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6(1)Paragraph 3(2) does not apply to—
(a)any right vested in statutory undertakers for the purpose of carrying on their undertaking,
(b)any apparatus belonging to statutory undertakers for that purpose,
(c)any right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network, or
(d)any electronic communications apparatus kept installed for the purposes of any such network.
(2)In sub-paragraph (1) “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990 (c. 8); and “statutory undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertakers”).
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