3 [F1393 (1) F1393] For the purposes of this code a “code right”, in relation to an operator and any land, is a right for the statutory purposes—
Definitions used in Schedule 3A, paragraph 3 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 3 11
Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd
The paragraph defines code rights as an extensive menu of rights relating to apparatus. The range of separate rights supports allowing operators to acquire additional rights as technological needs develop. (see paras [12]; [119]; [141])
Cornerstone Telecommunications Infrastructure v Ashloch Ltd & Anor (Rev 2)
Paragraph 3 supplies the Code’s concept of a code right, which is used in interpreting the conferral provisions. (see paras [26], [34], [88])
The University of London v Cornerstone Telecommunications Infrastructure Limited
Paragraph 3 lists the rights that may be selected as code rights. The court held that the list permits an operator to seek only one or some of those rights, including an MSV right under paragraph 3(d). (see paras [9], [22], [56]-[58]) The right to install electronic communications apparatus necessarily includes entry and steps required to carry out the actual installation. It does not necessarily include an MSV which may establish that no installation will occur. (see paras [36]-[44]) Paragraph 3(c) concerns inspection of electronic communications apparatus, rather than inspection of land to determine whether apparatus should be installed. (see paras [42]-[43]) The term “works” in paragraph 3(d) includes operations required for a non-intrusive MSV. “In connection with” extends to works connected with a future and uncertain installation, so a survey needed to assess a potential site falls within paragraph 3(d). (see paras [45]-[56]) Paragraph 3(f) concerns entering land to inspect electronic communications apparatus already on, under or over land. It does not address a pre-installation site survey. (see para [42])
- AP Wireless II (UK) Limited v On Tower UK Limited
- On Tower UK Limited v British Telecommunications PLC
- On Tower UK Limited v JH & FW Green Limited
- On Tower UK Limited v AP Wireless II (UK) Limited
- Vodaphone Ltd v Potting Shed Bar and Gardens Ltd & Anor
- Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd
- On Tower UK Limited v AP Wireless II (UK) Limited
- EE Limited v AP Wireless II (UK) Limited
What each judgment says about Schedule 3A, paragraph 3 is in the case-law panel in the full Act.
Amendments and notes
1 notes from legislation.gov.uk
Amendments
- F1393Sch. 3A para. 3 renumbered as Sch. 3A para. 3(1) (7.2.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 57(2)(a), 79(2) (with s. 57(7)); S.I. 2023/109, reg. 2(a)