The Law Commission’s report on reform of the Electronic Communications Code was published in February 2013, following a consultation that ended in October 2012. Although the government announced last December that it would bring forward reforms to the Electronic Communications Code, it has come as a surprise to many that a new Code has been inserted into the Infrastructure Bill, which is currently before the Public Bill Committee in the House of Commons.
Property professionals, land owners and telecoms operators alike will be scrutinising the fine detail of the new Code, which (if approved by Parliament) will be included as a new Schedule in the Communications Act 2003. In keeping with the Law Commission’s recommendations, the Code has been completely rewritten in modern language and style, to make its effect clear and to remove various uncertainties that the previous Code created. This is an encouraging sign but only time will tell whether the new Code is sufficiently unambiguous to avoid potential bear traps for unwary landowners.
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