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The Digital Economy Act 2017 (Commencement No 3) Regulations 2017 bring the new electronic communications code into effect on 28th December with some significant changes for landowners to be aware of.
The new code will apply to existing agreements subject to some complex transitional provisions so it will affect you even if your telecoms agreement has been in place for many years.
In general the new code is like the old in that there is no guarantee that an owner can obtain vacant possession at the end of the agreement. An owner who doesn’t want to enter into a code agreement can have the rights forced upon them by a court order.
By way of reminder the main differences between the old code and the new are:
It will be some time before we can assess the impact of the changes to the electronic communications code but, as anticipated, it is operator friendly and careful consideration should be given by landowners before entering into any agreement which may be caught by it.
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