SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 8FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

schedule 15 paragraph 115 + 115.  For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing, between the undertaker and the operator.

schedule 15 paragraph 116 + 116.  In this Part of this Schedule—

term the 2003 act + “the 2003 Act” means the Communications Act 2003;

term the code rights + “the code rights” has the same meaning as in the paragraph 3 of the electronic communications code(1);

term electronic communications apparatus + “electronic communications apparatus” has the same meaning as in the electronic communications code;

term the electronic communications code + “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 (networks, services and the radio spectrum) of the 2003 Act;

term electronic communications code network + “electronic communications code network” means—

term electronic communications code operator + “electronic communications code operator” means a person in whose case the electronic communication code is applied by a direction under section 106 of the 2003 Act;

term infrastructure system + “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and

term operator + “operator” means the operator of an electronic communications code network.

schedule 15 paragraph 117 + 117.  The exercise of the powers conferred by this Order is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

schedule 15 paragraph 118 + 118.—(1) Subject to sub-paragraph (2) and paragraph 119 of this Part of this Schedule, if as a result of the authorised development or its construction, or of any subsidence resulting from any of the authorised development—

schedule 15 paragraph 118 1 a + (a)any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposed of the authorised development), or other property of an operator; or

schedule 15 paragraph 118 1 b + (b)there is any interruption in the supply of the service supplied by an operator,

the undertaker, must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other reasonable expense, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

schedule 15 paragraph 119 + 119.  The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker and if such consent is withheld the undertaker has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

schedule 15 paragraph 120 + 120.  Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 52 (arbitration).

schedule 15 paragraph 121 + 121.  This Part of this Schedule does not apply to—

schedule 15 paragraph 121 a + (a)any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

schedule 15 paragraph 121 b + (b)any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

schedule 15 paragraph 122 + 122.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.