Schedule 1: The electronic communications code Part 2: Conferral of code rights and their exercise
Paragraph 8 is introductory and self-explanatory.
	Paragraph 9 provides that only the occupier of land may confer a code right on an operator. This reflects the position in paragraph 2(1) of the existing code.
	Paragraph 10 makes provision for who else is bound by code rights. Code rights bind not only the occupier but also any other person with an interest in the land who has agreed to be bound by the code rights; persons who are the successors in title to any person who is bound; and any person whose interest is created after the right is conferred and derived from an interest that is bound.
	Paragraph 11 makes provision about the formal requirements for an agreement and any subsequent variation of it.
	Paragraph 12 provides that code rights may be exercised only according to the other terms of the agreement. The equivalent provision is found in paragraph 4 of the existing code. This shows the importance of compliance by the operator with each of the surrounding terms of the operator’s agreement with the landowner. Its effect is that, where the operator exercises the rights agreed, in accordance with the terms of the agreement, they do so with the statutory protection of the code and as a result, are not vulnerable to common law claims in nuisance or trespass. Paragraph 12(3) provides that if a person with a freehold or leasehold interest in the land is not bound by the agreement under which the code rights are granted, the operator does not have statutory protection against such a person. This provision is intended to encourage operators to obtain agreement from each person with an interest in the land (where it is necessary for the operator to have agreement from that person). Paragraph 12(4) provides that the benefit of a statutory covenant is preserved in relation to the exercise of code rights (and has equivalent provision in paragraph 4(1) of the existing code).
	Paragraph 13 provides that an operator who installs electronic communications apparatus with the agreement of the occupier of "land A", may not obstruct or interfere with access (including emergency access) to or from "land B" (neighbouring land) without obtaining a code right to do so from the occupier of "land B" (and from such other persons with an interest in land B as the operator may require). It is important to note that although land A and land B might be adjoining or situated closely together, that is not an essential requirement in the context of paragraph 13. For example, if there was a track leading from a road across land A, through land C to land B, and electronic communications apparatus was installed across the track on land A, then access to land B might be obstructed even though the obstruction might be situated, say, two miles or more from land B and on land that did not adjoin land B. Paragraphs 13(4) and (5) provide that where "land B" is a street, road or tidal land (in relation to which special provisions apply under Parts 8 and 9 of the code, permitting operators to install and keep apparatus without prior agreement), the agreement of the occupier of "land B" is not required if access to "land B" from "land A" is obstructed by electronic apparatus on "land A". Paragraph 13 replicates the effect of paragraph 3 of the existing code. See also paragraphs 38 and 39 in Part 6 of the code as they relate to the rights of a person occupying neighbouring land to require removal of apparatus that is obstructing access to such land.
	Paragraph 14 explains the relationship between the code and statutory land registration rules. Any non-compliance with land registration requirements does not affect who is bound under paragraph 10 of the code.