Under the new Electronic Communications Code, to what extent can a purchaser of land in Scotland rely on a termination notice served by the seller on an operator on the ground that the land will be redeveloped where it is the purchaser who will redevelop the land?

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Produced in partnership with Hugh Olson of Arnot Manderson Advocates

Published on: 06 June 2019

The new electronic communications code (the ‘Code’) is governed by, and set out in sections 106–119 and the new Schedule 3A to the Communications Act 2003 (CA 2003), inserted by section 4 and Schedule 1 to the Digital Economy Act 2017. The new Code (which was brought into force on 28 December 2017) replaces the previous Electronic Communications Code, set out in Schedule 2 to the Telecommunications Act 1984 as amended by CA 2003 (the ‘previous Code’).

The new Code provides telecommunications operators with statutory rights to facilitate the creation and operation of their networks and aims to support the roll-out of digital technology such as 4g and superfast broadband.

This Q&A assumes that there is a lease or agreement in place which is one to which the Code termination provisions apply. A site provider

Jurisdiction(s):

United Kingdom

Key definition:

Electronic Communications Code definition

What does Electronic Communications Code mean?

The Electronic Communications Code, inserted into the communications act 2003, Schedule 3A, by the Digital Economy act 2017. A code right is granted in relation to an operator and any land, for the statutory purposes of providing an operator's network/infrastructure system, and for activities set out in the code.

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