Regulation 8 Amendment of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003

in paragraph (1), after “install”, insert “, alter or replace”;

in paragraph (1)(a), omit “the Broads” and after “he must”, insert “, except in relation to England,”;

in paragraph (1)(c), omit “natural heritage area or”;

for paragraph (3) substitute—

“(3)

In relation to Northern Ireland, Scotland or Wales, if a code operator has given notice under paragraph (1), the code operator may install, alter or replace the electronic communications apparatus if the conditions in paragraph (3A) are satisfied.

(3A)

The conditions are that the code operator complies with any direction given to him by the Secretary of State, or in Northern Ireland, the Department for Infrastructure, requiring the operator to give written notice to, and consider representations from, any person exercising functions specified in that direction, and—

(a)

the person notified (under paragraph (1)) has not objected in writing to the installation, alteration or replacement of the electronic communications apparatus within—

(i)

28 days of the notice being given in relation to apparatus for which planning permission is not required under the Planning Acts or for which planning permission is granted under a development order; or

(ii)

56 days of the notice being given in relation to apparatus for which planning permission is required under the Planning Acts and for which planning permission is not granted under a development order; or

(b)

if the person notified has previously objected, he has given written notice of the withdrawal of his objection; or

(c)

in Scotland or Wales, the Secretary of State, after consulting with the person notified directs that the code operator may install, alter or replace the electronic communications apparatus.

(3B)

In relation to England, if a code operator has given notice under paragraph (1), regulations 5(2), 5(2A) and 5(3) apply in respect of the notice as if each reference to “a planning authority” includes any other person who is entitled to receive the notice.”.