Section 132 Saving for operators of electronic communications code networks .F9

Subject to the provisions of this section, nothing in this Act or in any scheme or enactment under or by virtue of this Act—

Where in pursuance of an order under this Act (or under an Act repealed by this Act) a road is (or was) stopped up or diverted and, immediately before that order comes (or came) into force, there is (or was) under, in, upon, over, along or across the road any electronic communications apparatus kept installed for the purposes of an electronic communications code network, the operator of that network shall have the same powers in respect of that apparatus as if the order had not come into force; but any person entitled to land over which the road subsisted may require the alteration of the apparatus.

Where an order under this Act (or under an Act repealed by this Act) provides for the alteration of a road and, immediately before the date on which the order comes (or came) into force, there is (or was) under, in, upon, over, along, or across the road any electronic communications apparatus kept installed for the purposes of an electronic communications code network, the roads authority shall be entitled to require the alteration of the apparatus. This subsection does not have effect so far as it relates to the alteration of any electronic communications apparatus for the purpose of authority’s works as defined in F5Part IV of the New Roads and Street Works Act 1991.

F6Paragraph F7108(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsections (1) to (3) above as it applies for the purposes of that code.

F8 Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) shall apply in relation to any right conferred by this section to require the alteration, moving or replacement of any electronic communications apparatus as it applies in relation to a right to require the removal of such apparatus.