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)
74(1)This paragraph applies where any electronic communications apparatus is kept on or over any land for the purposes of an operator's network.U.K.
(2)The operator has the right, for the statutory purposes, to install and keep lines which—
(a)pass over other land adjacent to, or in the vicinity of, the land on or over which the apparatus is kept,
(b)are connected to that apparatus, and
(c)are not, at any point where they pass over the other land, less than three metres above the ground or within two metres of any building over which they pass.
(3)Sub-paragraph (2) does not authorise the installation or keeping on or over any land of—
(a)any electronic communications apparatus used to support, carry or suspend a line installed under sub-paragraph (2), or
(b)any line which, as a result of its position, interferes with the carrying on of any business carried on on that land.
(4)In this paragraph “business” includes a trade, profession or employment and includes any activity carried on by a body of persons (whether corporate or unincorporate).]