Unexpected Reform Of The Electronic Communications Code

On 13 January 2015, the Government announced that a new Electronic Communications Code has been inserted into the Infrastructure Bill, which is currently before the Public Bill Committee in the House of Commons.  If the new Code is approved by Parliament, it will be included as a new Schedule to the Communications Act 2003.

The Electronic Communications Code (the Code) facilitates the installation and maintenance of electronic communications networks and gives rights to the providers of such networks to install and maintain apparatus in, over and under land.

It is common knowledge that the Code is in desperate need of reform due to its contradictions and uncertainties and has been described by Lord Justice Lewison as "one of the least coherent pieces of legislation on the statute book".  The Law Commission published its recommendations for reform of the Code in February 2013 following a period of consultation that ended in October 2012.  However, it was not