Telecommunications Act 1984 (c. 12)

SCHEDULES

SCHEDULE 2 U.K. The Telecommunications Code

Modifications etc. (not altering text)

C1 Sch. 2 excluded by Broadcasting Act 1990 (c. 42, SIF 96), s. 189(1)

C2 Sch. 2: definition applied (E.W.)(1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(2).

C3 Sch. 2: definition applied (E.W.)(1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2).

C4 Sch. 2: modified by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi, SIF 200), s.10.

C5 Sch. 2 modified (12.11.1992) by Greater Manchester (Light Rapid Transit System) Act 1992 (c. xviii), s.10

C6 Sch. 2 applied (27.7.1993) by 1993 c. xii, s. 1, Sch. Pt. IV s. 28.

Sch. 2 modified (26.5.1994) by 1994 c. vi, s. 10

C7 Sch. 2 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), arts. 1, 2, Sch. Pt. I

Acquisition of rights in respect of apparatus already installed U.K.

6 (1) The following provisions of this paragraph apply where the operator gives notice under paragraph 5(1) above to any person and— U.K.

(a) that notice requires that person’s agreement in respect of a right which is to be exercisable (in whole or in part) in relation to [F1 electronic communications apparatus] already kept installed on, under or over the land in question, and

(b) that person is entitled to require the removal of that apparatus but, by virtue of paragraph 21 below, is not entitled to enforce its removal.

(2) The court may, on the application of the operator, confer on the operator such temporary rights as appear to the court reasonably necessary for securing that, pending the determination of any proceedings under paragraph 5 above or paragraph 21 below, the service provided by the operator’s [F2 network] is maintained and the apparatus properly adjusted and kept in repair.

(3) In any case where it is shown that a person with an interest in the land was entitled to require the removal of the apparatus immediately after it was installed, the court shall, in determining for the purposes of paragraph 5 above whether the apparatus should continue to be kept installed on, under or over the land, disregard the fact that the apparatus has already been installed there.

Textual Amendments

F1 Words in Sch. 2 para. 6 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F2 Word in Sch. 2 para. 6 substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 5(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)