OpenLegislation

Paragraph 30 F1

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

(1)

Sub-paragraph (2) applies if—

(a)

a code right is conferred by, or is otherwise binding on, a person (the “site provider”) as the result of a code agreement, and

(b)

under the terms of the agreement—

(i)

the right ceases to be exercisable or the site provider ceases to be bound by it, or

(ii)

the site provider may bring the code agreement to an end so far as it relates to that right.

(2)

Where this sub-paragraph applies the code agreement continues so that—

(a)

the operator may continue to exercise that right, and

(b)

the site provider continues to be bound by the right.

(3)

Sub-paragraph (2) does not apply to a code right which is conferred by, or is otherwise binding on, a person by virtue of an order under paragraph 26 (interim code rights) or 27 (temporary code rights).

(4)

Sub-paragraph (2) is subject to the following provisions of this Part of this code.

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))