(Redacted) - Responses 105 to 130 - Law Commission

Consultation response 114 of 130
10.6 Do consultees consider that code rights should generate obligations upon Code Operators
and, if so, what?
Consultation Paper, Part 3, paragraph 3.19.
Yes. In short, duties of honest disclosure and transparency. See paras 9, 10, 11.3, 11.4, 13, 14,
15, 21 and 22 of the accompanying note.
10.7 We ask consultees to tell us their views on the definition of electronic communications
apparatus in paragraph 1(1) of the Code. Should it be amended, and if so should further
equipment, or classes of equipment, be included within it?
Consultation Paper, Part 3, paragraph 3.27.
No observation save that agreements between landowners and operators should be governed by
the definition in force at the date of the agreement. See para 23 of the accompanying note.
10.8 We ask consultees to tell us their views about who should be bound by code rights
created by agreement, and to tell us their experience of the practical impact of the current
position under the Code.
Consultation Paper, Part 3, paragraph 3.40.
As to who should be bound by Code rights - See para 21.2 of the accompanying note.
As to experiences - See paras 13 - 15 of the accompanying note.
Page 1640 of 1868