2(1)Paragraph 21 of the telecommunications code shall not apply for the purposes of the authorised works to the extent that such works are regulated by Part XI of the [1990 c. 8.] Town and Country Planning Act 1990, sections 84 and 85 of the [1991 c. 22.] New Roads and Street Works Act 1991 (or regulations made under section 85 of that Act) or sub-paragraphs (3) to (8) of paragraph 4 below.
(2)Paragraph 23 of the telecommunications code shall apply for the purposes of the authorised works, save—
(a)insofar as such works are regulated by the [1991 c. 22.] New Roads and Street Works Act 1991 or any regulation made under that Act; or
(b)where the nominated undertaker exercises a right under subsection (4)(b) of section 272 of the [1990 c. 8.] Town and Country Planning Act 1990 or under an order made under that section to remove telecom- munications apparatus.