Schedule 1: The electronic communications code Part 5: Termination and modification of agreements
Part 5 makes provision about the termination and modification of agreements, and for statutory continuity of agreements.
	Paragraphs 29 and 30 provide for code rights to continue as a matter of statute notwithstanding that they may have come to an end in accordance with their contractual terms. In England and Wales the Landlord and Tenant Act 1954 contains similar provisions that apply to business tenancies generally, and there is similar legislation in Northern Ireland (the Business Tenancies (Northern Ireland) Order 1996). Accordingly paragraph 29 clarifies when the continuity provisions of Part 5 of the code are applicable, and when provisions in other statutes apply, in order to avoid ambiguity and conflict between the separate statutory regimes.
	Paragraph 30 provides that code agreements continue in effect after the date of termination. This ensures that there is continuity of rights, and of network provision, pending determination of an application by the operator for new permanent rights or of an application by a site provider for the right to remove the apparatus.
	Paragraph 31 and 32 makes provision for how a site provider who is party to a code agreement may bring that agreement to an end, the required notice period that must be given, and the grounds on which the site provider is entitled to terminate the agreement. The procedure requires the site provider to give a notice to the operator, the effect of which is to end the agreement, unless the parties agree otherwise, or the operator gives a counter-notice within 3 months proposing that the existing agreement continues or proposing new terms. The operator must then apply to the court for an order within 3 months of serving the counter-notice. If, on such an application, the court considers any of the required grounds to have been made out by the site provider, it must order the agreement to come to an end. Otherwise, it must make an order pursuant to paragraph 34 (see below).
	Paragraph 33 makes provision so that where a code agreement comes to an end, an operator may by notice seek new or modified terms of agreement from the site provider or, failing agreement, from the court.
	Paragraphs 34 and 35 set out the orders the court may make on an application made by the operator or site provider under paragraphs 32 or 33. The court can order that the right or rights may (or may not) continue to be exercised, the period for which rights may be exercised and whether any of the other terms of the agreement, including terms as to consideration, should remain the same or be modified. The court may order that a new code right or rights be exercised, that a new agreement be entered into and, if agreement on new terms is not reached by the parties, the court can specify the terms. When specifying the terms, the court must include: terms as to payment, which should be determined on the basis set out in paragraph 24; terms designed to minimise loss and damage; the period of the agreement; and any compensation for loss and damage (which can include expenses, diminution in value and reinstatement costs as set out in paragraph 84). Under sub paragraphs (14) and (15), the court can also order payment of the difference between the new rate of consideration and the consideration actually paid for the period between the old agreement ending and the new agreement being imposed, where the new rate of consideration is higher.