Communications Act 2003, Schedule 3A, paragraph 30

Continuation of code rights

SCHEDULE 3A The electronic communications code

30 (1) Sub-paragraph (2) applies if—

(a) a code right is conferred by, or is otherwise binding on, a person (the “site provider”) as the result of a code agreement, and

(b) under the terms of the agreement—

(i) the right ceases to be exercisable or the site provider ceases to be bound by it, or

(ii) the site provider may bring the code agreement to an end so far as it relates to that right.

(2) Where this sub-paragraph applies the code agreement continues so that—

(a) the operator may continue to exercise that right, and

(b) the site provider continues to be bound by the right.

(3) Sub-paragraph (2) does not apply to a code right which is conferred by, or is otherwise binding on, a person by virtue of an order under paragraph 26 (interim code rights) or 27 (temporary code rights).

(4) Sub-paragraph (2) is subject to the following provisions of this Part of this code.

Definitions used in Schedule 3A, paragraph 30 2

code agreement

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

Defined in Sch.3A para.29(5) · see it in the full Act
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

Cases considering Schedule 3A, paragraph 30 11

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd

[2022] UKSC 18 · 22 June 2022Interprets

When code rights continue by statutory operation after the contractual term, Part 5 applies to the exclusion of Part 4 for their compulsory continuation or modification. (see paras [128]-[130])

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

[2026] EWCA Civ 43 · 3 February 2026

The court treated paragraph 30 as continuing a code agreement and its code rights beyond the contractual end point. That continuation formed the statutory context for recognising the current operator as a party for Part 5 purposes. (see paras [14]; [45]-[48]; [62]-[63]) The court treated paragraph 30(2) as continuing the agreement so that the operator may continue exercising the code right and the site provider remains bound. (see paras [14]; [62]-[63])

Vodaphone Ltd v Potting Shed Bar and Gardens Ltd & Anor

[2023] EWCA Civ 825 · 14 July 2023Limits

Provides for continuation of code rights and code agreements after their contractual expiry, subject to Part 5 procedures. Continues the code agreement so that the operator may continue exercising the right and the site provider remains bound after contractual expiry. Makes continuation under paragraph 30(2) subject to the remaining provisions of Part 5.

What each judgment says about Schedule 3A, paragraph 30 is in the case-law panel in the full Act.