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8(1)The reference in paragraph 1(1)(a) to a protected right vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking includes a reference to a protected right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network.E+W
(2)The reference in paragraph 1(1)(b) to apparatus vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking includes a reference to electronic communications apparatus kept installed for the purposes of any such network.
(3)Sub-paragraphs (1) and (2) do not apply where paragraphs 12 and 13 of Part 2 of Schedule 3 apply (orders under paragraph 3 of that Schedule which relate to electronic communications apparatus).
(4)Where paragraph 1 has effect as mentioned in sub-paragraphs (1) and (2) above—
(a)any reference in this Part of this Schedule to statutory undertakers has effect as a reference to the operator of the electronic communications code network, and
(b)any reference in this Part of this Schedule to the appropriate Minister has effect as a reference to [F1the Secretary of State for Business, Innovation and Skills].
Textual Amendments
F1Words in Sch. 4 para. 8(4)(b) substituted (13.11.2009) by Secretary of State for Business, Innovation and Skills Order 2009 (S.I. 2009/2748), art. 1(2), Sch. para. 9(a) (with art. 7)
Commencement Information
I1Sch. 4 para. 8 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)