[Part 3 Assignment of Code Rights, and Upgrading and Sharing of Apparatus]

[Part 3 Assignment of Code Rights, and Upgrading and Sharing of Apparatus]

[Introductory

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This Part of this code makes provision for—

(a)     operators to assign agreements under Part 2,

(b)     operators to upgrade electronic communications apparatus [which—

(i)     is electronic communications apparatus to which such an agreement relates, or

(ii)     is electronic communications apparatus installed before 29 December 2003], and

(c)     operators to share the use of any such electronic communications apparatus.

Assignment of code rights

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(1)     Any agreement under Part 2 of this code is void to the extent that—

(a)     it prevents or limits assignment of the agreement to another operator, or

(b)     it makes assignment of the agreement to another operator subject to conditions (including a condition requiring the payment of money).

(2)     Sub-paragraph (1) does not apply to a term that requires the assignor to enter into a guarantee agreement (see sub-paragraph (7)).

(3)     In this paragraph references to “the assignor†or “the assignee†are to the operator by whom or to whom an agreement under Part 2 of this code is assigned or proposed to be assigned.

(4)     From the time when the assignment

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