SCHEDULES

SCHEDULE 4E+WPowers in relation to, and for, statutory undertakers

Modifications etc. (not altering text)

C1Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)

C2Sch. 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 2E+WPowers for undertakers to carry out works

Notices to carry out worksE+W

9(1)Sub-paragraph (2) applies if—E+W

(a)apparatus vested in, or belonging to, statutory undertakers is on, under or over land of the HCA, and

(b)the statutory undertakers claim that development to be carried out on the land will require, on technical or other grounds connected with carrying on their undertaking, the removal or re-siting of the apparatus affected by the development.

(2)The statutory undertakers may serve on the HCA a notice claiming the right to—

(a)enter on the land, and

(b)carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

(3)No notice may be served under sub-paragraph (2) more than 21 days after the beginning of the development on the land.

Commencement Information

I1Sch. 4 para. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Counter-noticesE+W

10(1)Sub-paragraph (2) applies if statutory undertakers serve a notice under paragraph 9 on the HCA.E+W

(2)The HCA may, before the end of the period of 28 days beginning with the date of the service of the notice, serve a counter-notice on the statutory undertakers.

(3)The counter-notice is a notice stating that the HCA objects to all or any provisions of the notice under paragraph 9.

(4)The counter-notice must also specify the grounds of the HCA's objection.

Modifications etc. (not altering text)

C11Sch. 4 para. 10 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(j)(2)(3)

C12Sch. 4 para. 10 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(j) (with art. 18(3)(b))

Commencement Information

I2Sch. 4 para. 10 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Effect of unopposed noticeE+W

11(1)This paragraph applies if—E+W

(a)a notice is served under paragraph 9,

(b)no counter-notice is served under paragraph 10, and

(c)the period of 28 days beginning with the date of the service of the notice under paragraph 9 has ended.

(2)The statutory undertakers have the rights claimed in their notice under paragraph 9.

Commencement Information

I3Sch. 4 para. 11 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Opposed notices and Ministerial ordersE+W

12(1)This paragraph applies if—E+W

(a)a notice is served under paragraph 9, and

(b)a counter-notice is served under paragraph 10.

(2)The statutory undertakers may—

(a)withdraw the notice served under paragraph 9, or

(b)apply to the Secretary of State and the appropriate Minister for an order under sub-paragraph (3).

(3)The Secretary of State and the appropriate Minister may by order confer on the statutory undertakers—

(a)the rights claimed in the notice under paragraph 9, or

(b)such modified rights as the Secretary of State and the appropriate Minister consider it appropriate to confer on the statutory undertakers.

(4)The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.

Commencement Information

I4Sch. 4 para. 12 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Power to arrange for the works to be done by the HCAE+W

13(1)Sub-paragraph (2) applies if statutory undertakers have the right to carry out works for the removal or re-siting of apparatus by virtue of this Part of this Schedule.E+W

(2)The statutory undertakers may arrange with the HCA for the works to be carried out by the HCA, under the superintendence of the statutory undertakers, instead of by the statutory undertakers themselves.

Commencement Information

I5Sch. 4 para. 13 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

CompensationE+W

14(1)Statutory undertakers are entitled to compensation from the HCA if works are carried out for the removal or re-siting of their apparatus which they have the right to carry out by virtue of this Part of this Schedule.E+W

(2)Sections 280 and 282 of the Town and Country Planning Act 1990 (c. 8) (measure of compensation to statutory undertakers) apply to compensation under this paragraph as they apply to compensation under section 279(4) of that Act.

Commencement Information

I6Sch. 4 para. 14 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

Electronic communicationsE+W

15(1)The reference in paragraph 9(1)(a) to apparatus vested in, or belonging to, statutory undertakers includes a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network.E+W

(2)Where paragraph 9(1)(a) has effect as mentioned in sub-paragraph (1) 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 Science, Innovation and Technology].

Textual Amendments

Modifications etc. (not altering text)

C20Sch. 4 para. 15(2)(b) transfer of functions (13.4.2011) by Transfer of Functions (Media and Telecommunications etc.) Order 2011 (S.I. 2011/741), arts. 1(2), 3, Sch. 1 (with art. 5)

Commencement Information

I7Sch. 4 para. 15 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)