Paragraph 338 Communications Act 2003 (c. 21)I1

in sub-paragraph (5), after “land”, in the first place it occurs, insert “in England”;

after sub-paragraph (6) insert—

“(6A)

The provisions of the Planning (Wales) Act 2026 specified in sub-paragraph (6B) have effect in relation to land in Wales acquired compulsorily by a code operator under this paragraph as they have effect in relation to land acquired compulsorily by statutory undertakers.

(6B)

Those provisions are—

(a)

section 275 (development and use of commons, open spaces and allotments);

(b)

sections 276 to 278 (development and use of burial grounds, consecrated land etc.);

(c)

sections 314 to 316 and Part 1 of Schedule 18 (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).”

in sub-paragraph (3), after “the power conferred by this paragraph” insert “to enter upon and survey land in England”;

after sub-paragraph (4) insert—

“(4A)

Sections 387(2) to (6) and 388(2), (3), (6) and (7) of the Planning (Wales) Act 2026 (powers of entry: scope, restrictions and offences) have effect in relation to the power conferred by this paragraph to enter upon and survey land in Wales—

(a)

as they have effect in relation to the powers conferred by section 386 of that Act, but

(b)

subject to the modifications set out in sub-paragraph (4B).

(4B)

Those modifications are—

(a)

section 387(2) (24 hours’ notice to be given of intended entry on occupied land) has effect as if the reference to 24 hours were a reference to 28 days;

(b)

section 387(4) (power to search and bore to determine nature of subsoil or presence of minerals) has effect as if the reference to the presence of minerals were omitted.”;

in sub-paragraph (7), at the beginning insert “Where the power conferred by this paragraph was exercised in relation to land in England,”;

after sub-paragraph (7) insert—

“(8)

Where the power conferred by this paragraph was exercised in relation to land in Wales, section 392 of the Planning (Wales) Act 2026 (determination of compensation claims by the Upper Tribunal) applies to any dispute about compensation under this paragraph as it applies to such disputes under that Act.”