1. For the protection of any operator, the following provisions, unless otherwise agreed in writing between the undertaker and the operator, have effect.
Commencement Information
I1Sch. 10 Pt. 2 para. 1 in force at 15.9.2016, see art. 1
2. In this Part of this Schedule—
“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system is to be construed in accordance with paragraph 1(3A) of that code;
“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 2003 Act(1);
“electronic communications code network” means—
so much of an electronic communications network or conduit 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
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
“operator” means the operator of an electronic communications code network.
Commencement Information
I2Sch. 10 Pt. 2 para. 2 in force at 15.9.2016, see art. 1
3. The exercise of the powers of article 33 (statutory undertakers) are subject to paragraph 23 of Schedule 2 to the Telecommunication Act 1984(2) as if the undertaker were a “relevant undertaker” for the purposes of that paragraph.
Commencement Information
I3Sch. 10 Pt. 2 para. 3 in force at 15.9.2016, see art. 1
4. Nothing in this Part of this Schedule affects 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 this Order is made.
Commencement Information
I4Sch. 10 Pt. 2 para. 4 in force at 15.9.2016, see art. 1
5. Any difference or dispute arising between the undertaker and an operator under this Part of this Schedule is, unless otherwise agreed in writing between the undertaker and that operator, to be referred to and settled by arbitration under article 46 (arbitration).
Commencement Information
I5Sch. 10 Pt. 2 para. 5 in force at 15.9.2016, see art. 1
See section 106.