Version Superseded: 28/12/2017
Point in time view as at 08/05/2017. This version of this provision has been superseded.
Housing Act 1985, Section 298 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where a public right of way over land is extinguished by an order under section 294 and immediately before the order comes into operation there is under, in, on, over, along or across the land [F2electronic communications apparatus] kept installed for the purposes of [F3an electronic communications code network] , the powers of the operator of [F4the network] in respect of the apparatus are not affected by the order, but any person entitled to the land over which the right of way subsisted may require the alteration of the apparatus, and paragraph 21 of [F5the electronic communications code](procedure for exercise of right to require removal of apparatus) applies.
(3)Section 295(1) (extinguishment of other rights over land acquired for clearance and vesting of apparatus in local housing authority) does not apply to—
(a)any right conferred by or in accordance with [F5the electronic communications code] on the operator of [F3an electronic communications code network] , or
(b)[F2electronic communications apparatus]kept installed for the purposes of such [F6a network];
but the local housing authority may, where it is reasonably necessary for the purpose of enabling the authority to exercise any of the powers conferred on them by the provisions of this Act relating to clearance areas, execute works for the alteration of such apparatus, and paragraph 23 of the telecommunications code (procedure for works involving alteration of apparatus) applies.
Textual Amendments
F1S. 298(1) repealed (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2), Sch. 19(1); S.I. 2003/1900, art. 2(1), Sch. 1
F2Words in s. 298(2)(3) substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2), Sch. 17 para. 79(3)(a) (with Sch. 18); S.I. 2003/1900, art. 2(1), Sch. 1
F3Words in s. 298(2)(3) substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2), Sch. 17 para. 79(3)(b) (with Sch. 18); S.I. 2003/1900, art. 2(1), Sch. 1
F4Words in s. 298(2) substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2), Sch. 17 para. 79(3)(d) (Sch. 18); S.I. 2003/1900, art. 2(1), Sch. 1
F5Words in s. 298(2)(3) substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2), Sch. 17 para. 79(3)(c) (with Sch. 18); S.I.2003/1900, art. 2(1), Sch. 1
F6Words in s. 298(3) substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2), Sch. 17 para. 79(3)(d) (with Sch. 18); S.I. 2003/1900, art. 2(1), Sch. 1
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