Communications Act 2003, Schedule 3A, paragraph 10

Who else is bound by code rights?

SCHEDULE 3A The electronic communications code

10 (1) This paragraph applies if, [F1401 in accordance with this Part F1401] [F1401 pursuant to an agreement under this Part or Part 4A F1401] , a code right is conferred on an operator in respect of land by a person (“O”) who is the occupier of the land when the code right is conferred.

(2) If O has an interest in the land when the code right is conferred, the code right also binds—

(a) the successors in title to that interest,

(b) a person with an interest in the land that is created after the right is conferred and is derived (directly or indirectly) out of—

(i) O's interest, or

(ii) the interest of a successor in title to O's interest, and

(c) any other person at any time in occupation of the land whose right to occupation was granted by—

(i) O, at a time when O was bound by the code right, or

(ii) a person within paragraph (a) or (b).

(3) A successor in title who is bound by a code right by virtue of sub-paragraph (2)(a) is to be treated as a party to the agreement by which O conferred the right.

(4) The code right also binds any other person with an interest in the land who has [F1402 , pursuant to an agreement under this Part or Part 4A,F1402] agreed to be bound by it.

(5) If such a person (“P”) agrees to be bound by the code right, the code right also binds—

(a) the successors in title to P's interest,

(b) a person with an interest in the land that is created after P agrees to be bound and is derived (directly or indirectly) out of—

(i) P's interest, or

(ii) the interest of a successor in title to P's interest, and

(c) any other person at any time in occupation of the land whose right to occupation was granted by—

(i) P, at a time when P was bound by the code right, or

(ii) a person within paragraph (a) or (b).

(6) A successor in title who is bound by a code right by virtue of sub-paragraph (5)(a) is to be treated as a party to the agreement by which P agreed to be bound by the right.

Definitions used in Schedule 3A, paragraph 10 2

the operator

18 (1) This paragraph applies where, immediately before the abolition of licensing, a person holding a licence under section 7 of the 1984 Act (“the operator”) —

(a) is a person to whom the telecommunications code applies in respect of the running of a telecommunications system by him (“the operator’s system”); and

(b) in pursuance of a condition of his licence imposed for the purpose of securing that sufficient funds are available to meet code-related liabilities specified in the licence, is a party to any guarantee arrangements.

Defined in Sch.18 para.18(1) · see it in the full Act
land

(8) In this paragraph, “land” has the meaning assigned to it by section 45(1)(a) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

Defined in Sch.4 para.5(8) · see it in the full Act

Cases considering Schedule 3A, paragraph 10 4

On Tower UK Limited v AP Wireless II (UK) Limited

[2026] EWCA Civ 43 · 3 February 2026Interprets

The court used paragraph 10 to explain how code rights bind successors in title and how successors may be treated as parties. It was contextual to the interpretation of “party to a code agreement”. (see paras [21]; [37]-[41]) The court referred to paragraph 10(2)(a) as the route by which a code right binds successors in title to the relevant interest in land. (see paras [21]; [37]; [40]) The court treated paragraph 10(3) as deeming a successor in title bound by a code right to be a party to the agreement, while confirming that it is not exhaustive of persons who may be treated as parties. (see paras [21]; [37]-[41]; [43])

Vodaphone Ltd v Potting Shed Bar and Gardens Ltd & Anor

[2023] EWCA Civ 825 · 14 July 2023Interprets

Identifies the circumstances in which paragraph 10 applies, namely where an occupier confers a code right under a Code agreement. Creates categories of persons who are bound by code rights, including successors in title and persons holding later derivative interests. Deems a successor in title bound under paragraph 10(2)(a) to be a party to the agreement. It is not an exhaustive statement of every person who may be a party to a code agreement.

Cornerstone Telecommunications Infrastructure v Ashloch Ltd & Anor (Rev 2)

[2021] EWCA Civ 90 · 29 January 2021Interprets

Paragraph 10 identifies persons who may be bound by a right already conferred by the occupier. It does not permit a non-occupier to confer the original right. (see paras [27], [31]) The provision is used to distinguish binding a person by an existing Code right from conferring the right in the first place. (see paras [27], [31])

What each judgment says about Schedule 3A, paragraph 10 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F1401Words in Sch. 3A para. 10(1) substituted (15.3.2021 for specified purposes, 26.12.2022 for E.W. in so far as not already in force, 1.7.2023 for S. in so far as not already in force) by Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7), s. 3(3)(b)(4), Sch. para. 4(2)(a); S.I. 2022/1308, reg. 3(c)
  2. F1402Words in Sch. 3A para. 10(4) inserted (15.3.2021 for specified purposes, 26.12.2022 for E.W. in so far as not already in force, 1.7.2023 for S. in so far as not already in force) by Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7), s. 3(3)(b)(4), Sch. para. 4(2)(b); S.I. 2022/1308, reg. 3(c)