Paragraph 6 I1

(1)

This paragraph applies in relation to a subsisting agreement, in place of paragraph 29(2) to (4) of the new code.

(2)

Part 5 of the new code (termination and modification of agreements) does not apply to a subsisting agreement that is a lease of land in England and Wales, if—

(a)

it is a lease to which Part 2 of the Landlord and Tenant Act 1954 applies, and

(b)

there is no agreement under section 38A of that Act (agreements to exclude provisions of Part 2) in relation the tenancy.

(3)

Part 5 of the new code does not apply to a subsisting agreement that is a lease of land in England and Wales, if—

(a)

the primary purpose of the lease is not to grant code rights (the rights referred to in paragraph 3 of this Schedule), and

(b)

there is an agreement under section 38A of the 1954 Act in relation the tenancy.

(4)

Part 5 of the new code does not apply to a subsisting agreement that is a lease of land in Northern Ireland, if it is a lease to which the Business Tenancies (Northern Ireland) Order 1996 (SI 1996/725 (NI 5)) applies.

Annotations

Commencement

I1: Sch. 2 para. 6 in force at 28.12.2017 by S.I. 2017/1286, reg. 2(c)