Part 2: Telecommunications Infrastructure Section 62: Rent under tenancies conferring code rights: Northern Ireland
This Section amends Article 18 of the Business Tenancies (Northern Ireland) Order 1996 ("the 1996 Order"). This Section applies to subsisting agreements in Northern Ireland, entered into before 28 December 2017, which are protected by the 1996 Order, and to which the Code’s Part 5 renewal procedure cannot therefore apply.
	As explained above, currently, where an operator is able to renew pursuant to Part 5 of the Code, the amount of rent payable to the site provider will be calculated in accordance with paragraph 24 of the Code.
	So as to provide an approach which is more consistent with that found in the Code, this Section inserts new Article 18A into the 1996 Order so that, where a subsisting agreement is renewed pursuant to the 1996 Order and the primary purpose of that agreement is to grant Code rights, the rent will be calculated in a way which mirrors the provisions in paragraph 24 of the Code. For completeness, there is also a provision relating to compensation, which is contained in section 64 below.