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Link to original content: http://www.legislation.gov.uk/ukpga/1986/31/section/62/2003-12-29
Version Superseded: 28/12/2017
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(1)Paragraph 23 of [F2the electronic communications code] (undertakers’ works) shall apply for the purposes—
(a)of any work in pursuance of an order or direction under section 44 or 46 of the 1982 Act, as applied by section 59 above, and
(b)of anything done with respect to a highway in pursuance of an order under section 48 of the 1982 Act (as so applied) to which subsection (2) below applies.
to the person doing that work or, as the case may be, the highway authority; and, in the case of any such order as is mentioned in paragraph (b), any person entitled to land over which the highway passes shall be entitled to require the alteration of the [F1electronic communications apparatus] in question.
(2)This subsection applies to an order under section 48 of the 1982 Act where the order provides—
(a)for the stopping up or diversion of the highway, or
F3[(b)for the improvement of the highway where the Secretary of State is not the highway authority,]
and immediately before the order comes into operation any [F1electronic communications apparatus] is kept installed for the purposes of [F4an electronic communications code network] under, in, on, over, along or across the highway.
(3)Subject to the preceding provisions of this section, the operator of [F4an electronic communications code network] shall, in a case falling within subsection (2)(a), have the same rights in respect of any apparatus kept installed for the purposes of [F5that network] as if the order had not come into operation.
(4)Paragraph 23 of [F2the electronic communications code] shall not apply by virtue of subsection (2)(b) in relation to the alteration of any [F1electronic communications apparatus] where the alteration is for the purpose of [F6major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991 or, in Scotland, major works for roads purposes, major bridge works or major transport works within the meaning of Part IV of that Act].
(5)Sub-paragraph (8) of paragraph 23 (offence) shall be deemed to be omitted for the purposes of the application by this section of that paragraph to the Secretary of State.
(6)Paragraph 1(2) of [F2the electronic communications code] (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of the code.
(7)Paragraph 21 of [F2the electronic communications code] (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any [F1electronic communications apparatus] as it applies in relation to an entitlement to require the removal of any such apparatus.
F7(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)In the application of this section to Scotland, the reference to the highway authority shall be read as a reference to the roads authority as defined by section 151(1) of the Roads (Scotland) Act 1984, and any reference to a highway shall be read as a reference to a road as defined in that provision.
Textual Amendments
F1Words in s. 62 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 80(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F2Words in s. 62 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 80(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F3S. 62(2)(b) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(1), 170(1), Sch. 8 para. 118(2); S.I. 1991/2288, art. 3, Sch.
F4Words in s. 62 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 80(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F5Words in s. 62(3) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 80(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F6Words in s. 62(4) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 118(3); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2 and (S.) S.I. 1992/2990, art. 2(2), Sch.2.
F7S. 62(8) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
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