316Powers of statutory undertakers or network operators to enter land to remove or re-site apparatus(1)

This section applies where—

(a)

there has been a relevant acquisition or relevant appropriation of any land,

(b)

there is apparatus belonging to a statutory undertaker on the land, and

(c)

the undertaker claims that, for technical or other reasons connected with the carrying on of its undertaking, development to be carried out on the land requires apparatus affected by the development to be removed or re-sited.

(2)

This section also applies where—

(a)

there has been a relevant acquisition or relevant appropriation of any land,

(b)

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

(c)

the operator of the network claims that, for technical or other reasons connected with the provision of the network, development to be carried out on the land requires apparatus affected by the development to be removed or re-sited.

(3)

The undertaker or operator may serve on the authority that acquired or appropriated the land a notice claiming the rights to enter the land and carry out works specified in the notice for the removal or re-siting of the apparatus (or any part of it specified in the notice).

(4)

A notice under subsection (3) must be served before the end of 21 days beginning with the day the development starts.

(5)

An authority on whom a notice is served under subsection (3) may, within 28 days beginning with the day it was served, serve on the undertaker or operator a counter-notice—

(a)

stating that the authority objects to all or any of the provisions of the notice served under subsection (3), and

(b)

specifying the grounds of objection.

(6)

Where no counter-notice is served by the end of the period mentioned in subsection (5), the undertaker or operator that served the notice under subsection (3) has the rights claimed in the notice.

(7)

Where a counter-notice is served by the end of that period, the undertaker or operator may—

(a)

withdraw the notice it served under subsection (3), or

(b)

apply to the Welsh Ministers and the appropriate Minister for an order conferring on it the rights claimed in the notice under subsection (3) or such modified rights as the Welsh Ministers and the appropriate Minister consider appropriate.

(8)

Where an undertaker or operator has the right to carry out works on land by virtue of subsection (6) or an order under subsection (7), it may instead arrange with the authority that acquired or appropriated the land for the works to be carried out by that authority under its supervision.

(9)

For the purposes of subsection (7) as it applies in relation to orders conferring rights on operators of electronic communications code networks, the appropriate Minister is the Secretary of State for Science, Innovation and Technology.

(10)

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.