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3.—(1) 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 Act or any regulation made under that Act; or
(b)where the undertaker exercises a right under subsection (4)(b) of section 272 of the 1990 Act or under an order made under that section to remove telecommunications apparatus.
(2) In this paragraph and in paragraph 4 below “telecommunications code” means the telecommunications code contained in Schedule 2 to the Telecommunications Act 1984 and “telecommunications apparatus” has the same meaning as in the telecommunications code.
4. The temporary stopping up or diversion of any street under article 11 above shall not affect any right of a public telecommunications operator under paragraph 9 of the telecommunications code in respect of any telecommunications apparatus which at the time of the stopping up or diversion is in the street.
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