Requirements for agreements
SCHEDULE 3A The electronic communications code
11 (1) An agreement under this Part—
(a) must be in writing,
(b) must be signed by or on behalf of the parties to it,
(c) must state for how long the code right is exercisable, and
(d) must state the period of notice (if any) required to terminate the agreement.
(2) Sub-paragraph (1)(a) and (b) also applies to the variation of an agreement under this Part.
(3) The agreement as varied must still comply with sub-paragraph (1)(c) and (d).
Existing agreements may be varied consensually in writing. The paragraph does not confer jurisdiction on the tribunal to impose a modification during the contractual term. (see paras [115]; [128]-[131])
Code agreements and consensual variations must be in writing. The ability to vary by agreement does not imply a power to compel variation under Part 4. (see paras [27], [68], [71])
Sets formal requirements for agreements under Part 2, including writing and signature by or for the parties.
What each judgment says about Schedule 3A, paragraph 11 is in the case-law panel in the full Act.