[F113(1)Where an order under paragraph 11 above extinguishing a public right of way is made on the application of an urban development corporation or local highway authority, and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph any [F2electronic communications apparatus] was kept installed for the purposes of [F3an electronic communications code network] under, in, on, over, along or across the land over which the right of way subsisted—E+W+S
(a)the power of the operator of [F4the network] to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of [F4the network] has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be;
(b)the operator of [F4the network] may by notice given in that behalf to the corporation or authority not later than the end of the said period of three months abandon the [F2electronic communications apparatus] or any part of it;
(c)subject to paragraph (b), the operator of [F4the network] shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove;
(d)the operator of [F4the network] shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the apparatus and any other [F2electronic communications apparatus] connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any [F2electronic communications apparatus] in such other place as the operator may require;
(e)where under the preceding provisions of this sub-paragraph the operator of [F4the network] has abandoned the whole or any part of any [F2electronic communications apparatus], that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of [F3an electronic communications code network].
(2)As soon as practicable after the making of an order under paragraph 11 above extinguishing a public right of way in circumstances in which sub-paragraph (1) above applies in relation to the operator of [F3an electronic communications code network], the Secretary of State shall give notice to the operator of the making of the order.]
Textual Amendments
F1Para. 13 substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 75(4)(5), Sch. 5 para. 45
F2Words in Sch. 28 para. 13 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F3Words in Sch. 28 para. 13 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F4Words in Sch. 28 para. 13 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)