Housing and Regeneration Act 2008

Orders relating to electronic communications apparatus: removal or abandonment of apparatus E+W

11 E+W Paragraphs 12 and 13 apply if—

(a) an order under paragraph 3 extinguishing a public right of way is made, and

(b) at the time of the publication of the notice required by paragraph 4 any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted.

Commencement Information

I1 Sch. 3 para. 11 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

12 (1) The power of the operator of the network to remove the apparatus is exercisable, despite the order, at any time not later than the end of the period of 3 months beginning with the day on which the right of way is extinguished. E+W

(2) The power of the operator of the network to remove the whole or any part of the apparatus is exercisable after the end of that period if, before the end of the period, the operator has served notice on the HCA of the operator's intention to remove the apparatus or (as the case may be) part.

Commencement Information

I2 Sch. 3 para. 12 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

13 (1) The operator of the network may abandon the electronic communications apparatus, or any part of it, by serving notice to that effect on the HCA not later than the end of the period of 3 months beginning with the day on which the right of way is extinguished. E+W

(2) In the absence of such a notice, the operator of the network is to be treated at the end of the period of 3 months as having abandoned any part of the apparatus which, at that time, the operator has neither—

(a) removed, nor

(b) served notice of intention to remove.

Commencement Information

I3 Sch. 3 para. 13 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

14 (1) The operator of the network may recover from the HCA the expense of providing any substitute electronic communications apparatus in such other place as the operator may require. E+W

(2) In sub-paragraph (1) “substitute electronic communications apparatus” means electronic communications apparatus in substitution for—

(a) the electronic communications apparatus removed or abandoned, and

(b) any other electronic communications apparatus connected with the removed or abandoned apparatus which is made useless in consequence of the removal or abandonment.

Commencement Information

I4 Sch. 3 para. 14 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

15 E+W Electronic communications apparatus, or any part of it, abandoned by the operator of an electronic communications code network under paragraph 13—

(a) vests in the HCA, and

(b) is deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network.

Commencement Information

I5 Sch. 3 para. 15 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)