SCHEDULES
C1C2C3C4C5C6C7SCHEDULE 2 The Telecommunications Code
Sch. 2: definition applied (E.W.)(1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(2).
Sch. 2: definition applied (E.W.)(1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2).
Sch. 2: modified by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi, SIF 200), s.10.
Sch. 2 modified (12.11.1992) by Greater Manchester (Light Rapid Transit System) Act 1992 (c. xviii), s.10
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
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
Power to fly lines
10
1
Subject to paragraph 3 above and the following provisions of this code, where any F1electronic communications apparatus is kept installed on or over any land for the purposes of the operator’s F2network, the operator shall, for the statutory purposes, have the right to install and keep installed lines which—
a
pass over other land adjacent to or in the vicinity of the land on or over which that apparatus is so kept;
b
are connected to that apparatus; and
c
are not at any point in the course of passing over the other land less than 3 metres above the ground or within 2 metres of any building over which they pass.
2
Nothing in sub-paragraph (1) above shall authorise the installation or keeping on or over any land of—
a
any F1electronic communications apparatus used to support, carry or suspend a line installed in pursuance of that sub-paragraph; or
b
any line which by reason of its position interferes with the carrying on of any business F3(within the meaning of section 6 of this Act) carried on on that land.
F43
In this paragraph “business” includes a trade, profession or employment and includes any activity carried on by a body of persons (whether corporate or unincorporate).
Sch. 2 excluded by Broadcasting Act 1990 (c. 42, SIF 96), s. 189(1)