6(1)Subject to sub-paragraphs (2) and (3) below, if, by reason or in consequence of the construction of any of the works authorised by this Act or any subsidence resulting from any of those works, any damage to any [F1electronic communications apparatus] kept installed for the purposes of [F2an electronic communications code network] (other than apparatus the repair of which is not reasonably necessary in view of its intended removal), or any interruption in the service provided by [F3that network], shall be caused, the appropriate authority shall bear and pay the cost reasonably incurred by [F4the operator] of [F5that network] in making good such damage or restoring that service and shall—U.K.
(a)make reasonable compensation to the operator for loss sustained by it; and
(b)indemnify the operator against claims, demands, proceedings, costs, damages and expenses which may be made, or taken against, or recovered from, or incurred by, the operator;
by reason or in consequence of any such damage or interruption.
(2)Nothing in sub-paragraph (1) above shall impose any liability on the appropriate authority with respect to any damage or interruption affecting [F2an electronic communications code network] to the extent that such damage or interruption is attributable to the act, neglect or default of the operator of [F5that network], its officers, servants, contractors or agents.
(3)The operator shall give to the appropriate authority reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the appropriate authority.
Textual Amendments
F1Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F2Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F3Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F4Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F5Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(f) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)