22 An agreement imposed by an order under paragraph 20 takes effect for all purposes of this code as an agreement under Part 2 of this code between the operator and the relevant person.
Definitions used in Schedule 3A, paragraph 22 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- relevant person
(7) In sub-paragraph (6)(a) “relevant person”, in relation to land to which section 90B(5) of the Scotland Act 1998 applies, means the person having the management of that land.
Defined in Sch.3A para.104(7) · see it in the full Act
Cases considering Schedule 3A, paragraph 22 6
Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd
The provision deems an agreement imposed under paragraph 20 to be a Part 2 agreement. The court used that deeming effect to explain interim and temporary agreements as agreements with the occupier for Code purposes (see paras [18]; [73]-[74]).
Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd
An agreement imposed under paragraph 20 takes effect as an agreement under Part 2, reflecting the Code's use of contractual agreements as the foundation of code rights. (see paras [22]; [117])
Vodaphone Ltd v Potting Shed Bar and Gardens Ltd & Anor
Provides that an agreement imposed under paragraph 20 takes effect as an agreement under Part 2.
- Cornerstone Telecommunications Infrastructure v Ashloch Ltd & Anor (Rev 2)
- Gravesham Borough Council v On Tower UK Limited
- Cornerstone Telecommunications Infrastructure Limited v St Martins Property Investments Limited & Anor
What each judgment says about Schedule 3A, paragraph 22 is in the case-law panel in the full Act.
Amendments and notes
2 notes from legislation.gov.uk
Modifications
- C82Sch. 3A paras. 21-24 applied (with modifications) (13.11.2025) by The Stonestreet Green Solar Order 2025 (S.I. 2025/1175), art. 1, Sch. 12 para. 4(4) (with art. 40, Sch. 13)
- C83Sch. 3A para. 22 applied (with modifications) (E.W.) (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), art. 1, Sch. 18 para. 4(4) (with arts. 62, 76, 87)