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)
Modifications etc. (not altering text)
C1Sch. 3A applied by S.I. 1991/1220 (N.I. 11), art. 104(5) (as substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(c))
50(1)This paragraph applies if an operator gives a transport undertaker notice of proposed works under paragraph 49.U.K.
(2)The transport undertaker may, within the notice period, give the operator notice objecting to the proposed works (“notice of objection”).
(3)If notice of objection is given, the operator or the transport undertaker may, within the arbitration notice period, give the other notice that the objection is to be referred to arbitration under paragraph 52 (“arbitration notice”).
(4)In a case where notice of objection is given, the operator may exercise a transport land right in order to carry out the proposed works only if they are permitted under sub-paragraph (5) or (6).
(5)Works are permitted in a case where—
(a)the arbitration notice period has ended, and
(b)no arbitration notice has been given.
(6)In a case where arbitration notice has been given, works are permitted in accordance with an award made on the arbitration.
(7)In this paragraph—
(a)“arbitration notice period” means the period of 28 days beginning with the day on which objection notice is given;
(b)expressions defined in paragraph 49 have the same meanings as in that paragraph.]