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The Electronic Communications Code (schedule 2 to the Telecommunications Act 1984) sets out the regime that governs the rights of electronic communications operators to install and maintain infrastructure on public and private land. The Code strikes a balance between the rights and interests of landowners and network operators. This consultation paper discusses the current law and set out a number of provisional proposals and options for reform. The paper considers all the main provisions of the current Code and areas highlighted for potential reform include: the rights of operators and landowners under the Code, and the position of third parties; operators' obligations under the Code and related regulations; the test applied to determine whether code rights are granted to an operator where a landowner objects; the measure of the financial award to be paid to the landowner where an operator is granted code rights; the appropriate forum for the resolution of disputes, and other procedural issues; the interaction between the Code and other statutory regimes. The Code applies throughout the UK. The Commission's focus is on the law in England and Wales, but the project is being conducted in consultation with the Scottish and Northern Irish Law Commissions.
The law must be updated to deal with new challenges posed, for example, by internet paedophiles and organised gangs planning criminal activities who may be operating on a world-wide basis. In "Conspiracy and Attempts (Consultation Paper 318)", The Law Commission recommends a series of changes to improve and clarify the law governing conspiracy and attempts to commit crimes to make it simpler and fairer both for the prosecution and the accused. This report contains a draft Conspiracy and Attempts Bill that would: make it possible to bring a charge of conspiracy when conspirators deliberately take a risk that they will engage in criminal activity; abolish the outdated rule that prevents married couples from being charged with conspiring to commit a crime; make it possible to bring a charge of conspiracy when conspirators deliberately take a risk that they will engage in criminal activity; and, introduce a new defence of reasonableness to a charge of conspiracy. The report follows on from the 2007 consultation paper, "Conspiracy and Attempts: A Consultation Paper (Consultation Paper 183)".
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