Communications Act 2003, Schedule 3A, paragraph 31

How may a person bring a code agreement to an end?

SCHEDULE 3A The electronic communications code

31 (1) A site provider who is a party to a code agreement may bring the agreement to an end by giving a notice in accordance with this paragraph to the operator who is a party to the agreement.

(2) The notice must—

(a) comply with paragraph 89 (notices given by persons other than operators),

(b) specify the date on which the site provider proposes the code agreement should come to an end, and

(c) state the ground on which the site provider proposes to bring the code agreement to an end.

(3) The date specified under sub-paragraph (2)(b) must fall—

(a) after the end of the period of 18 months beginning with the day on which the notice is given, and

(b) after the time at which, apart from paragraph 30, the code right to which the agreement relates would have ceased to be exercisable or to bind the site provider or at a time when, apart from that paragraph, the code agreement could have been brought to an end by the site provider.

(4) The ground stated under sub-paragraph (2)(c) must be one of the following—

(a) that the code agreement ought to come to an end as a result of substantial breaches by the operator of its obligations under the agreement;

(b) that the code agreement ought to come to an end because of persistent delays by the operator in making payments to the site provider under the agreement;

(c) that the site provider intends to redevelop all or part of the land to which the code agreement relates, or any neighbouring land, and could not reasonably do so unless the code agreement comes to an end;

(d) that the operator is not entitled to the code agreement because the test under paragraph 21 for the imposition of the agreement on the site provider is not met.

Definitions used in Schedule 3A, paragraph 31 3

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
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 31 10

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

[2026] EWCA Civ 43 · 3 February 2026Interprets

The court used paragraph 31 to identify the termination procedure and the operator who should receive notice. The current operator exercising the code rights must be able to receive notice and respond, even where it acquired only the benefit of the agreement. (see paras [15]-[17]; [46]-[47]; [63]) The court considered the termination grounds for substantial breaches and persistent payment delays. It held that these provisions can operate sensibly by reference to performance while the current operator exercised the rights, despite tension with the literal wording. (see paras [49]; [53]-[54])

Vodaphone Ltd v Potting Shed Bar and Gardens Ltd & Anor

[2023] EWCA Civ 825 · 14 July 2023Limits

Allows a site provider who is a party to a code agreement to bring it to an end by notice to the operator party. Limits the grounds on which a site provider may initiate termination of a code agreement.

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

[2026] UKUT 286 (LC) · 29 July 2026Limits

The judgment rejects the argument that this termination ground makes Code-agreement status fluid; paragraph 31 instead allows a site provider to seek termination where rights are not being exercised. (see paras [101]–[103], [121])

What each judgment says about Schedule 3A, paragraph 31 is in the case-law panel in the full Act.