314Removal notices: ending rights over land etc. of statutory undertakers and network operators(1)

This section applies where there has been a relevant acquisition or relevant appropriation of any land and—

(a)

a statutory undertaker is entitled to—

(i)

a right of way over the land, or

(ii)

a right to install, keep or maintain apparatus on the land,

for the purpose of carrying on its undertaking, or

(b)

there is apparatus belonging to a statutory undertaker on the land for the purpose of carrying on its undertaking.

(2)

This section also applies where there has been a relevant acquisition or relevant appropriation of any land and—

(a)

the operator of an electronic communications code network is entitled to—

(i)

a right of way over the land, or

(ii)

a right to install, keep or maintain apparatus on the land,

conferred by or in accordance with the electronic communications code, or

(b)

there is electronic communications apparatus installed on the land for the purposes of an electronic communications code network.

(3)

The authority that acquired or appropriated the land may serve a removal notice on the undertaker or operator.

(4)

A removal notice is a notice—

(a)

stating that the right to which it relates will be extinguished at the end of the period specified in the notice, or

(b)

requiring the apparatus to which it relates to be removed before the end of the period specified in it.

(5)

The period specified in the notice must be at least 28 days beginning with the day the notice is served.

(6)

The authority that acquired or appropriated the land may only serve a removal notice if it is satisfied that it is necessary for the right to be extinguished or the apparatus to be removed for the purpose of carrying out any development with a view to which the land was acquired or appropriated.

(7)

The definitions of “relevant acquisition” and “relevant appropriation” in section 274 apply for the purposes of this section but as if section 274(4)(b) were omitted.