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Leasehold Reform, Housing and Urban Development Act 1993
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- 1993 c. 28
- SCHEDULE 20
- Part II
- Telegraphic lines
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Changes and effects yet to be applied to Schedule 20 Part II Crossheading Telegraphic-lines:
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- Sch. 17-20 repealed by 2008 c. 17 Sch. 8 para. 63(2)(b) Sch. 16
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A by 2002 c. 15 s. 123(1)
- s. 12A(3)(a)(b) words substituted by S.I. 2009/1941 Sch. 1 para. 140(5)
- s. 12A(4)(a)(c) words substituted by S.I. 2009/1941 Sch. 1 para. 140(5)
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1725 art. 2 commences (2002 c. 9)
- S.I. 2003/1900 art. 2 commences (2003 c. 21)
- S.I. 2003/1986 art. 2 3 commences (2002 c. 15)
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/144 art. 2 Sch. commences (1994 c. 21)
- S.I. 2004/669 art. 2 commences (2002 c. 15)
- S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
- S.I. 2004/2593 art. 2 commences (2004 c. 5)
- S.I. 2004/3056 art. 2 3 commences (2002 c. 15)
- S.I. 2005/193 art. 2 amendment to earlier commencing SI 2004/3056
- S.I. 2005/1353 art. 2 commences (2002 c. 15)
- S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
- S.I. 2006/3428 art. 2-4 7 commences (2006 c. 46)
- S.I. 2007/1897 art. 2 commences (2005 c. 9)
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2008/2358 art. 2 3 commences (2008 c. 17)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/803 art. 2-10 commences (2008 c. 17)
- S.S.I. 2009/122 art. 3 commences (2006 asp 1)
- 2006 No. 2 Instrument made by Archbishops commences (2006 No. 1)
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11(1)Where an order under paragraph 9 extinguishing a public right of way is made and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph any telecommunication apparatus was kept installed for the purposes of a telecommunications code system under, in, on, over, along or across the land over which the right of way subsisted—E+W+S+N.I.
(a)the power of the operator of the system to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the system has given notice to the Agency of his intention to remove the apparatus or that part of it, as the case may be;
(b)the operator of the system may by notice given in that behalf to the Agency not later than the end of the said period of three months abandon the telecommunication apparatus or any part of it;
(c)subject to paragraph (b), the operator of the system shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove;
(d)the operator of the system shall be entitled to recover from the Agency the expense of providing, in substitution for the apparatus and any other telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require; and
(e)where under the preceding provisions of this sub-paragraph the operator of the system has abandoned the whole or any part of any telecommunication apparatus, that apparatus or that part of it shall vest in the Agency and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system.
(2)As soon as practicable after the making of an order under paragraph 9 extinguishing a public right of way in circumstances in which sub-paragraph (1) applies in relation to the operator of any telecommunications code system, the Secretary of State shall give notice to the operator of the making of the order.
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