SCHEDULE 12E+WPROTECTIVE PROVISIONS

PART 2E+WPROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

1.—(1) For the protection of any operator, the following provisions shall, unless otherwise agreed in writing between the undertaker and the operator, have effect.E+W

(2) In this Part of this Schedule—

F1...

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003(1);

“electronic communications code network” means—

(a)

so much of an electronic communications network or [F2infrastructure system] provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and

(b)

an electronic communications network which the Secretary of State is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and

[F3“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;]

“operator” means the operator of an electronic communications code network.

Textual Amendments

Commencement Information

I1Sch. 12 Pt. 2 para. 1 in force at 28.11.2014, see art. 1

2.  [F4Part 10 of Schedule 3A to the Communications Act 2003] (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus), shall apply in relation to the exercise of the powers of article 29 (statutory undertakers).

Textual Amendments

Commencement Information

I2Sch. 12 Pt. 2 para. 2 in force at 28.11.2014, see art. 1

3.—(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or their construction, or of any subsidence resulting from any of those works—E+W

(a)any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or other property of an operator); or

(b)there is any interruption in the supply of the service provided by an operator, the undertaker shall bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and shall—

(i)make reasonable compensation to an operator for loss sustained by it; and

(ii)indemnify an operator against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, an operator by reason, or in consequence of, any such damage or interruption.

(2) Nothing in sub-paragraph (1) shall impose any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) The operator shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand shall be made without the consent of the undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(4) Any difference arising between the undertaker and the operator under this paragraph shall be referred to and settled by arbitration under article 42 (arbitration) of this Order.

Commencement Information

I3Sch. 12 Pt. 2 para. 3 in force at 28.11.2014, see art. 1

4.  This Part of this Schedule shall not apply to any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 of the 1991 Act(2).E+W

Commencement Information

I4Sch. 12 Pt. 2 para. 4 in force at 28.11.2014, see art. 1

5.  Nothing in this Part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which the Order is made.E+W

Commencement Information

I5Sch. 12 Pt. 2 para. 5 in force at 28.11.2014, see art. 1

(1)

2003 c. 21. There are amendments to this Act, which are not relevant to this Order.