ABSTRACT
Part 3 of the New Code brackets together a number of provisions that govern the assignment of code rights, and upgrading and sharing of apparatus. On the face of the provisions, there appears to be a drafting ambiguity. It is unclear as to whether the paragraphs are power-conferring, i.e. providing for an entitlement which would not otherwise exist under the terms of the code agreement conferring the code right, unless expressly agreed; or whether they simply limit the ability of the parties to contract out what is otherwise conferred expressly or impliedly by the code right. Assignment of tenancies is a topic that has attracted much legislative attention in England and Wales over the years. The operator's ability to upgrade electronic communications apparatus is dealt with in paragraph 17 of the New Code, under the title 'Power for operator to upgrade or share apparatus'.
