PART IIPOWERS IN RELATION TO LAND EXERCISABLE IN CONNECTION WITH AIRPORTS

Supplementary

Provisions as toF1 electronic communications apparatus12

1

Paragraph 23 ofF1 the electronic communications code (undertaker's works) shall apply for the purposes—

a

of any work in pursuance of an order or direction under Article 7 or 8;

b

of anything done with respect to a road in pursuance of an order under Article 10 to which paragraph (2) applies,

to the person doing that work or, as the case may be, the Department; and, in the case of any such order as is mentioned in sub-paragraph (b), any person having an estate in land over which the road passes shall be entitled to require the alteration of theF1 electronic communications apparatus in question.

2

This paragraph applies to an order under Article 10 where the order provides—

a

for the stopping up or diversion of the road; or

b

unless the road is a trunk roadF2 or special road, for the improvement of the road,

and immediately before the order comes into operation anyF1 electronic communications apparatus is kept installed for the purposes ofF1 an electronic communications code network under, in, on, over, along or across the road.

3

Subject to the preceding provisions of this Article, the operator ofF1 an electronic communications code network shall, in a case falling within paragraph (2)(a), have the same rights in respect of any apparatus kept installed for the purposes ofF1 that network as if the order had not come into operation.

F23A

Paragraph 23 ofF1 the electronic communications code shall not apply by virtue of paragraph (2)(b) in relation to the alteration of anyF1 electronic communications apparatus where the alteration is for the purpose of major work works, major bridge works or major transport works within the meaning of the Street Works (Northern Ireland) Order 1995.

4

Sub-paragraph (8) of paragraph 23 ofF1 the electronic communications code (offence) shall be deemed to be omitted for the purposes of the application by this Article of that paragraph to the Department.

5

Paragraph 1(2) ofF1 the electronic communications code (alteration of apparatus to include moving, removal or replacement or apparatus) shall apply for the purposes of the preceding provisions of this Article as it applies for the purposes of the code.

6

Paragraph 21 ofF1 the 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 anyF1 electronic communications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

Para. (7) rep. by 2003 c. 21