Communications Act 2003, Schedule 3A, paragraph 29

Application of this Part

SCHEDULE 3A The electronic communications code

29 (1) This Part of this code applies to an agreement under Part 2 of this code, subject to sub-paragraphs (2) to (4).

(2) This Part of this code does not apply to a lease of land in England and Wales if—

(a) its primary purpose is not to grant code rights, and

(b) it is a lease to which Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business, professional and other tenants) applies.

(3) In determining whether a lease is one to which Part 2 of the Landlord and Tenant Act 1954 applies, any agreement under section 38A (agreements to exclude provisions of Part 2) of that Act is to be disregarded.

(4) This Part of this code does not apply to a lease of land in Northern Ireland if—

(a) its primary purpose is not to grant code rights, and

(b) it is a lease to which the Business Tenancies (Northern Ireland) Order 1996 ( SI 1996/725 ( NI 5)) applies.

(5) An agreement to which this Part of this code applies is referred to in this code as a “code agreement”.

Definitions used in Schedule 3A, paragraph 29 2

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
business

“business” includes any trade or profession;

Defined in s.405(1) · see it in the full Act

Cases considering Schedule 3A, paragraph 29 4

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd

[2022] UKSC 18 · 22 June 2022Interprets

The paragraph defines the agreements governed by Part 5 and excludes specified business leases. Read with paragraphs 28 and 30, it establishes the boundary between Part 4 and Part 5. (see paras [27]; [128]-[129])

Vodaphone Ltd v Potting Shed Bar and Gardens Ltd & Anor

[2023] EWCA Civ 825 · 14 July 2023Limits

Applies Part 5 to agreements under Part 2, subject to the business-lease exception. Begins the exception from the definition of code agreement for specified business leases. Excludes business leases whose primary purpose is not the grant of code rights. The lease in question was not excluded.

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

[2021] EWCA Civ 90 · 29 January 2021Limits

Part 5 applies to Part 2 agreements subject to its exceptions, including the exclusion for specified 1954 Act leases. (see paras [22], [34], [96]-[98]) A lease in England and Wales with a non-Code primary purpose and 1954 Act protection is excluded from Part 5. (see para [22]) The lease’s primary purpose must not be to grant Code rights for the paragraph 29(2) exclusion. (see para [22]) Part II of the 1954 Act must apply to the lease for the paragraph 29(2) exclusion. (see para [22]) An agreement excluding 1954 Act protection is disregarded when deciding whether Part II applies for paragraph 29 purposes. (see para [22])

What each judgment says about Schedule 3A, paragraph 29 is in the case-law panel in the full Act.