Paragraph 3 I1
England and Wales
F1Part 6 of the electronic communications code does not apply for the purposes of the authorised works to the extent that such works are regulated by Part 11 of the 1990 Act, sections 84 and 85 of the 1991 Act (or regulations made under section 85 of that Act), paragraph 2 or sub-paragraph (3).
F2Part 10 of the electronic communications code applies for the purposes of the authorised works, except—
in so far as such works are regulated by the 1991 Act or any regulation made under that Act; or
where the Authority exercises a right under subsection (4)(b) of section 272 of the 1990 Act or under an order made under that section to remove apparatus.
The temporary stopping up, alteration or diversion of any highway under article 12 (temporary stopping up of streets) does not affect any right of an operator of an electronic communications code network under F3Part 8 of the electronic communications code in respect of any apparatus which at the time of the stopping up or diversion is in the highway.
In this paragraph—
“apparatus” has the same meaning as in Part 3 of the 1991 Act; and
“electronic communications code” and “electronic communications code network” have the same meaning as in paragraph 1(6).
Annotations
Textual amendments
- F1
Words in Sch. 8 para. 3(1) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 60(2)(c)
- F2
Words in Sch. 8 para. 3(2) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 60(2)(d)
- F3
Words in Sch. 8 para. 3(3) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 60(2)(e)
Commencement
- I1
Sch. 8 para. 3 in force at 2.8.2016, see art. 1
Notes on Application of electronic communications code
Textual amendments
- F1
Words in Sch. 8 para. 3 heading substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 60(2)(b)