Prospective
(1)An undertaker or operator on whom an authority has served a removal notice under section 314(3) may, within 28 days beginning with the day it was served, serve a counter-notice on the authority—
(a)stating that the undertaker or operator objects to all or any of the provisions of the removal notice, and
(b)specifying the grounds of objection.
(2)Where no counter-notice is served—
(a)any right to which the removal notice relates is extinguished at the end of the period specified in the notice, and
(b)if, at the end of the period specified, a requirement of the notice to remove apparatus has not been complied with, the authority may remove the apparatus and dispose of it in any way it considers appropriate.
(3)If a counter-notice is served on a local authority or a statutory undertaker, the authority or undertaker may—
(a)withdraw the removal notice, or
(b)apply to the Welsh Ministers and the appropriate Minister for an order incorporating the provisions of the removal notice, with or without modifications.
(4)If a counter-notice is served on a government department—
(a)the government department may withdraw the removal notice, or
(b)the government department and the appropriate Minister may make an order incorporating the provisions of the removal notice, with or without modifications.
(5)The withdrawal of a notice under subsection (3) or (4) does not prevent the authority that acquired or appropriated the land from serving another removal notice.
(6)Where an order is made under subsection (3) or (4)—
(a)any right to which the order relates is extinguished at the end of the period specified in it, and
(b)if a requirement to remove apparatus has not been complied with at the end of a period specified in it, the authority that acquired or appropriated the land may remove the apparatus and dispose of it in any way it considers appropriate.
(7)Part 1 of Schedule 18 makes further provision in connection with orders under this section.
(8)For the purposes of subsections (3) and (4) and Part 1 of Schedule 18 as they apply in relation to orders about rights or apparatus of operators of electronic communications code networks, the appropriate Minister is the Secretary of State for Science, Innovation and Technology.
(9)In subsection (3) and paragraph 1(3) of Schedule 18, “local authority” includes—
(a)a local authority, within the meaning given by section 336(1) of the Town and Country Planning Act 1990 (c. 8), for an area in England, and
(b)a National Park authority for a National Park in England.
Commencement Information
I1S. 315 not in force at Royal Assent, see s. 409(2)