292Electronic communications apparatus affected by order(1)

Subsections (2) and (3) apply where—

(a)

a highway is stopped up or diverted in pursuance of an order under section 280 or 281, or any right to use vehicles on a highway is extinguished by an order under section 286, and

(b)

immediately before the day the order came into force, there was electronic communications apparatus installed on the highway for the purposes of an electronic communications code network.

(2)

The operator of the network has the same powers in relation to the apparatus as if the order had not come into force.

(3)

But any person entitled to land over which the highway or right subsisted is entitled to require the apparatus to be altered.

(4)

Subsections (5) and (6) apply where—

(a)

an order under section 280, 281, 286 or 287 provides for the improvement of a highway for which the Welsh Ministers are not, and the Secretary of State is not, the highway authority, and

(b)

immediately before the day the order came into force, there was electronic communications apparatus installed on the highway for the purposes of an electronic communications code network.

(5)

The highway authority for the highway is entitled to require the apparatus to be altered.

(6)

Subsection (5) does not entitle the highway authority to require any apparatus to be altered for the purpose of major highway works, major bridge works or major transport works within the meaning of Part 3 of the New Roads and Street Works Act 1991 (c. 22).

(7)

In this section references to altering apparatus include moving, removing and replacing it.

(8)

Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) applies in relation to any entitlement under this section to require the alteration, moving or replacement of electronic communications apparatus as it applies in relation to an entitlement to require the removal of such apparatus.