The Electronic Communications Code ('the Code') enables electronic communications network providers to construct electronic communications networks. The Code enables these providers to construct infrastructure on public land (streets), to take rights over private land, either with the agreement with the landowner or applying to the County Court or the Sheriff in Scotland. It also conveys certain immunities from the Town and Country Planning legislation in the form of Permitted Development.
In addition to providers of electronic communications networks the Code is also available to those who wish to construct conduits to be made available to network providers.
The Code is granted to network providers by the Office of Communications ('OFCOM') by a direction made following a public consultation and consideration of the responses to that consultation.
The Code has effect in all cases subject to the conditions and restrictions set out in the Electronic Communications Code (Conditions and Restrictions) Regulations 2003, SI. No 2003/2553 (“the Regulations”) (http://www.legislation.gov.uk/uksi/2003/2553/contents/made) as amended by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2009. SI. No 2009/584. (http://www.legislation.gov.uk/uksi/2009/584/contents/made).