64 Compensation relating to code rights: Northern Ireland

64  Compensation relating to code rights: Northern Ireland

(1)     The Business Tenancies (Northern Ireland) Order 1996 (SI 1996/725 (NI 5)) is amended as follows.

(2)     After Article 18A (inserted by section 62) insert—

“18B Compensation for exercise of code rights

(1)     This Article applies where—

(a)     the Lands Tribunal makes an order for the grant of a new tenancy,

(b)     the primary purpose of the new tenancy is to confer code rights,

(c)     the tenancy subsisting at the time the order is made is a subsisting agreement within the meaning of Schedule 2 to the Digital Economy Act 2017, and

(d)     the primary purpose of that tenancy was to confer code rights.

(2)     The Lands Tribunal may order the tenant to pay compensation to the landlord for any damage or loss that has been sustained or will be sustained by the landlord as a result of the exercise of the code rights conferred by the new tenancy.

(3)     An order under paragraph (2) may be made—

(a)

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