Article 18B Compensation for exercise of code rightsF1

(1)

This Article applies where—

(a)

the Lands Tribunal makes an order for the grant of a new tenancy,

(b)

the primary purpose of the new tenancy is to confer code rights,

(c)

the tenancy subsisting at the time the order is made is a subsisting agreement within the meaning of Schedule 2 to the Digital Economy Act 2017, and

(d)

the primary purpose of that tenancy was to confer code rights.

(2)

The Lands Tribunal may order the tenant to pay compensation to the landlord for any damage or loss that has been sustained or will be sustained by the landlord as a result of the exercise of the code rights conferred by the new tenancy.

(3)

An order under paragraph (2) may be made—

(a)

at the time the Lands Tribunal makes the order for the grant of the new tenancy, or

(b)

at any time afterwards, on the application of the landlord.

(4)

An order under paragraph (2) may—

(a)

specify the amount of compensation to be paid by the tenant, or

(b)

give directions for the determination of any such amount.

(5)

Directions under paragraph (4)(b) may provide—

(a)

for the amount of compensation to be agreed between the landlord and the tenant;

(b)

for any dispute about that amount to be determined by arbitration.

(6)

An order under paragraph (2) may provide for the tenant—

(a)

to make a lump sum payment,

(b)

to make periodical payments,

(c)

to make a payment or payments on the occurrence of an event or events, or

(d)

to make a payment or payments in such form or at such other time or times as the Lands Tribunal may direct.

(7)

Article 18C makes further provision about compensation in relation to the exercise of code rights conferred by a tenancy granted in pursuance of an order of the Lands Tribunal.

(8)

In this Article, references to “code rights” are to be read—

(a)

in relation to the new tenancy, in accordance with paragraph 3 of the electronic communications code set out in Schedule 3A to the Communications Act 2003;

(b)

in relation to a subsisting agreement within the meaning of Schedule 2 to the Digital Economy Act 2017, in accordance with paragraph 3 of that Schedule.

Annotations

Textual amendments

F1: Arts. 18B, 18C inserted (7.4.2026) by Product Security and Telecommunications Infrastructure Act 2022 (c. 46), ss. 64(2), 79(2); S.I. 2025/1326, reg. 2(d) (with regs. 6-8)