New Schedule 3 - The electronic communications code: consequential amendments

Infrastructure Bill [Lords] – in a Public Bill Committee at 3:30 pm on 15th January 2015.

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‘Landlord and Tenant Act 1954 (c. 56)

1 In section 23 of the Landlord and Tenant Act 1954 (tenancies to which provisions on security of tenure for business etc tenants apply) after subsection (4) insert—

“(5) This Part does not apply to a tenancy the primary purpose of which is to grant code rights within the meaning of Schedule 3A to the Communications Act 2003 (the electronic communications code).”

Landlord and Tenant Act 1987 (c. 31)

2 In section 4(2) of the Landlord and Tenant Act 1987 (disposals which are not relevant disposals for purposes of tenants’ right of first refusal) after paragraph (da) insert—

“(da) the conferral of a code right under Schedule 3A to the Communications Act 2003 (the electronic communications code);”.

Landlord and Tenant (Covenants) Act 1995 (c. 30)

3 In section 5 of the Landlord and Tenant (Covenants) Act 1995 (tenant released from covenants on assignment of tenancy), after subsection (4) insert—

“(5) This section is subject to paragraph 15(4) of Schedule 3A to the Communications Act 2003 (which places conditions on the release of an operator from liability under an agreement granting code rights under the electronic communications code).”

Business Tenancies (Northern Ireland) Order 1996 (SI 1996/725 (NI 5))

4 In Article 4(1) of the Business Tenancies (Northern Ireland) Order 1996 (tenancies to which the Order does not apply) after paragraph (k) insert—

“(l) a tenancy the primary purpose of which is to grant code rights within the meaning of Schedule 3A to the Communications Act 2003 (the electronic communications code).”

Land Registration Act 2002 (c. 9)

5 The Land Registration Act 2002 is amended as follows.

6 In Schedule 1 (unregistered interests which override first registration) after paragraph 9 insert—

“Rights under the electronic communications code

9A A code right within the meaning of Schedule 3A to the Communications Act 2003 (the electronic communications code), other than a right conferred by a lease.”

7 In Schedule 3 (unregistered interests which override registered dispositions) after paragraph 9 insert—

“Rights under the electronic communications code

9A A code right within the meaning of Schedule 3A to the Communications Act 2003 (the electronic communications code), other than a right conferred by a lease.”

Communications Act 2003 (c. 21)

8 The Communications Act 2003 is amended as follows.

9 (1) Section 394 (service of notifications and other documents) is amended as follows.

(2) In subsection (2) omit paragraph (d).

(3) After subsection (10) insert—

“(11) In its application to Schedule 3A this section is subject to paragraph 88 of that Schedule.”

10 (1) Section 402 (power of Secretary of State to make orders and regulations) is amended as follows.

(2) In subsection (2) after paragraph (a) insert—

“(aa) regulations under paragraph 24 of Schedule 3A,

(ab) regulations under paragraph 92 of that Schedule which amend, repeal or modify the application of primary legislation,”.

(3) After subsection (2) insert—

“(2A) A statutory instrument containing (whether alone or with other provisions)—

(a) regulations under paragraph 24 of Schedule 3A, or

(b) regulations under paragraph 92 of that Schedule which amend, repeal or modify the application of primary legislation,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

(4) After subsection (3) insert—

“(4) In this section “primary legislation” means—

(a) an Act of Parliament,

(b) a Measure or Act of the National Assembly for Wales,

(c) an Act of the Scottish Parliament, or

(d) Northern Ireland legislation.”

Consequential repeals

11 In consequence of the amendments made by section (The electronic communications code) and this Schedule, Schedule 3 to the Communications Act 2003 is repealed.’—(Mr Hayes.)

This amendment makes amendments which are consequential on the introduction of the electronic communications code.

Brought up, read the First and Second time, and added to the Bill.