SCHEDULES
C1F3SCHEDULE 3AThe electronic communications code
Sch. 3A applied by S.I. 1991/1220 (N.I. 11), art. 104(5) (as substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(c))
PART 2Conferral of code rights and their exercise
Who else is bound by code rights?
10
1
2
If O has an interest in the land when the code right is conferred, the code right also binds—
a
the successors in title to that interest,
b
a person with an interest in the land that is created after the right is conferred and is derived (directly or indirectly) out of—
i
O's interest, or
ii
the interest of a successor in title to O's interest, and
c
any other person at any time in occupation of the land whose right to occupation was granted by—
i
O, at a time when O was bound by the code right, or
ii
a person within paragraph (a) or (b).
3
A successor in title who is bound by a code right by virtue of sub-paragraph (2)(a) is to be treated as a party to the agreement by which O conferred the right.
4
The code right also binds any other person with an interest in the land who has F2, pursuant to an agreement under this Part or Part 4A, agreed to be bound by it.
5
If such a person (“P”) agrees to be bound by the code right, the code right also binds—
a
the successors in title to P's interest,
b
a person with an interest in the land that is created after P agrees to be bound and is derived (directly or indirectly) out of—
i
P's interest, or
ii
the interest of a successor in title to P's interest, and
c
any other person at any time in occupation of the land whose right to occupation was granted by—
i
P, at a time when P was bound by the code right, or
ii
a person within paragraph (a) or (b).
6
A successor in title who is bound by a code right by virtue of sub-paragraph (5)(a) is to be treated as a party to the agreement by which P agreed to be bound by the right.
Sch. 3A inserted (31.7.2017 for the purpose of making regulations under Sch. 3A para. 95, 22.11.2017 but only in relation to Sch. 3A para. 106, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(b)