ABSTRACT

This chapter outlines the topics in paragraph 19 of the New Code, namely: the circumstances in which the court can impose an agreement; the test to be applied by the court in deciding whether to impose such an agreement; the impact of human rights; the effect of an imposed agreement. It also outlines: the terms of an imposed agreement; how consideration is determined for an imposed agreement; rights to the payment of compensation; the imposition of an agreement on an interim basis; and the imposition of an agreement on a temporary basis. Paragraph 20(3) of the New Code gives the operator the right to apply to the court for an order regarding its requested code right, where either no positive response has been received within 28 days, or a negative response has been received before then.