevant person.
(4)In deciding whether the second condition is met, the court must have regard to the public interest in access to a choice of high quality electronic communications services.
(5)The court may not make an order under paragraph 20 if it thinks that the relevant person intends to redevelop all or part of the land to which the code right would relate, or any neighbouring land, and could not reasonably do so if the order were made.]
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