SCHEDULES

C3C2SCHEDULE 4Powers in relation to, and for, statutory undertakers

Annotations:
Modifications etc. (not altering text)
C3

Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)

C2

Sch. 4 applied (with modifications) by 1999 c. 29, s. 333ZB(3)(4) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))

Part 1Extinguishment or removal powers for the HCA

Electronic communications

I18

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.

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

C1b

any reference in this Part of this Schedule to the appropriate Minister has effect as a reference to F2F1the Secretary of State for Culture, Olympics, Media and Sport.