SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 12

Rights to object to certain apparatus

What is the procedure if the objection is made later than 12 months after installation?
80
1
This paragraph applies if the notice is given after the end of the period of 12 months beginning with the date on which installation of the apparatus was completed.
2
At any time after the end of the period of two months beginning with the date on which the notice is given, but before the end of the period of four months beginning with that date, the objector may apply to the court to have the objection upheld.
3
The court may uphold the objection only if it is satisfied that—
a
the alteration is necessary to enable the objector to carry out a proposed improvement of the land by reference to which the objection is made, and
b
the alteration will not substantially interfere with any service which is or is likely to be provided using the operator's network.
4
If the court upholds an objection under this paragraph it may by order direct the alteration of the apparatus to which the objection relates.
5
An order under this paragraph may provide for the alteration to be carried out with such modifications, on such terms and subject to such conditions as the court thinks fit.
6
But the court must not include any such modifications, terms or conditions in its order without the consent of the objector, and if such consent is not given may refuse to make an order under this paragraph.
7
An order made under this paragraph must, unless the court otherwise thinks fit, require the objector to reimburse the operator in respect of any expenses which the operator incurs in or in connection with the execution of any works in compliance with the order.
8
This paragraph is subject to paragraph 81.
9
In this paragraph “
improvement
” includes development and change of use.
Sch. 3A inserted (31.7.2017 for the purpose of making regulations under Sch. 3A para. 95, 22.11.2017 but only in relation to Sch. 3A para. 106, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(b)
Sch. 3A applied by S.I. 1991/1220 (N.I. 11), art. 104(5) (as substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(c))