[F148(1)For the purposes of this code a “transport land right”, in relation to an operator, is—U.K.
(a)a right to cross any transport land with a line;
(b)a right, for the purposes of crossing any transport land with a line—
(i)to install and keep the line and any other electronic communications apparatus on, under or over the transport land;
(ii)to inspect, maintain, adjust, alter, repair, upgrade or operate electronic communications apparatus on, under or over the transport land;
(iii)a right to carry out any works on the transport land for or in connection with the exercise of a right under sub-paragraph (i) or (ii);
(iv)a right to enter the transport land to inspect, maintain, adjust, alter, repair, upgrade or operate the line or other electronic communications apparatus.
(2)A line installed in the exercise of a transport land right need not cross the transport land in question by a direct route or the shortest route from the point at which the line enters the transport land.
(3)But the line must not cross the transport land by any route which, in the horizontal plane, exceeds that shortest route by more than 400 metres.
(4)The transport land rights do not authorise an operator to install a line or other electronic communications apparatus in any position on transport land in which the line or other apparatus would interfere with traffic on the railway, canal or tramway.]
Textual Amendments
F1Sch. 3A inserted (31.7.2017 for the purpose of making regulations under Sch. 3A para. 95, 22.11.2017 but only in relation to Sch. 3A para. 106, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(b)