Communications Act 2003 Sch.3A para.84 – Compensation where agreement imposed or apparatus removed

84 (1) This paragraph applies to the following powers of the court to order an operator to pay compensation to a person—

(a) the power in paragraph 25(1) (compensation where order made imposing agreement on person);

[^F1443 (aa) the power in paragraph 27H(2) (compensation where Part 4A order made);^F1443]

(b) the power in paragraph 44(5) (compensation in relation to removal of the apparatus from the land).

(2) Depending on the circumstances, the power of the court to order the payment of compensation for loss or damage includes power to order payment for—

(a) expenses (including reasonable legal and valuation expenses, subject to the provisions of any enactment about the powers of the court by whom the order for compensation is made to award costs or, in Scotland, expenses),

(b) diminution in the value of the land, and

(3) For the purposes of assessing such compensation for diminution in the value of land, the following provisions apply with any necessary modifications as they apply for the purposes of assessing compensation for the compulsory purchase of any interest in land—

(a) in relation to England and Wales, rules (2) to (4) set out in section 5 of the Land Compensation Act 1961;

(b) in relation to Scotland, rules (2) to (4) set out in section 12 of the Land Compensation (Scotland) Act 1963;

(c) in relation to Northern Ireland, rules (2) to (4) set out in Article 6(1) of the Land Compensation (Northern Ireland) Order 1982 ( SI 1982/712 ( NI 9)).

(4) In the application of this paragraph to England and Wales, section 10(1) to (3) of the Land Compensation Act 1973 (compensation in respect of mortgages, trusts of land and settled land) applies in relation to such compensation for diminution in the value of land as it applies in relation to compensation under Part 1 of that Act.

(5) In the application of this paragraph to Scotland, section 10(1) and (2) of the Land Compensation (Scotland) Act 1973 (compensation in respect of restricted interests in land) applies in relation to such compensation for diminution in the value of land as it applies in relation to compensation under Part 1 of that Act.

(6) In the application of this paragraph to Northern Ireland, Article 13(1) to (3) of the Land Acquisition and Compensation (Northern Ireland) Order 1973 ( SI 1973/1896 ( NI 21)) (compensation in respect of mortgages, trusts for sale and settlements) applies in relation to such compensation for diminution in the value of land as it applies in relation to compensation under Part II of that Order.

(7) Where a person has a claim for compensation to which this paragraph applies and a claim for compensation under any other provision of this code in respect of the same loss, the compensation payable to that person must not exceed the amount of that person's loss.

Definitions used in Schedule 3A, paragraph 84 4

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

enactment

“enactment” includes any enactment comprised in an Act of the Scottish Parliament or in any Northern Ireland legislation;

Defined in s.405(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

modification

“modification” includes omissions, alterations and additions, and cognate expressions are to be construed accordingly;

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

Cases considering Schedule 3A, paragraph 84 3

Cornerstone Telecommunications Infrastructure Limited v St Martins Property Investments Limited & Anor

[2021] UKUT 262 (LC) · 8 October 2021

Confirms the site provider’s statutory entitlement to compensation for expenses arising from the exercise of interim access rights, leaving parties free to agree machinery or use the statutory procedure (see paras [12], [25]-[26]). Applies the entitlement to reasonable legal and valuation expenses. The site provider was entitled to recover all reasonable transactional legal expenses, assessed here at £11,000 (see paras [30], [33]-[35]).

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

[2022] UKUT 152 (LC) · 17 June 2022

The Tribunal applied paragraph 84 and allowed the respondent’s reasonable non-litigation legal and valuation expenses as transaction costs. (see paras [258]-[261])

EE Limited & Anor v Affinity Water Limited

[2022] UKUT 8 (LC) · 17 January 2022

The provision confirms that compensation may include reasonable legal and valuation expenses. It supported the award of reasonable professional fees (see paras [86]-[89]).

What each judgment says about Schedule 3A, paragraph 84 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

F1443Sch. 3A para. 84(1)(aa) inserted (15.3.2021 for specified purposes, 26.12.2022 for E.W. in so far as not already in force, 1.7.2023 for S. in so far as not already in force) by Telecommunications Infrastructure (Leasehold Property) Act 2021 (c. 7), s. 3(3)(b)(4), Sch. para. 4(10); S.I. 2022/1308, reg. 3(c)