256 Telecommunication apparatus: orders by Secretary of State.E+W
(1)Where—
(a)in pursuance of an order under section 247, 248 or 249 a highway is stopped up or diverted or, as the case may be, any right to use vehicles on that highway is extinguished; and
(b)immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any [F1electronic communications apparatus] kept installed for the purposes of [F2an electronic communications code network] ,
the operator of that [F3network] shall have the same powers in respect of the apparatus as if the order had not come into force.
(2)Notwithstanding subsection (1), any person entitled to land over which the highway subsisted shall be entitled to require the alteration of the apparatus.
(3)Where—
(a)any such order provides for the improvement of a [F4highway for which the Secretary of State is not the highway authority], and
(b)immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any [F1electronic communications apparatus] kept installed for the purposes of [F2an electronic communications code network] ,the local highway authority shall be entitled to require the alteration of the apparatus.
(4)Subsection (3) does not have effect so far as it relates to the alteration of any apparatus for the purpose of [F5major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991].
(5)Paragraph 1(2) of the [F6electronic communications code](alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of this section as it applies for the purposes of that code.
(6)Paragraph 21 of the [F6electronic communications code](restriction on removal of [F1electronic communications apparatus]) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any [F1electronic communications apparatus] as it applies in relation to an entitlement to require the removal of any such apparatus.
Textual Amendments
F1Words in s. 256 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)
F2Words in s. 256 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)
F3Word in s. 256 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(e) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)
F4Words in s. 256(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 126(1)(2); S.I. 1991/2288, art. 3, Sch.
F5Words in s. 256(4) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 126(1)(3); S.I. 1992/2984, art. 2(2), Sch. 2
F6Words in s. 256 substituted (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 103(1)(c)(2)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)