SCHEDULES

SCHEDULE 9TRANSITIONAL AND SAVING PROVISIONS

Savings for Secretary of State

F13

1

Subject to the provisions of this paragraph, nothing in this Order or any scheme made there under shall affect any rights conferred by or in accordance with theF2 electronic communications code on the operator ofF2 an electronic communications code network or authorise the Department to interfere with anyF2 electronic communications apparatus kept installed for the purposes ofF2 any such network .

2

Where for the purposes of carrying out any scheme, the Department diverts or closes any public road, or any part of a public road, under, in, on, over, along or across which there is anyF2 electronic communications apparatus kept installed for the purposes ofF2 an electronic communications code network, the operator ofF2 that network shall have the same powers in respect of that apparatus as if such road or part had not been diverted or closed; but the Department or any person in whom the site of that road, or part of a road, is vested shall be entitled to require the alteration of the apparatus.

3

Paragraph 23 of theF2 electronic communications code (which provides a procedure for certain cases where works involve the alteration ofF2 electronic communications apparatus ) shall apply to the Department for the purposes of the carrying out of any drainage scheme or of a confirmed scheme under Schedule 7.

4

Paragraph 1(2) of theF2 electronic communications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this paragraph as it applies for the purposes of the code.

5

Paragraph 21 of theF2 electronic communications code (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this paragraph to require the alteration, moving or replacement of anyF2 electronic communications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.