# Opencast Coal Act 1958, Section 45: Provisions as to telegraphic lines.

Extent: E+W+S

(1) Notwithstanding anything in Part I of this Act, none of the rights or powers conferred thereby or by any order made thereunder shall authorise any interference with any electronic communications apparatus kept installed for purposes of an electronic communications code network or include any right or power to require any such apparatus to be altered.
(2) Where opencast planning permission has been granted, Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall apply for the purposes of any permitted activities to the person with the benefit of that permission.
(3) Where in pursuance of an order made under . . . section fifteen of this Act, a public right of way is suspended, and, immediately before the date on which that order became operative, there was under, in, upon, over, along or across the way to which the order relates ... electronic communications apparatus kept installed for the purposes of an electronic communications code network, the operator of that network shall have the same rights in respect of that apparatus as if the order had not become operative:
Provided that this subsection shall have effect without prejudice to the provisions of the last preceding subsection.
(4) Paragraph 108(2) of the electronic communications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsection (1) above as it applies for the purposes of that code.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

---
Source: https://www.legislation.gov.uk/ukpga/Eliz2/6-7/69/section/45 (the official version)
Page: https://openlegislation.uk/opencast-coal-act-1958/section-45
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.