{
  "url": "https://openlegislation.uk/electronic-communications-code-conditions-and-restrictions-regulations-2003/regulation-8",
  "json_url": "https://openlegislation.uk/electronic-communications-code-conditions-and-restrictions-regulations-2003/regulation-8.json",
  "legislation": "uksi/2003/2553",
  "legislation_title": "The Electronic Communications Code (Conditions and Restrictions) Regulations 2003",
  "legislation_url": "https://openlegislation.uk/electronic-communications-code-conditions-and-restrictions-regulations-2003",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Protected areas",
  "text": "(1) When a code operator intends to install , alter or replace electronic communications apparatus in—\n(a) a National Park, ..., a limestone pavement area or an area of outstanding natural beauty he must , except in relation to England, give written notice to the planning authority;\n(b) a national nature reserve, site of special scientific interest, area of special scientific interest or marine nature reserve he must give written notice to—\n(i) Natural England, in England;\n(ii) Scottish Natural Heritage, in Scotland;\n(iii) the Natural Resources Body for Wales, in Wales; or\n(iv) the planning authority, in Northern Ireland (in the case of a national nature reserve, area of special scientific interest or marine nature reserve);\n(c) a ... national scenic area he must give written notice to Scottish Natural Heritage; or\n(d) any land which the National Trust or the National Trust for Scotland has notified the code operator that it owns, or holds any interest in, he must give written notice to its relevant regional office.\n(2) The notice to be given under paragraph (1) must state the code operator’s intention to install electronic communications apparatus and must describe that apparatus and identify the location where it is proposed to install it.\n(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.\n(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—\n(a) the person notified (under paragraph (1)) has not objected in writing to the installation, alteration or replacement of the electronic communications apparatus within—\n(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\n(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\n(b) if the person notified has previously objected, he has given written notice of the withdrawal of his objection; or\n(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.\n(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.\n(4) A code operator shall not be required to give notice under paragraph (1) where the electronic communications apparatus to be installed is—\n(a) a service line—\n(i) which is affixed to and lying on the exterior surface of a building or other permanent structure, and\n(ii) which does not, by reason of its installation, increase the environmental impact of the apparatus located in the area compared with the apparatus as it was before the service line was installed;\n(b) a replacement pole or replacement line the installation of which does not increase the environmental impact of the apparatus located in the area compared with the apparatus as it was before the replacement;\n(c) a replacement line in an existing conduit, if the installation of the replacement line does not entail enlarging the conduit or altering its position;\n(d) apparatus required for the provision of a temporary electronic communications network under regulation 15; or\n(e) apparatus which forms part of emergency works, where the code operator has provided the person who would otherwise be notified under paragraph (1) with an expected date of completion and a statement of the grounds for the need to execute the works.\n(5) For the purposes of paragraph (4), the environmental impact of apparatus is to be assessed having regard, in particular, to—\n(a) its visual impact on the landscape,\n(b) its effect on plant and animal life, and\n(c) its impact on the visual amenity of properties.\n(6) This regulation does not apply to fixed-line broadband electronic communications apparatus–\n(a) except in any of the protected areas referred to in regulation 8(1)(b); or\n(b) where the apparatus is installed pursuant to regulation 8(4).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 8(1) inserted (24.11.2016) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 8(a) (with reg. 1(2))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 8(1)(a) substituted (6.4.2009) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2009 (S.I. 2009/584), reg. 1, Sch. para. 3(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 8(1)(a) omitted (24.11.2016) by virtue of The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 8(b) (with reg. 1(2))"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 8(1)(a) inserted (24.11.2016) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 8(b) (with reg. 1(2))"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 8(1)(b)(i) substituted (6.4.2009) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2009 (S.I. 2009/584), reg. 1, Sch. para. 3(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 8(1)(b)(iii) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 172 (with Sch. 7)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 8(1)(c) omitted (24.11.2016) by virtue of The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 8(c) (with reg. 1(2))"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 8(3)-(3B) substituted for reg. 8(3) (24.11.2016) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2016 (S.I. 2016/1049), regs. 1(1), 8(d) (with reg. 1(2))"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Reg. 8(6) inserted (27.6.2013) by The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2013 (S.I. 2013/1403), reg. 1, Sch. para. 8 (with reg. 3) (as amended (7.8.2017) by S.I. 2017/753, regs. 1, 7)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 8 in force at 23.10.2003, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/2553/regulation/8",
    "retrieved_at": "2026-10-29T05:57:35.852048+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}