F2104.—(1) Where an order is made under Article 102 and immediately before the date on which the order became operative there was, under, in, on, over, along or across the right of way any[F1 electronic communications apparatus] kept installed for the purposes of[F1 an electronic communications code network], the operator of that[F1 network] shall have the same powers in respect of that apparatus as if the order had not become operative; but the Department shall be entitled to require the alteration of the apparatus.
(2) If the operator of[F1 an telecommunications code network] removes any[F1 electronic communications apparatus] in circumstances in which paragraph (1) applies and serves a notice on the Department notifying the Department of the removal, the operator shall be entitled to recover from the Department the expense of providing in substitution for the apparatus and any[F1 electronic communications apparatus] connected therewith which is rendered useless in consequence of the removal, any[F1 electronic communications apparatus] in such other place as the operator may require.
(3) [F3Paragraph 108(2)] of the[F1 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 Article as it applies for the purpose of that code.
(4) [F4Part 6] of the[F1 electronic communications code] (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this Article to require the alteration, moving or replacement of any[F1 electronic communications apparatus] as it applies in relation to an entitlement to require the removal of any such apparatus.
F5[F6[(5) The Communications Act 2003 and the electronic communications code set out in Schedule 3A to that Act apply for the interpretation of this Article and paragraph (2)(c) of Article 103 as it applies for the interpretation of that Act and that code.]]
F2functions transferred SR 1999/481
F3Words in art. 104(3) substituted (28.12.2017) 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), Sch. 1 para. 28(2)(a)
F4Words in art. 104(4) substituted (28.12.2017) 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), Sch. 1 para. 28(2)(b)
F5Art. 104(5) repealed (25.7.2003 for specified transitional purposes and 29.12.2003 for further specified purposes otherwise prosp.) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19 (with Sch. 18); S.I. 2003/1900, Sch. 1 (with arts. 3,4,5,6); S.I. 2003/3142, art. 3(2)
F6Art. 104(5) substituted (28.12.2017) 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), Sch. 1 para. 28(2)(c)
Modifications etc. (not altering text)
C1Arts. 103, 104 applied by Laganside Development (Northern Ireland) Order 1989 (S.I. 1989/490 (N.I. 2)), art. 20(6) (as substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(8)(b))