Part III Miscellaneous and Supplementary Provisions

45 Provisions as to telegraphic lines.

1

Notwithstanding anything in Part I of this Act, none of the rights or powers conferred thereby or by any order made thereunder shall authorise any interference with any F1F9electronic communications apparatus kept installed for purposes of F10an electronic communications code network or include any right or power to require any such apparatus to be altered.

F22

Where F3opencast planning permission has been granted,paragraph 23 of F11the electronic communications code (which provides a procedure for certain cases where works involve the alteration of F9electronic communications apparatus) shall apply F4for the purposes of any permitted activities to the person with the benefit of that permission.

3

Where in pursuance of an order made under . . . F5 section fifteen of this Act, a public right of way is suspended, and, immediately before the date on which that order became operative, there was under, in, upon, over, along or across the way to which the order relates F13... F6F9electronic communications apparatus kept installed for the purposes of F10an electronic communications code network, the operator of F12that network shall have the same rights in respect of that apparatusas if the order had not become operative:

Provided that this subsection shall have effect without prejudice to the provisions of the last preceding subsection.

F74

Paragraph 1(2) of F11the electronic communications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsection (1) above as it applies for the purposes of that code.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8