Old Electronic Communications Code (UK): Who Has Code Powers and Site Sharing Protection—Transitional Relevance

Published by a LexisNexis Property Disputes expert

Practice notes

ARCHIVED :

This archived Practice Note was produced in the setting of the earlier/old Electronic Communications Code (the previous Code) and addresses who held Code powers and who enjoyed Code protection when sharing sites under the former Electronic Communications Code; however, its material remains directly pertinent for the transitional provisions contained in the new Code. It is not kept up to date and is provided solely for general background information. The new Code, set out in Schedule 3A, Part 1 to the Communications Act 2003, commenced on 28 December 2017. The transitional provisions within the new Code, as outlined in Schedule 2 to the Digital Economy Act 2017, state that subsisting agreements made under the previous Code (that is, an agreement under paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the previous Code) will continue to operate as an agreement under the new Code, albeit subject to amendments, including those dealing with termination in respect of certain subsisting agreements. Those transitional provisions also preserve the rights of the operator or landowner as...

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Web page updated on 21/05/2026

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