Upper Tribunal gives a Site Provider the final approval on RAMS when it orders an agreement for a non-intrusive MSV under the Telecommunications Code

CTIL v London Borough of Hackney [2022] UKUT 210 (LC)  On Friday 5 August 2022, the Upper Tribunal gave a telecommunications decision relating to a proposed multi-skilled visit (MSV) onto Tradescant House in Hackney. This is an 11-storey residential block. The Claimant Operator sought the imposition of a code agreement to allow for a non-intrusive MSV to permit it to inspect and carry out tests on the rooftop in order to ascertain whether it is suitable for the installation of electronic communications equipment. The Site Provider (the London Borough of Hackney) was not opposed to the imposition of such an agreement and conceded that the relevant test was met. The major argument between the parties was whether the terms of the agreement would permit the Site Provider to have the last word on the approval of the essential Risk Assessment and Method Statement (RAMS). The Site Provider, which was at all material times the occupier of the relevant premises asserted that, as it had duties under, inter alia, sections 3 and 4 of the Health and Safety at Work Act 1974, then it should be able to have the final approval of the RAMS. The Tribunal agreed and imposed an agreement which allows the Site Provider to have the final say over the approval of RAMS in order to satisfy its genuine health and safety concerns. David Holland QC acted for the respondent, instructed by Freeths LLP. The decision may be found here.