Part 2: Telecommunications Infrastructure Section 61: Rent under tenancies conferring code rights: England and Wales
This Section applies to subsisting agreements (defined at paragraph 247 above) in England and Wales, entered into before 28 December 2017, which are currently subject to Part 2 of the Landlord and Tenant Act 1954 ("the 1954 Act"), and are consequently excluded from the renewal procedures contained in Part 5 of the Code by paragraph 6(2) of Schedule 2 of the 2017 Act.
	The 1954 Act only applies in England and Wales, and the following amendments therefore have no effect in relation to Scotland or Northern Ireland. The position in respect of Northern Ireland, which also has legislation excluding agreements from the operation of Part 5, is set out at paragraphs 261 to 263 below. There are no equivalent provisions in Scotland requiring amendment for these purposes. Therefore, sections 61 and 62 will ensure that the method of calculating rent under the different routes to renewal will be more consistent across the UK.
	If an agreement can be renewed using Part 5 of the Code, paragraph 34(11) provides that the valuation framework contained in paragraph 24 will apply in cases where a renewal agreement is imposed by a court order. This Section inserts a new section 34A into the 1954 Act so that where a subsisting agreement is renewed using the mechanism in the 1954 Act, and the primary purpose of that agreement is to grant Code rights, any rental terms of the renewal agreement will be determined by reference to provisions that mirror paragraph 24 of the Code. For completeness, separate provision dealing with the award of compensation, which is intended to mirror paragraph 25 of the Code, is made by Section 63, as discussed below.
	Subsections (3) and (4) of Section 61 amend sections 24C and 24D (respectively) of the 1954 Act so as to provide that subsections (2) to (4) of the new section 34A will also apply in cases where a court is asked under section 24C or 24D of the 1954 Act to determine whether an interim rent should be paid and how much this rent should be during the renewal process.