SCHEDULES

SCHEDULE 3OTHER POWERS ETC., OF LICENCE HOLDERS

Protection from interference

8

1

Subject to sub-paragraph (2), a licence holder who carries out any controlled works shall take all reasonable precautions for securing that those works do not interfere with the operation of anyF1 electronic communications apparatus which—

a

is under the control of a person to whom theF1 electronic communications code applies; and

b

is not unusually sensitive to interference with its operation.

2

In the case of anyF1 electronic communications apparatus which is subsequently installed or altered or whose mode of operation is subsequently changed, the duty imposed by sub-paragraph (1) shall not apply in relation to—

a

any momentary interference with its operation; or

b

where it is installed in unreasonably close proximity to the gas apparatus, any other interference with its operation.

3

Subject to sub-paragraph (4), a person to whom theF1 electronic communications code applies who installs or alters, or changes the mode of operation of, anyF1 electronic communications apparatus shall take all reasonable precautions for securing that the operation of that apparatus does not interfere with the operation of any gas apparatus which—

a

is under the control of a licence holder; and

b

is not unusually sensitive to interference with its operation.

4

In the case of any gas apparatus which is subsequently installed or altered or whose mode of operation is subsequently changed, the duty imposed by sub-paragraph (3) shall not apply in relation to—

a

any momentary interference with its operation; or

b

where it is installed in unreasonably close proximity to theF1 electronic communications apparatus, any other interference with its operation.

5

Any difference arising under this paragraph between a licence holder and a person to whom theF1 electronic communications code applies shall be determined by arbitration.

6

In this paragraph “momentary interference” means any interference of momentary duration which is not a regular occurrence (whether caused by physical contact or otherwise).