Part 2: Telecommunications Infrastructure Section 63: Compensation relating to code rights: England and Wales
This Section amends the 1954 Act by inserting section 34B, which is designed to mirror the compensation provisions in paragraph 25 of the Code and ensure that site providers have the same rights to compensation where a subsisting agreement is renewed under the 1954 Act, as they would if it was renewed under Part 5 of the Code. Under this provision site providers will be able to recover amounts for loss and damage which they have sustained or will sustain as a result of the operator exercising any Code rights conferred by the new tenancy.
	Section 63 also inserts a new section 34C into the 1954 Act, which sets out the types of loss and damage that can be awarded to the site provider by the court and how those sums will be calculated. It also limits the amount which the site provider can recover, so that the amount cannot exceed the site provider’s losses.
	Although paragraph 25 of the Code and this Section only apply where the terms of the renewal agreement are imposed by the court, the existence of these provisions (which make provision as to what a court could do in the absence of an agreement) will be a relevant factor to be considered in consensual negotiations. In the same way that the court could, as a result of this Section, make provision as to compensation, the parties to a consensual agreement can also agree equivalent terms in an agreement reached on a consensual basis.