House of Commons Public Bill Committee Proceedings

Session 2014 - 15
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Other Bills before Parliament

Public Bill Committee Proceedings: 15 January 2015
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connection with the execution of any works in compliance with the

order.

      (8)
This paragraph is subject to paragraph 78.

      (9)
In this paragraph “improvement” includes development and change

of use.

What limitations are there on the court’s powers under paragraph 76 or 77?

78  (1)
This paragraph applies where the court is considering making—

(a)
an order under paragraph 76 directing the alteration of any

apparatus or authorising the installation of any apparatus,

or

(b)
an order under paragraph 77 directing the alteration of any

apparatus.

      (2)
The court must not make the order unless it is satisfied—

(a)
that the operator has all such rights as it appears to the court

appropriate that the operator should have for the purpose of

making the alteration or, as the case may be, installing the

apparatus, or

(b)
that—

(i)
the operator would have all those rights if the court,

on an application under paragraph 19, imposed an

agreement on the operator and another person, and

(ii)
it would be appropriate for the court, on such an

application, to impose such an agreement.

      (3)
For the purposes of avoiding the need for the agreement of any

person to the alteration or installation of any apparatus, the court

has the same powers as it would have if an application had been

duly made under paragraph 19 above for an order imposing such an

agreement.

      (4)
For the purposes of this paragraph, the court has the power on an

application under paragraph 76 or 77 to give the objector directions

for bringing the application to the notice of such other interested

persons as it thinks fit.

Part 13

Rights to lop trees

Rights to lop trees

79  (1)
This paragraph applies where—

(a)
a tree or other vegetation overhangs a street in England and

Wales or Northern Ireland or a road in Scotland, and

(b)
the tree or vegetation—

(i)
obstructs, or will or may obstruct, relevant

electronic communications apparatus, or

(ii)
interferes with, or will or may interfere with, such

apparatus.

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      (2)
In sub-paragraph (1) “relevant electronic communications

apparatus” means electronic communications apparatus which—

(a)
is installed, or about to be installed, on land, and

(b)
is used, or to be used, for the purposes of an operator’s

network.

      (3)
The operator may, by notice to the occupier of the land on which the

tree or vegetation is growing, require the tree to be lopped or the

vegetation to be cut back to prevent the obstruction or interference.

      (4)
If, within the period of 28 days beginning with the day on which the

notice is given, the occupier of the land on which the tree is growing

gives the operator a counter-notice objecting to the lopping of the

tree or cutting back of the vegetation, the notice has effect only if

confirmed by an order of the court.

      (5)
Sub-paragraph (6) applies if at any time a notice under sub-

paragraph (3) has not been complied with and—

(a)
the period of 28 days beginning with the day on which the

notice was given has expired without a counter-notice

having been given, or

(b)
an order of the court confirming the notice has come into

force.

      (6)
The operator may cause the tree to be lopped or the vegetation to be

cut back.

      (7)
Where the operator lops a tree or cuts back vegetation in exercise of

the power in sub-paragraph (6) the operator must do so in a

husband-like manner and in such a way as to cause the minimum

damage to the tree or vegetation.

      (8)
Sub-paragraph (9) applies where—

(a)
a notice under sub-paragraph (3) is complied with (either

without a counter-notice having been given or after the

notice has been confirmed), or

(b)
the operator exercises the power in sub-paragraph (6).

      (9)
The court must, on an application made by a person who has

sustained loss or damage in consequence of the lopping of the tree

or cutting back of the vegetation or who has incurred expenses in

complying with the notice, order the operator to pay that person

such compensation in respect of the loss or damage as it thinks fit.

Part 14

Compensation under the code

Introductory

80
This Part of this code makes provision about compensation under

this code.

Compensation where agreement imposed or apparatus removed

81  (1)
This paragraph applies to the following powers of the court to order

an operator to pay compensation to a person—

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(a)
the power in paragraph 25(1) (compensation where order

made imposing agreement on person);

(b)
the power in paragraph 40(3) (compensation in relation to

removal of the apparatus from the land).

      (2)
Depending on the circumstances, the power of the court to order the

payment of compensation for loss or damage includes power to

order payment for—

(a)
expenses (including reasonable legal and valuation

expenses, subject to the provisions of any enactment about

the powers of the court by whom the order for

compensation is made to award costs),

(b)
diminution in the value of the land, and

(c)
costs of reinstatement.

      (3)
For the purposes of assessing such compensation for diminution in

the value of land, the following provisions apply with any necessary

modifications as they apply for the purposes of assessing

compensation for the compulsory purchase of any interest in land—

(a)
in relation to England and Wales, rules (2) to (4) set out in

section 5 of the Land Compensation Act 1961;

(b)
in relation to Scotland, rules (2) to (4) set out in section 12

of the Land Compensation (Scotland) Act 1963;

(c)
in relation to Northern Ireland, rules (2) to (4) set out in

Article 6(1) of the Land Compensation (Northern Ireland)

Order 1982 (SI 1982/712 (NI 9)).

      (4)
In the application of this paragraph to England and Wales, section

10(1) to (3) of the Land Compensation Act 1973 (compensation in

respect of mortgages, trusts of land and settled land) applies in

relation to such compensation for diminution in the value of land as

it applies in relation to compensation under Part 1 of that Act.

      (5)
In the application of this paragraph to Scotland, section 10(1) and

(2) of the Land Compensation (Scotland) Act 1973 (compensation

in respect of restricted interests in land) applies in relation to such

compensation for diminution in the value of land as it applies in

relation to compensation under Part 1 of that Act.

      (6)
In the application of this paragraph to Northern Ireland, Article

13(1) to (3) of the Land Acquisition and Compensation (Northern

Ireland) Order 1973 (SI 1973/1896 (NI 21)) (compensation in

respect of mortgages, trusts for sale and settlements) applies in

relation to such compensation for diminution in the value of land as

it applies in relation to compensation under Part II of that Order.

      (7)
Where a person has a claim for compensation to which this

paragraph applies and a claim for compensation under any other

provision of this code in respect of the same loss, the compensation

payable to that person must not exceed the amount of that person’s

loss.

Compensation for injurious affection to neighbouring land etc

82  (1)
This paragraph applies where a right conferred by or in accordance

with any provision of Parts 2 to 9 of this code is exercised by an

operator.

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      (2)
In the application of this paragraph to England and Wales,

compensation is payable by the operator under section 10 of the

Compulsory Purchase Act 1965 (compensation for injurious

affection to neighbouring land) as if that section applied in relation

to injury caused by the exercise of such a right as it applied in

relation to injury caused by the execution of works on land that has

been compulsorily acquired.

      (3)
In the application of this paragraph to Scotland, compensation is

payable by the operator under section 6 of the Railway Clauses

Consolidation (Scotland) Act 1845 as if that section applied in

relation to injury caused by the exercise of such a right as it applied

in relation to injury caused by the execution of works on land that

has been taken or used for the purpose of a railway.

      (4)
Any question as to a person’s entitlement to compensation by virtue

of sub-paragraph (3), or as to the amount of that compensation, is,

in default of agreement, to be determined by the Lands Tribunal for

Scotland.

      (5)
In the application of this paragraph to Northern Ireland,

compensation is payable by the operator under Article 18 of the

Land Compensation (Northern Ireland) Order 1982 (SI 1982/712

(NI 9)) as if that section applied in relation to injury caused by the

exercise of such a right as it applied in relation to injury caused by

the execution of works on land that has been compulsorily acquired.

      (6)
Any question as to a person’s entitlement to compensation by virtue

of sub-paragraph (5), or as to the amount of that compensation, is,

in default of agreement, to be determined by the Lands Tribunal for

Northern Ireland.

      (7)
Compensation is payable on a claim for compensation under this

paragraph only if the amount of the compensation exceeds £50.

      (8)
Compensation is payable to a person under this paragraph

irrespective of whether the person claiming the compensation has

any interest in the land in relation to which the right referred to in

sub-paragraph (1) is exercised.

      (9)
Compensation under this paragraph may include reasonable legal

and valuation expenses, subject to the provisions of any enactment

about the powers of the court or tribunal by whom an order for

compensation is made to award costs.

No other compensation available

83
Except as provided by any provision of Parts 2 to 14 of this code or

this Part, an operator is not liable to compensate any person for, and

is not subject to any other liability in respect of, any loss or damage

caused by the lawful exercise of any right conferred by or in

accordance with any provision of those Parts.

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Part 15

Notices under the code

Introductory

84
This Part makes provision—

(a)
about requirements for the form of notices given under this

code by operators,

(b)
about requirements for the form of notices given under this

code by persons other than operators, and

(c)
about procedures for giving notices.

Notices given by operators

85  (1)
A notice given under this code by an operator must—

(a)
explain the effect of the notice,

(b)
explain which provisions of this code are relevant to the

notice, and

(c)
explain the steps that may be taken by the recipient in

respect of the notice.

      (2)
If OFCOM have prescribed the form of a notice which may or must

be given by an operator under a provision of this code, a notice

given by an operator under that provision must be in that form.

      (3)
A notice which does not comply with this paragraph is not a valid

notice for the purposes of this code.

      (4)
Sub-paragraph (3) does not prevent the person to whom the notice

is given from relying on the notice if the person chooses to do so.

      (5)
In any proceedings under this code a certificate issued by OFCOM

stating that a particular form of notice has been prescribed by them

as mentioned in this paragraph is conclusive evidence of that fact.

Notices given by others

86  (1)
Sub-paragraph (2) applies to a notice given under paragraph 31(1),

33(1), 38(1) or 39(2) by a person other than an operator.

      (2)
If OFCOM have prescribed the form of a notice given under the

provision in question by a person other than an operator, the notice

must be in that form.

      (3)
A notice which does not comply with sub-paragraph (2) is not a

valid notice for the purposes of this code.

      (4)
Sub-paragraph (3) does not prevent the operator to whom the notice

is given from relying on the notice if the operator chooses to do so.

      (5)
Sub-paragraph (6) applies to a notice given under any other

provision of this code by a person other than an operator if—

(a)
OFCOM have prescribed the form of a notice given under

that provision by a person other than an operator,

(b)
the notice is given in response to a notice given by an

operator, and

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(c)
the operator has, in giving the notice, drawn the person’s

attention to the form prescribed by OFCOM.

      (6)
The notice is a valid notice for the purposes of this code, but the

person giving the notice must bear any costs incurred by the

operator as a result of the notice not being in that form.

      (7)
In any proceedings under this code a certificate issued by OFCOM

stating that a particular form of notice has been prescribed by them

as mentioned in this paragraph is conclusive evidence of that fact.

Prescription of notices by OFCOM

87  (1)
OFCOM must prescribe the form of a notice to be given under each

provision of this code that requires a notice to be given.

      (2)
OFCOM may from time to time amend or replace a form prescribed

under sub-paragraph (1).

      (3)
Before prescribing a form for the purposes of this code, OFCOM

must consult operators and such other persons as OFCOM think

appropriate.

      (4)
Sub-paragraph (3) does not apply to the amendment or replacement

of a form prescribed under sub-paragraph (1).

Procedures for giving notice

88  (1)
A notice given under this code must not be sent by post unless it is

sent by a registered post service or by recorded delivery.

      (2)
For the purposes, in the case of a notice under this code, of section

394 of this Act (service of notifications and other documents) and

section 7 of the Interpretation Act 1978 (references to service by

post), the proper address of a person (“P”) is—

(a)
if P has given the person giving the notice an address for

service under this code, that address, and

(b)
otherwise, the address given by section 394.

      (3)
Sub-paragraph (4) applies if it is not practicable, for the purposes of

giving a notice under this code, to find out after reasonable

enquiries the name and address of a person who is the occupier of

land for the purposes of this code.

      (4)
A notice may be given under this code to the occupier —

(a)
by addressing it to a person by the description of “occupier”

of the land (and describing the land), and

(b)
by delivering it to a person who is on the land or, if there is

no person on the land to whom it can be delivered, by

affixing it, or a copy of it, to a conspicuous object on the

land.

      (5)
Sub-paragraph (6) applies if it is not practicable, for the purposes of

giving a notice under this code, to find out after reasonable

enquiries the name and address of the owner of an interest in land.

      (6)
A notice may be given under this code to the owner—

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(a)
by addressing it to a person by the description of “owner”

of the interest (and describing the interest and the land), and

(b)
by delivering it to a person who is on the land or, if there is

no person on the land to whom it can be delivered, by

affixing it, or a copy of it, to a conspicuous object on the

land.

Part 16

Enforcement and dispute resolution

Introductory

89
This Part of this code makes provision about—

(a)
the court or tribunal by which agreements and rights under

this code may be enforced,

(b)
the meaning of references to “the court” in this code, and

(c)
the power of the Secretary of State by regulations to confer

jurisdiction under this code on other tribunals.

Enforcement of agreements and rights

90
An agreement under this code, and any right conferred by this code,

may be enforced—

(a)
in the case of an agreement imposed by a court or tribunal,

by the court or tribunal which imposed the agreement,

(b)
in the case of any agreement or right, by any court or

tribunal which for the time being has the power to impose

an agreement under this code, or

(c)
in the case of any agreement or right, by any court of

competent jurisdiction.

Meaning of “the court”

91  (1)
In this code “the court” means—

(a)
in relation to England and Wales, the county court,

(b)
in relation to Scotland, the sheriff, and

(c)
in relation to Northern Ireland, a county court.

      (2)
Sub-paragraph (1) is subject to provision made by regulations under

paragraph 92.

Power to confer jurisdiction on other tribunals

92  (1)
The Secretary of State may by regulations provide for a function

conferred by this code on the court to be exercisable by any of the

following—

(a)
in relation to England and Wales, the First-tier Tribunal;

(b)
in relation to England and Wales, the Upper Tribunal;

(c)
in relation to Scotland, the Lands Tribunal for Scotland;

(d)
in relation to Northern Ireland, the Lands Tribunal for

Northern Ireland.



© Parliamentary copyright	Revised 16 January 2015