Textual Amendments
F1Sch. 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)
81(1)This paragraph applies where the court is considering making—U.K.
(a)an order under paragraph 79 directing the alteration of any apparatus or authorising the installation of any apparatus, or
(b)an order under paragraph 80 directing the alteration of any apparatus.
(2)The court must not make the order unless it is satisfied—
(a)that the operator has all such rights as it appears to the court appropriate that the operator should have for the purpose of making the alteration or, as the case may be, installing the apparatus, or
(b)that—
(i)the operator would have all those rights if the court, on an application under paragraph 20, imposed an agreement on the operator and another person, and
(ii)it would be appropriate for the court, on such an application, to impose such an agreement.
(3)For the purposes of avoiding the need for the agreement of any person to the alteration or installation of any apparatus, the court has the same powers as it would have if an application had been duly made under paragraph 20 for an order imposing such an agreement.
(4)For the purposes of this paragraph, the court has the power on an application under paragraph 79 or 80 to give the objector directions for bringing the application to the notice of such other interested persons as it thinks fit.]