Schedule 1: The electronic communications code Part 16: Enforcement and dispute resolution
Part 16 concerns how and where agreements under the code may be enforced. It sets out what precisely the code means when its provisions refer to "the court". It gives the Secretary of State the power to make regulations to confer, on specified tribunals, the jurisdiction to deal with functions that the code describes as functions of "the court".
	Paragraph 93 makes provision as to which court or tribunal can enforce an agreement under the code or a right conferred by the code.
	Since the courts have greater enforcement powers than tribunals (because the courts can impose sanctions for non-compliance with orders), the expectation is that parties will usually seek to enforce agreements and rights conferred by the code in the courts. Further, because the code provides for orders of "the court" (as defined) to take effect as "an agreement" (see for example paragraphs 22, 26(4)(b), 34(8), 44(7)), that agreement may be enforced in any court of competent jurisdiction in the same way as any contract. Accordingly, orders made under those same provisions of the code by a tribunal exercising the functions conferred on "the court" (see paragraph 95 of the code) will also take effect as "an agreement" and will be enforceable in any court of competent jurisdiction in the same way. This is in addition to any other enforcement rules that may apply to tribunal orders (see for example section 27 of the Tribunals, Courts and Enforcement Act 2007).
	Paragraph 95 gives the Secretary of State the power to make regulations to confer jurisdiction on the First-tier Tribunal and Upper Tribunal in England, on the Upper Tribunal in Wales, the Lands Tribunal for Scotland, and the Lands Tribunal for Northern Ireland for functions conferred by the code on "the court". Should this power be exercised, references in the code to "the court" will need to be read also as references to the tribunals on which such jurisdiction is conferred.
	Paragraph 95(3) enables jurisdiction to be conferred on the tribunals as well as or instead of the court. Where jurisdiction is conferred on more than one body, paragraph 95(3) permits the Secretary of State to make regulations setting out in which court or tribunal proceedings are to be commenced and enabling that court or tribunal to transfer proceedings to another court or tribunal. For example, in relation to England it will be possible for jurisdiction to adjudicate code disputes to be conferred on the First-Tier Tribunal, the Upper Tribunal and the county court.
	Paragraph 96 provides that any tribunal on which jurisdiction may be conferred under paragraph 95 shall have a discretion when making awards of costs (expenses in Scotland) and in doing so must have regard in particular to the extent to which a party is successful. The purpose of the provision is to ensure that the approach to costs in the courts (see paragraph 94) is continued after jurisdiction is conferred on tribunals which often, but not always, take this approach. The provision’s intention is to encourage parties to continue to carefully consider their chances of success before litigating a dispute, and incentivise reasonable agreements to be reached without recourse to litigation.
	Paragraph 97 refers to regulation 3 of the Electronic Communications and Wireless Telegraphy Regulations 2011 which applies to certain applications to install facilities. Where regulation 3 applies to an application under the code, there is a six-month time limit for determining the application.
	Paragraph 98 makes provision in relation to appeals in Northern Ireland.