[F172(1)An undertaker, or an agent of an undertaker, is guilty of an offence if that person—U.K.
(a)makes an alteration of electronic communications apparatus in carrying out non-emergency undertaker's works, and
(b)does so—
(i)without notice of proposed works having been given in accordance with paragraph 67, or
(ii)(in a case where such notice is given) before the end of the notice period under paragraph 67.
(2)An undertaker, or an agent of an undertaker, is guilty of an offence if that person—
(a)makes an alteration of electronic communications apparatus in carrying out non-emergency undertaker's works, and
(b)unreasonably fails to comply with any reasonable requirement of the operator under this Part of this code when doing so.
(3)An undertaker, or an agent of an undertaker, is guilty of an offence if that person—
(a)makes an alteration of electronic communications apparatus in carrying out emergency undertaker's works, and
(b)does so without notice of emergency undertaker's works having been given in accordance with paragraph 71.
(4)A person guilty of an offence under this paragraph is liable on summary conviction to—
(a)a fine not exceeding level 4 on the standard scale, if the service provided by the operator's network is interrupted by the works or failure, or
(b)a fine not exceeding level 3 on the standard scale, if that service is not interrupted.
(5)This paragraph does not apply to a Northern Ireland department.]
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)