9(1)The operator shall, for the statutory purposes, have the right to do any of the following things, that is to say—U.K.
(a)install [electronic communications apparatus], or keep [electronic communications apparatus] installed, under, over, [in, on,] along or across [a street or, in Scotland, a road];
(b)inspect, maintain, adjust, repair or alter any [electronic communications apparatus] so installed; and
(c)execute any works requisite for or incidental to the purposes of any works falling within paragraph (a) or (b) above, including for those purposes the following kinds of works, that is to say—
(i)breaking up or opening [a street or, in Scotland, a road];
(ii)tunnelling or boring under [a street or, in Scotland, a road]; and
(iii)breaking up or opening a sewer, drain or tunnel;
. . .
(2)This paragraph has effect subject to [section 11(1) of this Act,] paragraph 3 above and the following provisions of this code, and the rights conferred by this paragraph shall not be exercisable [in a street which is not a maintainable highway or, in Scotland, a road which is not a public road] without either the agreement required by paragraph 2 above or an order of the court under paragraph 5 above dispensing with the need for that agreement.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .