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))
79(1)This paragraph applies if the notice is given before the end of the period of 12 months beginning with the date on which installation of the apparatus was completed.U.K.
(2)At any time after the end of the period of two months beginning with the date on which the notice is given, but before the end of the period of four months beginning with that date, the objector may apply to the court to have the objection upheld.
(3)The court must uphold the objection if the following conditions are met.
(4)The first condition is that the apparatus appears materially to prejudice the objector's enjoyment of, or interest in, the land by reference to which the objection is made.
(5)The second condition is that the court is not satisfied that the only possible alterations of the apparatus will—
(a)substantially increase the cost or diminish the quality of the service provided by the operator's network to persons who have, or may in future have, access to it,
(b)involve the operator in substantial additional expenditure (disregarding any expenditure caused solely by the fact that any proposed alteration was not adopted originally or, as the case may be, that the apparatus has been unnecessarily installed), or
(c)give to any person a case at least as good as the objector has to have an objection under this paragraph upheld.
(6)If the court upholds an objection under this paragraph it may by order do any of the following—
(a)direct the alteration of the apparatus to which the objection relates;
(b)authorise the installation (instead of the apparatus to which the objection relates), in a manner and position specified in the order, of any apparatus specified in the order;
(c)direct that no objection may be made under this paragraph in respect of any apparatus the installation of which is authorised by the court.
(7)Where an objector has both given a notice under paragraph 78 and applied for compensation under any of the other provisions of this code—
(a)the court may give such directions as it thinks fit for ensuring that no compensation is paid until any proceedings under this paragraph have been disposed of, and
(b)if the court makes an order under this paragraph, it may provide in that order for some or all of the compensation otherwise payable under this code to the objector not to be so payable, or, if the case so requires, for some or all of any compensation paid under this code to the objector to be repaid to the operator.
(8)For the purposes of sub-paragraph (5)(c), the court has the power on an application under this paragraph to give the objector directions for bringing the application to the notice of such other interested persons as it thinks fit.
(9)This paragraph is subject to paragraph 81.]