The Sizewell C (Nuclear Generating Station) Order 2022

Court imposition of code rights

4.—(1) This paragraph applies where—

(a) a code operator has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove electronic communications apparatus owned by the code operator within the Order limits and to install and keep installed electronic communications apparatus in substitution for it on, under or over specified land;

(b) the code operator has agreed in writing that the undertaker may seek code rights on behalf of the code operator in respect of the specified land, including all of the other terms of the agreement sought; and

(c) the code operator or the undertaker has given the relevant person a notice in writing—

(i) setting out the code rights, and all of the other terms of the agreement sought, and

(ii) stating that the person’s agreement to those terms is sought.

(2) The undertaker may apply to the court for an order under this paragraph if the relevant person does not, before the end of 28 days beginning with the day on which the notice in sub-paragraph (1)(c) is given, agree to confer or be otherwise bound by the code rights.

(3) An order under this paragraph is one which imposes on the code operator and the relevant person an agreement between them which—

(a) confers the code rights on the operator, or

(b) provides for the code rights to bind the relevant person.

(4) Where the undertaker makes an application to the court under sub-paragraph (2), paragraph 21, 22, 23, 24 and 26 of Part 4 of Schedule 3A (The Electronic Communications Code) and Part 14 (Compensation under The Code) of the Communications Act 2003 shall apply as if:

(a) reference to the making of an ‘order under paragraph 20’ were substituted for the making of an order under Schedule 18 of the Sizewell C (Nuclear Generating Station) Order 2022’; and

(b) unless otherwise agreed on a case-by-case basis in writing between the undertaker and the code operator, all references to ’consideration’ or ’compensation’ provided for in any agreement or order or otherwise to be determined shall be read as being payable by the undertaker.