ABSTRACT

This chapter considers the transitional provisions, which are contained in Schedule 2 to the 2017 Act. The Old Code contains no provision equivalent to that of paragraph 30 of the New Code, which continues the rights of the operator under the code agreement notwithstanding the contractual termination of the term created by the agreement. Provision is made by the terms of the Old Code to ensure that the agreement of the occupier should bind any person deriving title from or under that person. The transitional provisions operate so that where there subsists an agreement entered into for the purposes of paragraph 3 of the Old Code, references in the New Code to a 'code right' is to the right mentioned in paragraph 3 of the Old Code, rather than, it would seem, the right referred to in the New Code under paragraph 3(h).