‘The Code’

Question 1

Key legislation

Answer 1

• Telecommunications Act 1984
• Communication Act 2003 ( introduced the Electronic Communications Code updated in 2017)

Question 2

Who does it apply to

Answer 2

Code operators eg BT, Vodaphone etc
Landowners, tenants, occupiers

Question 3

Key rights under the code

Answer 3

1. Install apparatus
2. Maintain, inspect, or remove apparatus
3. Upgrade / replace apparatus

Question 4

Types of agreement

Answer 4

• Wayleave (pre 2017)
  -Code agreement (post 2017) - formal agreement under the code allows operator rights to install and maintain equipment, includes compensation terms

Question 5

Compulsory vs voluntary

Answer 5

• voluntary: negotiated with landlord
• compulsory: under ECC, operators can apply to court for statutory powers

Question 6

Heads of Compensation

Answer 6

1. Capital value of land value lost
2. Disturbance
3. Reinstatement costs
   4 loss of income

Annual payments for wayleave negotiated or fixed by arbitration

Question 7

Rights and restrictions

Answer 7

Landowner
- cannot refuse access unreasonably
- can negotiate higher compensation
-can impose reasonable conditions

Operators
- cannot remove landowners rights to use land except where necessary
- cannot cause unnecessary damage