C1C2C3C4C5C6C7C8Part 4Marine licensing
Pt. 4 excluded (E.W.S.) (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 8(7) (with arts. 40, 41)
Pt. 4 modified (E.W.S.) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)
Pt. 4 modified (E.W.S.) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 39 (with art. 43)
Pt. 4 modified (E.W.S.) (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 31 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)
Pt. 4 applied (E.W.S) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 32 (with arts. 41, 42, Sch. 17 para. 66)
Pt. 4 applied (E.W.S.) (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 32 (with arts. 41, 42, Sch. 16)
Pt. 4 modified (E.W.S.) (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 39 (with art. 32, Sch. 10 paras. 26(2), 68)
Chapter 2Exemptions and special cases
Special provisions in certain cases
I180Electronic communications apparatus
1
A licensing authority must not grant a marine licence to carry on any activity which amounts to or involves the exercise of a right conferred by paragraph 11 of the Electronic Communications Code unless it is satisfied that adequate compensation arrangements have been made.
2
For the purposes of subsection (1) “adequate compensation arrangements” are adequate arrangements for compensating any persons—
a
who appear to that authority to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised,
b
for any loss or damage sustained by those persons in consequence of the activity being carried on.
3
In paragraph 11 of the Electronic Communications Code omit—
a
sub-paragraphs (3) to (10);
b
in sub-paragraph (11), the definition of “remedial works”.
4
In this section “the Electronic Communications Code” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12).
Pt. 4 excluded (E.W.S.) (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 8(6) (with arts. 40, 41, Pt. 2 para. 4(2), Pt. 2 para. 4(3), Pt. 2 para. 19, Pt. 4 para. 3, Pt. 4 para. 4, Pt. 4 para. 16, Sch. 12 paras. 4, 9(2), 10)