The period for responses to the Consultation on Reforming the Electronic Communications Code ("the code") ends on 30th April 2015. It is of interest to Landowners who provide sites for electronic communications apparatus and electronic communication network Operators and can be accessed using the following link: https://www.gov.uk/government/consultations/consultation-on-reforming-the-electronic-communications-code
The Code extends to the whole of the UK and is currently found in Schedule 2 to the Telecommunications Act 1984 (as amended).
The Consultation, which raises many questions, invites submissions on all areas within the scope of the Code but also invites specific responses on the following areas:
- the definition of land and ownership of property
- how the court is to assess the level of payment for Code rights (including whether the valuer should ignore the right to assign and the value of site sharing)
- whether Operators should be given powers to upgrade and share apparatus in certain circumstances (without further payment)
- whether it should be possible to contract out of certain Code rights
- the role of land registration
- what transitional provisions may be required and how existing arrangements will be dealt with
If you would like assistance in submitting a response to the Consultation or further information, please contact Sheena Clifford or another member of our Land and Property team.