(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 [F1[F2electronic communications apparatus] kept installed for purposes of [F3an electronic communications code network] or include any right or power to require any such apparatus to be altered.]
[F4(2)Where [F5opencast planning permission has been granted],paragraph 23 of [F6the electronic communications code] (which provides a procedure for certain cases where works involve the alteration of [F2electronic communications apparatus]) shall apply [F7for the purposes of any permitted activities to the person with the benefit of that permission].]
(3)Where in pursuance of an order made under . . . F8 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 F9... [F10[F2electronic communications apparatus] kept installed for the purposes of [F3an electronic communications code network], the operator of [F11that network] shall have the same rights in respect of that apparatus]as if the order had not become operative:
Provided that this subsection shall have effect without prejudice to the provisions of the last preceding subsection.
[F12(4)Paragraph 1(2) of [F6the 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Textual Amendments
F1Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 38(2), Sch. 5 para. 45
F2Words in s. 45 substituted (25.7.2003 for specified purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 27(1)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
F3Words in s. 45 substituted (25.7.2003 for specified purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 27(1)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
F4S. 45(2), substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 38(3), Sch. 5 para. 45
F5Words substituted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 12(a)
F6Words in s. 45 substituted (25.7.2003 for specified purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 27(1)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
F7Words in s. 45(2) substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 34 (with s. 40(7); S.I. 1994/2553, art. 2
F8Words repealed by Coal Industry Act 1975 (c. 56), s. 5(3), Sch. 5
F9Word in s. 45(3) repealed (25.7.2003 for specified purposes and for further purposes 29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 3(3))
F10Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 38(4), Sch. 5 para. 45
F11Words in s. 45 substituted (25.7.2003 for specified purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 27(1)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
F12S. 45(4) substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 38(5), Sch. 5 para. 45
F13S. 45(5) repealed by Coal Industry Act 1975 (c. 56), s. 5(3), Sch. 5