16(1)Subject to this paragraph, where any land has been acquired by an urban development corporation under section 142 above and—E+W+S
(a)there is on, under or over the land apparatus vested in or belonging to statutory undertakers; and
(b)the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,
the undertakers may serve on the corporation a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.
(2)Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land is begun to be carried out, no notice under this paragraph shall be served later than 21 days after the beginning of the development.
(3)Where a notice is served under this paragraph, the corporation on which it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection.
(4)If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice.
(5)If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.
(6)Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the corporation for the works to be carried out by the corporation, under the superintendence of the undertakers, instead of by the undertakers themselves.
(7)Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the corporation.
(8)[F1Sections 280 and 282 of the 1990 Act] or as the case may be [F2sections 233 and 235 of the 1997 Act] (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under [F1section 279(4) of the 1990 Act] or, as the case may be, [F2section 232(4) of the 1997 Act].
[F3(9)In sub-paragraph (1)(a) above, the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to [F4electronic communications apparatus] kept installed for the purposes of [F5an electronic communications code network]; and for the purposes of this sub-paragraph, in this paragraph references (except in the said sub-paragraph (1)(a) to statutory undertakers shall have effect as references to the operator of any [F6such network] and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.]
Textual Amendments
F1Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(11)(b)
F2Words in Sch. 28 para. 16(8) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(10)(d)
F3Para. 16(9) inserted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 75(7), Sch. 5 para. 45
F4Words in Sch. 28 para. 16 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)
F5Words in Sch. 28 para. 16 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)
F6Words in Sch. 28 para. 16 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)
Modifications etc. (not altering text)
C1Sch. 28 para. 16(9): transfer of functions (13.4.2011) by The Transfer of Functions (Media and Telecommunications etc.) Order 2011 (S.I. 2011/741), arts. 1(2), 3, Sch. 1 (with art. 5)