The Electronic Communications Code ("the Code") is set out in Schedule 2 to the Telecommunications Act 1984 as amended by Schedule 3 to the Communications Act 2003. It sets out powers that can be given to providers of electronic communications networks ("ECN"s) and providers of conduit systems available for use by providers of ECNs to enable them to install and maintain electronic communications apparatus.
In order to carry out work covered by the Code, an operator to whom the Code applies may serve a notice ("Notice") on the occupier of the land on which it wishes to gain access to carry out work. Such Notices must be in a form of words approved by the Office of Communications ("Ofcom"). An operator may also serve a counter-notice ("Counter-Notice") where an occupier of land on which its electronic communications apparatus is sited has requested the removal or alteration of that apparatus.
The following model Notices and Counter-Notices are in a form of words which
has been approved by Ofcom and may be used for the purposes of the Code. Operators
should fill in their details and those of the occupier of the land in question,
together with other details as required in the areas in square brackets and
highlighted in bold. Providing that the operator does not make any alteration
to the text of a model Notice, it will not be necessary to seek Ofcom’s
further approval for the form of words of the Notice as this will be taken as
already having been given. If, however, an operator wishes to alter the text
of the Notice, Ofcom's approval must be sought in order for the Notice to be
Select the model of the Notice that you require:
Wayleaves agreements used by other organisations
Other standardised wayleaves agreements exist which may be of help as templates.
For example, see the City of London's standardised wayleaves agreement or the GLA Standardised Agreement for Rooftop and Greenfield.
Ofcom has received a stakeholder request for clarification concerning the Template Notice it has prescribed under paragraphs 20(2) and 27(1) of the Code. The request identified a drafting error and also raised a point of more general application.
The specific drafting point relates to a cross-reference in paragraph 18 of the Template Notice. Paragraph 18 incorrectly cross-referred to “paragraph 15a. or b.”. This cross-reference should have been to “paragraph 14a. or 14b.”. We have amended the published Template Notice to correct this error.
The point of more general application relates to the alternative forms of wording that are provided in the Template Notice and how these should be selected without invalidating it under paragraph 88(3) of the Code. The alternative forms of wording in the Template Notice allow it to be used, with appropriate modification, both under paragraph 20(2) and under paragraph 27(1). Paragraph 20(2) provides for a notice to be given where an operator requires a person to agree to confer a code right or to be otherwise bound by a code right. Paragraph 27(1) provides for the same notice to additionally require agreement on a temporary basis where a right is to be exercisable in relation to apparatus which is already installed and the landowner/occupier has the right to require the operator to remove the apparatus but the operator is not for the time being required to do so.
Deleting the appropriate text will not invalidate the notice. However, deletion is best effected by striking through the non-relevant text or paragraph rather than removing it altogether. This should ensure it is clear where alternative text has been selected or deleted and where optional wording is not used. It should also ensure that internal paragraph numbering and cross-references remain intact, as some Notices may provide for a whole paragraph to be deleted rather than for an alternative version to be selected. Ofcom suggests this approach is adopted wherever a prescribed Template Notice includes text which is marked for potential use or deletion.