Regulation 5 Amendment of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003

In regulation 5 (installation of electronic communications apparatus)—

(a)

in paragraph (1), for “one month’s”^f1 substitute “28 days’”;

(b)

for paragraph (1)(b), substitute—

“(b)
in relation to Northern Ireland, Scotland or Wales and the code operator has not given notice under regulations 6, 7 or 8 to the planning authority for the area that the code operator intends to carry out the installation, alteration or replacement of electronic communications apparatus, but not lines, for which—

(i)
the code operator is not required to obtain planning permission under the Planning Acts; or

(ii)
planning permission is granted under a development order; or

(ba)
in relation to England, the code operator intends to carry out the installation, alteration or replacement of electronic communications apparatus, but not lines, for which—

(i)
the code operator is not required to obtain planning permission under the Planning Acts; or

(ii)
planning permission is granted under a development order and is not subject to the prior approval process; or”;

(c)

in paragraph (3)—

(i)

for “one month”^f2 substitute “28 days”; and

(ii)

after “installation”, insert “, alteration or replacement”;

(d)

in paragraph (4)—

(i)

in sub-paragraph (b), omit “or” at the end;

(ii)

in sub-paragraph (c), at the end, insert “; or”; and

(iii)

after sub-paragraph (c), insert—

“(d)
he is undertaking emergency works and he has provided the planning authority with an expected date of completion and a statement of the grounds for the need to execute the works.”.

Annotations

Footnotes

f1: Amended by S.I. 2009/584.
f2: Amended by S.I. 2009/584.