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SCHEDULES

SCHEDULE 2U.K. The Telecommunications Code

Modifications etc. (not altering text)

C2Sch. 2: definition applied (E.W.)(1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(2).

C3Sch. 2: definition applied (E.W.)(1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2).

C4Sch. 2: modified by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi, SIF 200), s.10.

C6Sch. 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

Notices under codeU.K.

24(1)Any notice required to be given by the operator to any person for the purposes of any provision of this code must be in a form approved by [F1OFCOM] as adequate for indicating to that person the effect of the notice and of so much of this code as is relevant to the notice and to the steps that may be taken by that person under this code in respect of that notice.U.K.

[F2(2)A notice required to be given to any person for the purposes of any provision of this code is not to be sent to him by post unless it is sent by a registered post service or by recorded delivery.

(2A)For the purposes, in the case of such a notice, of section 394 of the Communications Act 2003 and the application of section 7 of the Interpretation Act 1978 in relation to that section, the proper address of a person is—

(a)if the person to whom the notice is to be given has furnished the person giving the notice with an address for service under this code, that address; and

(b)only if he has not, the address given by that section of the Act of 2003.]

(5)If it is not practicable, for the purposes of giving any notice under this code, after reasonable inquiries to ascertain the name and address—

(a)of the person who is for the purposes of any provision of this code the occupier of any land, or

(b)of the owner of any interest in any land,

a notice may be given under this code by addressing it to a person by the description of “occupier” of the land (describing it) or, as the case may be, “owner” of the interest (describing both the interest and the land) and by delivering it to some person on the land or, if there is no person on the land to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous object on the land.

(6)In any proceedings under this code a certificate [F3issued by OFCOM] and stating that a particular form of notice has been approved by [F4them] as mentioned in sub-paragraph (1) above shall be conclusive evidence of the matter certified.

Textual Amendments

F1Words in Sch. 2 para. 24(1) 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. 9(1) (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)

F2Sch. 2 para. 24(2)(2A) substituted (25.7.2003 for certain purposes, 29.12.2003 for further specified purposes) for Sch. 2 para. 24(2)-(4) by Communications Act 2003 (c. 21), ss. 106, 406, 408, 411, Sch. 3 para. 9(2) (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)

F3Words in Sch. 2 para. 24(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. 9(3)(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)

F4Word in Sch. 2 para. 24(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. 9(3)(b) (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)