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Code powers meaning

What does Code powers mean?
In practice, “code powers” describes the statutory rights enabling telecoms operators to install, keep, upgrade, share and maintain electronic communications apparatus (fibre cables, ducts, masts, poles and cabinets) on, under or over land and in streets. In the UK, this refers to the Electronic Communications Code in Schedule 3A to the Communications Act 2003, applied by Ofcom under section 106. The expression is shorthand rather than a defined term. Operators with the benefit of the Code can obtain “code rights” by agreement (often a wayleave) with the landowner or occupier, or, failing agreement, by order of the relevant tribunal (Upper Tribunal (Lands Chamber) in England and Wales, Lands Tribunal for Scotland, and Lands Tribunal for Northern Ireland). The Code works alongside street works legislation (New Roads and Street Works Act 1991 and corresponding Scottish and Northern Irish regimes), which authorises works in the highway subject to notification, permitting and reinstatement duties. Key features include rights that bind successors, statutory valuation for consideration and compensation, regulated upgrade and sharing, and procedures for modification, termination and removal. In Ireland, comparable powers arise for authorised undertakings under the Communications Regulation Acts and roads/planning legislation; “code powers” is not a statutory term there.
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CHECKLISTS
POCA 2002 cash search powers: checklist on premises, vehicles and persons; reasonable suspicion, £1,000 thresholds, prior approval and reporting

Code of Practice Search powers detailed in this Checklist are governed by the Recovery of cash: search powers, code of practice, in accordance with section 292 as stipulated...

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CHECKLISTS
Advance Decisions to Refuse Treatment under the MCA 2005: Practitioner Checklist on Capacity, Drafting, Formalities, LPA Conflicts, Notification and Review (England and Wales)

An advance decision allows a person to set out refusals of specified medical treatment that will apply in the future if, at that time, they lack the capacity to consent to or decline such treatment. This Checklist highlights the points practitioners should work through when taking instructions and advising a client on creating an advance decision. Capacity Assess whether the client has the capacity to make an advance decision; refer to chapter 3 of the Mental Capacity Act 2005 (MCA 2005) Code of Practice. Lasting power of attorney (LPA) compatibility Ensure there is no inconsistency between the advance decision and any health and welfare LPA the client has put in place...

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NEWS
UK and EU energy law and policy weekly highlights: renewables, hydrogen/CCUS, disputes, emissions and key dates—4 December 2025

In this issue: Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects Hydrogen, CCUS and emerging technologies Energy disputes Air emissions, efficiency, and climate change International energy LexTalk®Energy: a Lexis®Nexis community New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Electricity and gas market regulation and licensing DESNZ confirms enduring governance for Smart Secure Electricity Systems DESNZ has issued its response to the 2025 consultation on enduring governance for the Smart Secure Electricity Systems (SSES) Programme, confirming that Elexon, through the Balancing and Settlement Code (BSC), will establish new Technical and Security Governance Groups to guide the technical and security frameworks that enable consumer-led flexibility. Using powers in section 245 of the Energy Act 2023, the government will amend the BSC so Elexon can run these groups as BSC Panel sub-committees and...

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NEWS
UK energy law weekly update: DESNZ and Ofgem consultations, CfD AR7 budgets, OFTO and network reforms, retail TPI regulation, non-domestic smart meters, ETS aviation, CMP444 rejection, key deadlines

In this issue: Electricity and gas market regulation and licensing Networks and grid connections Renewable energy Capacity Market, balancing services and system flexibility Air emissions, efficiency and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Energy resources on Lexis+® Electricity and gas market regulation and licensing DESNZ has opened a consultation to strengthen Energy Ombudsman (EO) powers. It will concentrate on complaints from domestic energy suppliers, small enterprise complaints against non-domestic suppliers, and heat network complaints. Electricity and gas networks and third-party intermediaries will instead be consulted on separately. The plans include shortening the escalation period for complaints from eight to four weeks, allowing automatic compensation where EO decisions are not put into effect promptly, and granting the EO a statutory designation. DESNZ has also stated that Ofgem will regulate third‑party intermediaries, including energy brokers and price comparison sites, which have previously operated...

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NEWS
Energy law and regulation weekly update: codes reform, NESO Ten Year Statement, Capacity Market amendments, Ofgem consultations, North Sea M&A guidance, hydrogen and CCUS milestones—30 January 2025

In this issue: Electricity and gas market regulation and licensing Networks and network connections Capacity Market, balancing services and energy system flexibility Oil and gas Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ publishes Secretary of State’s designation of energy codes and central systems DESNZ has released a designation notice from Secretary of State for Energy Security and Net Zero, Ed Miliband, setting his decision to designate specified energy codes and central systems as qualifying documents and central systems for the purposes of Schedule 12 to the Energy Act 2023. This designation enables Ofgem to use its transitional powers to deliver reform of energy code governance. See: LNB News 29/01/2025 44...

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PRACTICE NOTES
Share-based remuneration for UK non-executive directors: independence, employees’ share scheme status, Listing/AIM, UK MAR, pre-emption, financial assistance, FSMA, disclosure and practical structuring options

Meaning of ‘non-executive director’ The broad definition of ‘director’ is not closed. Under the Companies Act 2006 (CA 2006), a director is any person who occupies the office of director, whatever title they hold. Accordingly, this covers both executive and non-executive directors (NEDs). Executive directors are typically authorised, either by the company’s constitution or by authority delegated from the board, to manage the company’s day-to-day affairs, and they usually have a full-time service contract. NEDs generally: have no executive powers play a pivotal role in the company’s corporate governance are not employees of the company There are a number of challenges around granting shares to NEDs. This Practice Note considers the issues to assess when offering shares or share-based remuneration to NEDs, including: the potential impact on the NED’s independence the share dealing provisions of Assimilated Regulation (EU) 596/2014 for the UK, and the Market Abuse Regulation (Regulation (EU) 596/2014) previously and for the EU ...

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PRACTICE NOTES
Ofcom Regulation of Market Power in UK Telecommunications: SMP Framework, Market Reviews (PIMR, BCMR, WFTMR, WVMR, Hull Area), Appeals, and the Digital Markets, Competition and Consumers Act 2024

Telecommunications in the UK is governed by both sector‑specific regulation and the general framework of competition law. This Practice Note explains how Ofcom, the UK’s national regulator, undertakes market reviews of the telecoms sector, with a particular emphasis on the Physical Infrastructure and Business Connectivity Markets, and the Wholesale Fixed Telecoms Market Review. Ofcom’s powers Ofcom has powers under the Communications Act 2003 (CA 2003) to assess defined markets, judge whether competition is effective, and impose suitable remedies where competition issues are found. Several of these powers originated in European directives transposed into UK law. The most recent is Directive (EU) 2018/1972, which establishes the European Electronic Communications Code (Recast), implemented in December 2020. Those powers continue to apply because the implementing measures are EU‑derived domestic legislation and now sit within assimilated law. For further detail on the European Electronic Communications Code, see the Practice Note on the European Electronic Communications Code. ‘Assimilated law’ is the term for retained EU law (REUL) that remains in effect after the...

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PRACTICE NOTES
Interim measures in New Zealand arbitration: tribunal and court powers, tests, freezing orders, security for costs, without notice and emergency arbitrator orders

Interim remedies in support of arbitration—the legislative regime Arbitration in New Zealand is regulated by the Arbitration Act 1996 (the Act). The principal body of the Act sets out general provisions and rules applicable. Schedule 1 contains an adapted form of the United Nations Commission on International Trade Law (UNCITRAL) Model Law (the Model Law), and Schedule 2 sets out special rules that generally apply only to domestic arbitrations. In 2007, New Zealand was the first country in the world to implement amendments to the original Model Law put forward by the UNCITRAL 2000 working group, delivering a more comprehensive code for interim measures in support of arbitration. This New Zealand regime is located, in particular, in articles 9 and 17–17M of Schedule 1 to the Act: article 9 of the Act provides for court-ordered interim measures in support of arbitration; and articles 17–17M of the Act concern the making of interim measures orders by arbitral tribunals Provision for awards and orders...

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PRECEDENTS
UK schemes of arrangement: offeror/offeree checklist of documents, announcements, court filings and website disclosures under the Takeover Code and Companies Act 2006

Unless stated otherwise, every item appears on the document list for both the offeror and the offeree. Mentions of the ‘Code’ denote the City Code on Takeovers and Mergers, and ‘CA 2006’ means the Companies Act 2006. A. Preliminary documents Index of documents — OfferEE/OFFEROR Scheme schedule — OfferEE/OFFEROR Parties list — OfferEE/OFFEROR Financial adviser’s client letter on confidentiality, etc — Rule 2.1(b) — FINANCIAL ADVISER Due diligence checklist — OFFEROR AND (IF APPROPRIATE) OFFEREE Application to inspect the offeree’s share register and register of interests, plus other details on the offeree’s share capital, shareholders and option holders, etc — CA 2006, ss 114 and 808; Note 3 on Rule 10.1 — OFFEROR Request for details about share interests — CA 2006, s 793 — OFFEREE/OFFEROR Request for information provided to a competing offeror (if appropriate) — Rule 21.3 — OFFEROR Note for directors on legal, Code and other duties — Rules 2.1(b) and 19.1 — OFFEROR/OFFEREE ...

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PRECEDENTS
UK Takeover Code checklist: documents, announcements, website disclosures, board minutes, regulatory clearances and filings for contractual offers

A. Preliminary documents Unless otherwise indicated, each document appears in the document list for both the offeror and the offeree. References to the ‘Code’ are to the City Code on Takeovers and Mergers, and references to the ‘CA 2006’ are to the Companies Act 2006. Number, document title, Code/statutory citation (if relevant), and responsibility follow. Document schedule — Offeree/Offeror Timetable of offer — Offeree/Offeror Parties list — Offeree/Offeror Financial adviser’s client letter on secrecy, etc — Rule 2.1(b) — Financial adviser Due diligence checklist — Offeror and (if appropriate) offeree Search of offeree share register/interest register; other data on share capital, shareholders and option holders, etc — CA 2006, ss 114, 808; Note 3 on Rule 10.1 — Offeror Request re share interests — CA 2006, s 793 — Offeree/Offeror Request for information given to a competing offeror (if relevant) — Rule 21.3 — Offeror Directors’ memorandum on legal, Code and other duties — Rules 2.1(b) and 19.1...

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