OpenLegislation

Paragraph 29 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This Part of this code applies to an agreement under Part 2 of this code, subject to sub-paragraphs (2) to (4).

(2)

This Part of this code does not apply to a lease of land in England and Wales if—

(a)

its primary purpose is not to grant code rights, and

(b)

it is a lease to which Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business, professional and other tenants) applies.

(3)

In determining whether a lease is one to which Part 2 of the Landlord and Tenant Act 1954 applies, any agreement under section 38A (agreements to exclude provisions of Part 2) of that Act is to be disregarded.

(4)

This Part of this code does not apply to a lease of land in Northern Ireland if—

(a)

its primary purpose is not to grant code rights, and

(b)

it is a lease to which the Business Tenancies (Northern Ireland) Order 1996 (SI 1996/725 (NI 5)) applies.

(5)

An agreement to which this Part of this code applies is referred to in this code as a “code agreement”.

Annotations

Textual amendments

F1

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)

Notes on Schedule 3A

Modifications

C1

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))