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12.—(1) Paragraph 23 of[F1 the electronic communications code] (undertaker's works) shall apply for the purposes—
(a)of any work in pursuance of an order or direction under Article 7 or 8;
(b)of anything done with respect to a road in pursuance of an order under Article 10 to which paragraph (2) applies,
to the person doing that work or, as the case may be, the Department; and, in the case of any such order as is mentioned in sub-paragraph (b), any person having an estate in land over which the road passes shall be entitled to require the alteration of the[F1 electronic communications apparatus] in question.
(2) This paragraph applies to an order under Article 10 where the order provides—
(a)for the stopping up or diversion of the road; or
(b)unless the road is a trunk road[F2 or special road], for the improvement of the road,
and immediately before the order comes into operation any[F1 electronic communications apparatus] is kept installed for the purposes of[F1 an electronic communications code network] under, in, on, over, along or across the road.
(3) Subject to the preceding provisions of this Article, the operator of[F1 an electronic communications code network] shall, in a case falling within paragraph (2)(a), have the same rights in respect of any apparatus kept installed for the purposes of[F1 that network] as if the order had not come into operation.
[F2(3A) Paragraph 23 of[F1 the electronic communications code] shall not apply by virtue of paragraph (2)(b) in relation to the alteration of any[F1 electronic communications apparatus] where the alteration is for the purpose of major work works, major bridge works or major transport works within the meaning of the Street Works (Northern Ireland) Order 1995.]
(4) Sub-paragraph (8) of paragraph 23 of[F1 the electronic communications code] (offence) shall be deemed to be omitted for the purposes of the application by this Article of that paragraph to the Department.
(5) Paragraph 1(2) of[F1 the electronic communications code] (alteration of apparatus to include moving, removal or replacement or apparatus) shall apply for the purposes of the preceding provisions of this Article as it applies for the purposes of the code.
(6) Paragraph 21 of[F1 the electronic communications code] (restriction on removal of apparatus) shall apply in relation to any entitlement conferred by this Article to require the alteration, moving or replacement of any[F1 electronic communications apparatus] as it applies in relation to an entitlement to require the removal of any such apparatus.
Para. (7) rep. by 2003 c. 21
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