ABSTRACT
This chapter examines the scope of and purpose of the code rights, and elaborates a particular problem that may arise in practice when considering that scope. The New Code sets out a package of the rights that an occupier of land can agree to confer on an operator, or that in default of such agreement can be imposed by a court under Part 4 of the code. These code rights are clearly defined in the New Code for the most part, although the drafting does prompt a number of questions, to which this chapter seeks to suggest answers. Paragraph 3 of the New Code carefully, and in some detail, describes the code rights by reference to what they include. Like all very specific drafting, this approach makes it easier to see what has been omitted, whereas more general drafting would have provided room for manoeuvre.
