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Communications Act 2003

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Changes over time for: Paragraph 3

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Changes to legislation:

Communications Act 2003, Paragraph 3 is up to date with all changes known to be in force on or before 26 February 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. Help about Changes to Legislation

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3(1)Subject to sub-paragraph (2), the Secretary of State may authorise a code operator to purchase compulsorily any land in England and Wales which is required by the operator—U.K.

(a)for, or in connection with, the establishment or running of the operator’s network; or

(b)as to which it can reasonably be foreseen that it will be so required.

(2)No order is to be made authorising a compulsory purchase under this paragraph by a code operator except with OFCOM’s consent.

(3)This power to purchase land compulsorily includes power to acquire an easement or other right over land by the creation of a new right.

(4)The Acquisition of Land Act 1981 (c. 67) is to apply to any compulsory purchase under this paragraph as if the code operator were a local authority within the meaning of that Act.

(5)The provisions of the Town and Country Planning Act 1990 (c. 8) specified in sub-paragraph (6) have effect in relation to land acquired compulsorily by a code operator under this paragraph as they have effect in relation to land acquired compulsorily by statutory undertakers.

(6)Those provisions are—

(a)sections 238 to 240 (use and development of consecrated land and burial ground);

(b)section 241 (use and development of land for open spaces); and

(c) sections 271 to 274(extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).

(7)Where a code operator has acquired land under this paragraph, he must not dispose of that land, or of an interest or right in or over it, except with OFCOM’s consent.

Modifications etc. (not altering text)

Commencement Information

I1Sch. 4 para. 3 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

I2Sch. 4 para. 3 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)

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