Granted by the communications regulator Ofcom, The Electronic Communications Code (‘the Code’) is a set of rights that are designed to facilitate the installation and maintenance of electronic communications networks.
For NPS, being granted Code Powers is much more than just a regulatory approval — it’s a genuine game-changer that enhances our ability to support and drive innovation in network infrastructure across the UK.
With this new capability, NPS can help accelerate network builds, the deployment of hollow-core fibre, and critical data centre infrastructure, as well as provide more flexible ownership options for our digital infrastructure customers. This significant addition to our credentials further enhances our support for partners like CTG in delivering next-generation connectivity to ISPs and landlords into MDUs (multi-dwelling units) nationwide. From designing bespoke network solutions to powering next-generation low-latency data centres, we are committed to connecting people and properties like never before.
NPS co-owner Joe Dickenson commented: “Gaining Code Powers is a significant step forward for NPS. It opens up new opportunities to deliver advanced, tailored solutions that meet the evolving demands of our customers and partners. Coupled with our unique expertise with Hollow Core fibre technology, we can help our clients attain a competitive advantage by leveraging groundbreaking innovation.
“Here’s to a new era of connectivity!”
More about ‘The Code’ and ‘Code Powers’
The Code is set out in Schedule 3A of the Communications Act 2003. It confers rights on providers of such networks and on providers of infrastructure systems to install and maintain apparatus on, under and over land and results in considerably simplified planning procedures.
The Code only has effect in the case of a person to whom it is applied by a direction given by Ofcom (or, in the case of the Secretary of State or any Northern Ireland department, where the Secretary of State or that department is providing or proposing to provide an electronic communications network).
What do Code Powers allow an operator to do?
The Code confers “code rights” on a person with Code powers. A code right is a right to:
- Install electronic communications apparatus on, under or over the land;
- Keep installed apparatus which is on, under or over land;
- Inspect, maintain, and operate apparatus;
- Carry out any works on the land to enable apparatus to be installed and maintained;
- Gain access to land to maintain or operate apparatus;
- Connect to a power supply;
- Interfere with or obstruct a means of access to or from the land (whether or not any electronic communications apparatus is on, under or over the land); and
- Lop or cut back any tree or other vegetation that could interfere with the apparatus.
In connection with these rights, the Code allows persons to whom the Code applies to:
- Construct and maintain electronic communications networks and infrastructure (such as ducts, cabinets and poles) on public highways without the need to obtain a street works licence to undertake such works;
- Construct communications infrastructure which is classified as ‘permitted developments’ under Town and Country Planning legislation (such as certain types of masts, poles and cabinets) without the need to apply for planning permission;
- In the event that an agreement cannot be reached with the owner or occupier of private land, the Code allows an operator to apply to the Court to impose an agreement which confers the Code right being sought or for the Code right to bind the landowner or occupier; and
- Claim compensation from a local authority in circumstances where that local authority has obstructed access to electronic communications apparatus in certain stipulated circumstances.
