Where in pursuance of an order under this Act (or under an Act repealed by this Act) a road is (or was) stopped up or diverted and, immediately before that order comes (or came) into force, there is (or was) under, in, upon, over, along or across the road any F4electronic communications apparatus kept installed for the purposes of F3an electronic communications code network, the operator of that F5network shall have the same powers in respect of that apparatus as if the order had not come into force; but any person entitled to land over which the road subsisted may require the alteration of the apparatus.

Where an order under this Act (or under an Act repealed by this Act) provides for the alteration of a road and, immediately before the date on which the order comes (or came) into force, there is (or was) under, in, upon, over, along, or across the road any F4electronic communications apparatus kept installed for the purposes of F3an electronic communications code network, the roads authority shall be entitled to require the alteration of the apparatus. This subsection does not have effect so far as it relates to the alteration of any F4electronic communications apparatus for the purpose of authority’s works as defined in F6Part IV of the New Roads and Street Works Act 1991.

F7Paragraph F8108(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsections (1) to (3) above as it applies for the purposes of that code.

F9 Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) shall apply in relation to any right conferred by this section to require the alteration, moving or replacement of any F4electronic communications apparatus as it applies in relation to a right to require the removal of such apparatus.

The provisions of F13the said Act of 1997 mentioned in subsection (1) above shall have effect, as applied for the purposes of this section, with the substitution for references therein to the purchasing authority of references to the special road authority.

Where apparatus of statutory undertakers supplying electricity, gas, hydraulic power or water is removed in pursuance of a notice or order given or made under F14the said section 224 (as applied for the purpose of this section), any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the special road authority expenditure for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given if that expenditure was reasonably incurred in consequence of the removal.

F15Section 134 of this Act (including the provisions of the F16the Town and Country Planning (Scotland) Act 1997 applied by subsection (1) of the said section 134), shall, so far as applicable, apply in relation to the sewers and sewage disposal works of F17Scottish Water as they apply in relation to the apparatus of statutory undertakers.

In the said provisions of the F18the said Act of 1997 applied for the purposes of this section, references to the appropriate Minister shall be construed, in relation to F19Scottish Water, as references to the Secretary of State.