Part 2: Telecommunications Infrastructure Section 65: Jurisdiction of court in relation to tenancies in England and Wales
This Section inserts new subsections (2A) to (2C) into section 63 of the 1954 Act. The new subsection (2A) gives the Secretary of State power to make regulations that enable cases under Part 2 of the 1954 Act, where the primary purpose of a subsisting agreement is to grant Code rights, to be heard in either the First-tier Tribunal or the Upper Tribunal. This, together with the amendment made by Section 70 of this Act, will enable the Secretary of State to provide that all disputes in England and Wales relating to code rights fall within the jurisdiction of the same courts. A change to this effect is not required in relation to the 1996 Order, since disputes under that Order are already dealt with by the Lands Tribunal in Northern Ireland. Any regulations made by the Secretary of State under the power in the new subsection (2A) will be subject to the affirmative resolution procedure.