(b) the code operator has given the planning authority one month’s notice in writing that the code operator intends to install such apparatus in the area in question.

(2) Regulation 5(2), 5(2A) and 5(3) apply in respect of a notice given under paragraph (1).

(3) A code operator is not required to give notice under paragraph (1) where the electronic communications apparatus is a fixed-line broadband service line.

Listed buildings and ancient monuments

7A

(1) A code operator may install fixed-line broadband lines, fixed-line broadband cabinets, and fixed-line broadband poles in proximity to, or in the case of a fixed-line broadband service line affixed to, a building shown as grade 1 or category A in the statutory list of buildings only if the code operator gives one month’s notice in writing to the planning authority.

(2) Regulations 5(2), 5(2A) and 5(3) apply in respect of a notice given under paragraph (1).

(3) A code operator is not required to give notice under paragraph (1) where the apparatus is installed pursuant to regulation 7(3).

Protected areas

8A

(1) When a code operator intends to install fixed-line broadband lines, fixed-line broadband cabinets or fixed-line broadband poles in—

(a) a National Park, the Broads, a limestone pavement area or an area of outstanding natural beauty, he must give notice in writing to the planning authority;

(b) a national scenic area, he must give notice in writing to Scottish Natural Heritage; or

(c) any land which the National Trust or the National Trust for Scotland has notified the code operator that it owns, or holds any interest in, he must give notice in writing to its relevant regional office.

(2) Regulations 5(2), 5(2A) and 5(3) shall apply in respect of a notice given under paragraph (1) as though references to a planning authority include any other person entitled to receive a notice under paragraph (1).

(3) A code operator is not required to give notice under paragraph (1) where the electronic communications apparatus is a fixed-line broadband service line;

(4) This regulation does not apply in any of the protected areas referred to in regulation 8(1)(b).

Use of conduits

Maintenance and the safety of apparatus

Records of apparatus

Duty to retain and allow inspection of existing records

Duty to make staff available

Arrangements with electricity suppliers

Provision of a temporary electronic communications network

Funds for meeting liabilities

Production of guidelines

Transitional provision

Aerodromes

8B

(1) The code operator must notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate, of the installation, alteration or replacement of a mast that results in the material increase in height within 3 kilometres of the perimeter of an aerodrome if—

(a) the installation, alteration or replacement of the mast does not require planning permission under the Planning Acts; or

(b) planning permission for the installation, alteration or replacement of the mast is granted by a development order and is not subject to the prior approval process.

(2) In this regulation, “aerodrome” means an aerodrome as defined in Schedule 1 to the Air Navigation Order 2016.

Use of conduits

Maintenance and the safety of apparatus

Records of apparatus

Duty to retain and allow inspection of existing records

Duty to make staff available

Arrangements with electricity suppliers

Provision of a temporary electronic communications network

Funds for meeting liabilities

Production of guidelines

Transitional provision

Review

20

(1) The Secretary of State must from time to time—

(a) carry out a review of the amendments made to these Regulations by the Electronic Communications Code (Conditions and Restrictions)(Amendment) Regulations 2016 (“the 2016 Regulations”) and the Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2017 (“the 2017 Regulations”);

(b) set out the conclusions of the review in a report; and

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the 2016 Regulations and the 2017 Regulations;

(b) assess the extent to which these objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this regulation must be published before the end of the period of five years beginning with the day on which the amendments made to these Regulations by the 2016 Regulations come into force.

(4) Reports under this regulation are afterwards to be published every five years.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.