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Electronic Communications Code: Stay tuned

27 June 2019 / James Tipler , Paul Letman
Issue: 7846 / Categories: Features , Property , Technology
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The new Electronic Communications Code: James Tipler & Paul Letman share seven key takeaways 18 months on from implementation

  • The meaning and application of the new code.
  • The arguments canvassed and tested on behalf of landowners and operators so far.

Since the eagerly anticipated entry into force of the new Electronic Communications Code (the code) on 28 December 2017, the Upper Tribunal (Lands Chamber) (the tribunal) has offered a wealth of insights on the meaning and application in practice of the new code in the seven references that have been decided and reported reported as at 1 June 2019, which all merit a close reading in full. This article highlights one key takeaway point from each.

1. The right to carry out a preliminary site survey and inspections—a so-called ‘multi-skilled visit’ (MSV)—is a code right: CTIL v University of London [2018] UKUT 0356 (LC)

Entry onto a potential site to assess its suitability for hosting Electronic Communications Apparatus (ECA) with the aid of persons with expertise across a range of different disciplines—the

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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