High Court Rules On Code Rights

The High Court has recently allowed an operator to enter property to carry out a survey to assess whether the property was suitable to install electronic communications apparatus. The Electronic Communication Code allows operators to have code rights to enter properties to "carry out any works on the land for or in connection with the installation of electronic communications apparatus." Here the operator wished to carry out a survey of a University of London building to assess whether it was suitable site on which to place its equipment. The University of London argued that such a survey did not constitute works and therefore the operator was not entitled to have access to the property under the Code. The court disagreed and held that the right to enter to carry out a preliminary...

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