[F1When can a separate application for restoration of land be made?U.K.
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)
43(1)This paragraph applies if—U.K.
(a)the condition of the land has been affected by the exercise of a code right, and
(b)restoration of the land to its condition before the code right was exercised does not involve the removal of electronic communications apparatus from any land.
(2)The occupier of the land, the owner of the freehold estate in the land or the lessee of the land (“the relevant person”) has the right to require the operator to restore the land if the relevant person is not for the time being bound by the code right.
(3)The relevant person does not have that right if—
(a)the land is occupied by a person who—
(i)conferred a code right (which is in force) entitling the operator to affect the condition of the land in the same way as the right mentioned in sub-paragraph (1), or
(ii)is otherwise bound by such a right, and
(b)that code right was not conferred in breach of a covenant enforceable by the relevant person.
(4)In the application of sub-paragraph (3)(b) to Scotland the reference to a covenant enforceable by the relevant person is to be read as a reference to a contractual term which is so enforceable.
(5)A person who has the right conferred by this paragraph may give a notice to the operator requiring the operator to restore the land to its condition before the code right was exercised.
(6)The notice must—
(a)comply with paragraph 89 (notices given by persons other than operators), and
(b)specify the period within which the operator must complete the works.
(7)The period specified under sub-paragraph (6) must be a reasonable one.
(8)Sub-paragraph (9) applies if, within the period of 28 days beginning with the day on which the notice was given, the landowner and the operator do not reach agreement on any of the following matters—
(a)that the operator will restore the land to its condition before the code right was exercised;
(b)the time at which or period within which the land will be restored.
(9)The landowner may make an application to the court for—
(a)an order under paragraph 44(2) (order requiring operator to restore land), or
(b)an order under paragraph 44(4) (order enabling landowner to recover cost of restoring land).
(10)If the court makes an order under paragraph 44(2), but the operator does not comply with the agreement imposed on the operator and the landowner by virtue of paragraph 44(7), the landowner may make an application to the court for an order under paragraph 44(4).
(11)In the application of sub-paragraph (2) to Scotland the reference to a person who is the owner of the freehold estate in the land is to be read as a reference to a person who is the owner of the land.]