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

Power to fly lines U.K.

10 (1) Subject to paragraph 3 above and the following provisions of this code, where any [F1 electronic communications apparatus] is kept installed on or over any land for the purposes of the operator’s [F2 network], the operator shall, for the statutory purposes, have the right to install and keep installed lines which— U.K.

(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 [F1 electronic 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.

[F4 (3) 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).]

Textual Amendments

F1 Words in Sch. 2 para. 10 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. 10 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)

F3 Words in Sch. 3 para 10(2)(b) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003, (c. 21), ss. 406, 408, 411, {Sch. 19(1)} (with Sch. 18, Sch. 19(1) Note 1); 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)

F4 Sch. 2 para. 10(3) inserted (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. 6 (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)