Housing (Scotland) Act 1987

Saving for telecommunication apparatus, etc. S

11 (1) Paragraph 23 of [F1 the electronic communications code] (which provides a procedure for certain cases where works involve the alteration of [F2 electronic communications apparatus]) shall apply to a local authority for the purposes of any works which they are authorised to execute under Part IV or this Schedule. S

(2) Where in pursuance of an order under paragraph 9 a public right of way over land is extinguished or a road is closed or diverted, and, at the beginning of the day on which the order comes into operation, there is under, in, on, over, along or across the land or road any [F2 electronic communications apparatus] kept installed for the purposes of [F3 an electronic communications code network], the operator of [F4 that network] shall have the same powers in respect of that apparatus as if the order had not come into operation; but any person entitled to land over which the right of way subsisted shall be entitled to require the alteration of the apparatus.

(3) The proviso to sub-paragraph (4) of paragraph 9 shall have effect in relation to any right conferred by or in accordance with [F1 the electronic communications code] on the operator of [F3 an electronic communications code network] and to [F2 electronic communications apparatus] kept installed for the purposes of any [F4 such network] as it has effect in relation to rights vested in and apparatus belonging to statutory undertakers.

(4) Paragraph 1(2) of [F1 the electronic communications code] (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this paragraph as it applies for the purposes of that code.

(5) Paragraph 21 of [F1 the electronic communications code] (restriction on removal of [F2 electronic communications apparatus]) shall apply in relation to any entitlement conferred by this paragraph to require the alteration, moving or replacement of any [F2 electronic communications apparatus] as it applies in relation to an entitlement to require the removal of any such apparatus.

Textual Amendments

F1 Words in Sch. 8 para. 11 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 11(a)

F2 Words in Sch. 8 para. 11 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 11(b)

F3 Words in Sch. 8 para. 11 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 11(c)

F4 Words in Sch. 8 para. 11 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 11(d)

Modifications etc. (not altering text)

C1 Sch. 8 para. 11 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xli), Sch. 17 paras. 33, 35(1)