40 Avoidance of interference with telegraphic, &c., lines.E+W+S
(1)Electrical apparatus forming part of a pipe-line shall be so constructed, installed and used as to prevent interference with any [F1[F2electronic communications apparatus] kept installed for the purposes of [F3an electronic communications code network] or with the service provided by any [F4such network]] or with any apparatus used by railway undertakers for the purpose of signalling, or of controlling, directing or securing the safety of, traffic on their railway or the proper functioning of such apparatus.
[F5(2)[F6Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code)] (which provides a procedure for certain cases where works involve the alteration of [F2electronic communications apparatus]) shall apply, for the purposes of works in pursuance of a compulsory rights order, to the person authorised to execute those works.]
Textual Amendments
F1Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 41(a), Sch. 5 para. 45
F2Words in s. 40 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 28(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F3Words in s. 40 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 28(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F4Words in s. 40 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 28(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F5S. 40(2) substituted for s. 40(2)(3) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 41(b), Sch. 5 para. 45
F6Words in s. 40(2) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 7; S.I. 2017/1286, reg. 2(d)
Modifications etc. (not altering text)
C1S. 40(2) applied (30.4.2015) by Energy Act 2013 (c. 32), ss. 126(4), 156(1) (with s. 130); S.I. 2015/817, art. 2(a)