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Town and Country Planning Act 1990, Section 256 is up to date with all changes known to be in force on or before 18 August 2024. 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.
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(1)Where—
(a)in pursuance of an order under section 247, 248 or 249 a highway is stopped up or diverted or, as the case may be, any right to use vehicles on that highway is extinguished; and
(b)immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any [F1electronic communications apparatus] kept installed for the purposes of [F2an electronic communications code network],
the operator of that [F3network] shall have the same powers in respect of the apparatus as if the order had not come into force.
(2)Notwithstanding subsection (1), any person entitled to land over which the highway subsisted shall be entitled to require the alteration of the apparatus.
(3)Where—
(a)any such order provides for the improvement of a [F4highway for which the Secretary of State is not the highway authority], and
(b)immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any [F1electronic communications apparatus] kept installed for the purposes of [F2an electronic communications code network] ,the F5... highway authority shall be entitled to require the alteration of the apparatus.
(4)Subsection (3) does not have effect so far as it relates to the alteration of any apparatus for the purpose of [F6major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991].
(5)[F7Paragraph [F8108(2)] of Schedule 3A to the Communications Act 2003 (the electronic communications code)] (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of this section as it applies for the purposes of that code.
(6)[F9Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus)] shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any [F1electronic communications apparatus] as it applies in relation to an entitlement to require the removal of any such apparatus.
Textual Amendments
F1Words in s. 256 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)
F2Words in s. 256 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)
F3Word in s. 256 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(e) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)
F4Words in s. 256(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 126(1)(2); S.I. 1991/2288, art. 3, Sch.
F5Word in s. 256(3) omitted (5.3.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 107; S.I. 2015/481, reg. 2(a)
F6Words in s. 256(4) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 126(1)(3); S.I. 1992/2984, art. 2(2), Sch. 2
F7Words in s. 256(5) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 29(2); S.I. 2017/1286, reg. 2(d)
F8Word in s. 256(5) substituted (28.12.2017 immediately after Digital Economy Act 2017 (c. 30), Sch. 3 comes into force) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1)(2), Sch. 1 para. 6(2)
F9Words in s. 256(6) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 29(3); S.I. 2017/1286, reg. 2(d)
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