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Communications Bill


Communications Bill
Schedule 4 — Compulsory purchase and entry for exploratory purposes

    350

 

Schedule 4

Section 114

 

Compulsory purchase and entry for exploratory purposes

Interpretation

  1        In this Schedule—

                    “code operator” means a provider of an electronic communications

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network in whose case the electronic communications code is

applied by a direction under section 102, and

                    “the operator’s network”, in relation to a code operator, means so much

of the electronic communications network provided by the operator

as is not excluded from the application of the electronic

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communications code under section 102(5).

General duties with respect to powers under Schedule

  2        In exercising his powers under this Schedule it shall be the duty of the

Secretary of State to have regard, in particular, to each of the following—

              (a)             the duties imposed on OFCOM by sections 3 and 4;

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              (b)             the need to protect the environment and, in particular, to conserve

the natural beauty and amenity of the countryside;

              (c)             the need to ensure that highways are not damaged or obstructed,

and traffic not interfered with, to any greater extent than is

reasonably necessary;

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              (d)             the need to encourage the sharing of the use of electronic

communications apparatus.

Compulsory purchase of land: England and Wales

  3       (1)      Subject to sub-paragraph (2), the Secretary of State may authorise a code

operator to purchase compulsorily any land in England and Wales which is

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required by the operator—

              (a)             for, or in connection with, the establishment or running of the

operator’s network, or

              (b)             as to which it can reasonably be foreseen that it will be so required.

          (2)      No order is to be made authorising a compulsory purchase under this

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paragraph by a code operator except with OFCOM’s consent.

          (3)      This power to purchase land compulsorily includes power to acquire an

easement or other right over land by the creation of a new right.

          (4)      The Acquisition of Land Act 1981 (c. 67) is to apply to any compulsory

purchase under this paragraph as if the code operator were a local authority

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within the meaning of that Act.

          (5)      The provisions of the Town and Country Planning Act 1990 (c. 8) specified

in sub-paragraph (6) have effect in relation to land acquired compulsorily by

a code operator under this paragraph as they have effect in relation to land

acquired compulsorily by statutory undertakers.

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          (6)      Those provisions are—

              (a)             sections 238 to 240 (use and development of consecrated land and

burial ground);

 

 

Communications Bill
Schedule 4 — Compulsory purchase and entry for exploratory purposes

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              (b)             section 241 (use and development of land for open spaces); and

              (c)             sections 271 to 274 (extinguishment of rights of way, and rights as to

apparatus, of statutory undertakers).

          (7)      Where a code operator has acquired land under this paragraph, he must not

dispose of that land, or of an interest or right in or over it, except with

5

OFCOM’s consent.

Compulsory purchase of land: Scotland

  4       (1)      Subject to sub-paragraph (2), the Secretary of State may authorise a code

operator to purchase compulsorily any land in Scotland which is required by

the operator—

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              (a)             for, or in connection with, the establishment or running of the

operator’s network, or

              (b)             as to which it can reasonably be foreseen that it will be so required.

          (2)      No order is to be made authorising a compulsory purchase under this

paragraph except with OFCOM’s consent.

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          (3)      This power to purchase land compulsorily includes power to acquire a

servitude or other right over land by the creation of a new right.

          (4)      The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

(c. 42) applies to any compulsory purchase under this paragraph as if—

              (a)             the code operator were a local authority within the meaning of that

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Act; and

              (b)             this paragraph had been in force immediately before the

commencement of that Act.

          (5)      The provisions of the Town and Country Planning (Scotland) Act 1997 (c. 8)

specified in sub-paragraph (6) have effect in relation to land acquired

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compulsorily by a code operator under this paragraph as they have effect in

relation to land acquired compulsorily by statutory undertakers.

          (6)      Those provisions are—

              (a)             section 197 (provisions as to churches and burial grounds);

              (b)             section 198 (use and development of land for open spaces); and

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              (c)             sections 224 to 227 (extinguishment of rights of way, and rights as to

apparatus, of statutory undertakers).

          (7)      Where a code operator has acquired land under this paragraph, he must not

dispose of that land, or of any interest or right in or over it, except with

OFCOM’s consent.

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Compulsory purchase of land: Northern Ireland

  5       (1)      Where a code operator proposes to acquire, otherwise than by agreement,

any land in Northern Ireland required by him—

              (a)             for, or in connection with, the establishment or running of the

operator’s network, or

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              (b)             as to which it can reasonably be foreseen that it will be so required,

                   he may, with OFCOM’s consent, apply to the Secretary of State for an order

vesting that land in him.

          (2)      On such an application the Secretary of State is to have power to make such

an order.

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Communications Bill
Schedule 4 — Compulsory purchase and entry for exploratory purposes

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          (3)      This power to acquire land compulsorily includes power to acquire an

easement or other right over land by the creation of a new right.

          (4)      Where a code operator has acquired land under this paragraph, he must not

dispose of that land, or of any interest or right in or over it, except with

OFCOM’s consent.

5

          (5)      The following provisions—

              (a)             Schedule 6 to the Local Government Act (Northern Ireland) 1972 (c. 9

(N.I.)) (acquisition of land by vesting order), and

              (b)             Schedule 8 to the Health and Personal Social Services (Northern

Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (provisions as to

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inquiries),

                   have effect for the purposes of the acquisition of land by means of a vesting

order under this paragraph as they have effect for the purposes of that Act

and that Order but subject to the modifications set out in sub-paragraph (6).

          (6)      Those modifications are—

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              (a)             for any reference to the Department substitute a reference to the

Secretary of State;

              (b)             for any reference to the Act or Order in question substitute a

reference to this Act;

              (c)             for any reference in Schedule 6 to the Local Government Act

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(Northern Ireland) 1972 to a council substitute a reference to the code

operator;

              (d)             in paragraph 6(2) of that Schedule, for the words from “the fund”

onwards substitute “funds of the code operator (in this Schedule

referred to as “the compensation fund”) and shall be discharged by

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payments made by the code operator”; and

              (e)             in paragraph 12(2) of that Schedule for “the clerk of the council”

substitute “such person as may be designated for the purposes of this

Schedule by the code operator”.

          (7)      The enactments for the time being in force relating to the assessment of

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compensation in respect of land vested in a district council by an order made

under Schedule 6 to the Local Government Act (Northern Ireland) 1972 are

to apply, subject to any necessary modifications, in relation to land vested in

a code operator by an order made under this paragraph.

          (8)      In this paragraph, “land” has the meaning assigned to it by section 45(1)(a)

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of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

Entry on land for exploratory purposes: England and Wales

  6       (1)      A person—

              (a)             nominated by a code operator, and

              (b)             duly authorised in writing by the Secretary of State,

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                   may, at any reasonable time, enter upon and survey land in England and

Wales for the purpose of ascertaining whether the land would be suitable for

use by the code operator for, or in connection with, the establishment or

running of the operator’s network.

          (2)      This paragraph does not apply in relation to land covered by buildings or

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used as a garden or pleasure ground.

 

 

Communications Bill
Schedule 4 — Compulsory purchase and entry for exploratory purposes

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          (3)      Sections 324(8) and 325(1) to (5), (8) and (9) of the Town and Country

Planning Act 1990 (c. 8) (supplementary provisions relating to powers of

entry) have effect in relation to the power conferred by this paragraph—

              (a)             as they have effect in relation to the powers conferred by section 324

of that Act; but

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              (b)             subject to the modifications set out in sub-paragraph (4).

          (4)      Those modifications are—

              (a)             in section 324(8) (power to search and bore for the purpose of

ascertaining the nature of the subsoil or the presence of minerals)

omit “or the presence of minerals therein”; and

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              (b)             in section 325(1) (24 hours’ notice to be given of an intended entry

upon occupied land) for “24 hours” substitute “28 days”.

          (5)      Where, in an exercise of the power conferred by this paragraph, any damage

is caused to land or to chattels, the code operator must—

              (a)             make good the damage, or

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              (b)             pay compensation in respect of the damage to every person

interested in the land or chattels.

          (6)      Where, in consequence of an exercise of the power conferred by this

paragraph, a person is disturbed in his enjoyment of land or chattels, the

code operator must pay that person compensation in respect of the

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disturbance.

          (7)      Section 118 of the Town and Country Planning Act 1990 (determination of

disputes as to compensation) applies to any question of disputed

compensation under this paragraph as it applies to such questions under

Part 4 of that Act.

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Entry on land for exploratory purposes: Scotland

  7       (1)      A person—

              (a)             nominated by a code operator, and

              (b)             duly authorised in writing by the Secretary of State,

                   may, at any reasonable time, enter upon and survey any land in Scotland for

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the purpose of ascertaining whether the land would be suitable for use by

the code operator for, or in connection with, the establishment or running of

the operator’s network.

          (2)      This paragraph does not apply in relation to land covered by buildings or

used as a garden or pleasure ground.

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          (3)      Sections 269(6) and 270(1) to (5), (8) and (9) of the Town and Country

Planning (Scotland) Act 1997 (c. 8) (supplementary provisions relating to

powers of entry) have effect in relation to the power conferred by this

section—

              (a)             as they have effect in relation to the powers conferred by section 269

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of that Act; but

              (b)             subject to the modifications set out in sub-paragraph (4).

          (4)      Those modifications are—

              (a)             in section 269(6) (power to search and bore for the purpose of

ascertaining the nature of the subsoil or the presence of minerals),

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omit “or the presence of minerals therein”; and

 

 

Communications Bill
Schedule 4 — Compulsory purchase and entry for exploratory purposes

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              (b)             in section 270(1) (24 hours’ notice to be given of an intended entry

upon occupied land) for “24 hours” substitute “28 days”.

          (5)      Where, in an exercise of the power conferred by this paragraph, damage is

caused to land or to corporeal moveables, the code operator must—

              (a)             make good the damage, or

5

              (b)             pay compensation in respect of the damage to every person

interested in the land or corporeal moveables.

          (6)      Where, in consequence of an exercise of the power conferred by this

paragraph, a person is disturbed in his enjoyment of any land or corporeal

moveables, the code operator must pay that person compensation in respect

10

of the disturbance.

          (7)      A dispute arising under this paragraph

              (a)              as to the effect of damage, or

              (b)             as to the amount of compensation,

                   must be determined by arbitration by a single arbiter appointed by

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agreement between the parties or, in default of an agreement, by the

Secretary of State.

Entry on land for exploratory purposes: Northern Ireland

  8       (1)      A person—

              (a)             nominated by a code operator, and

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              (b)             duly authorised in writing by the Secretary of State,

                   may, at any reasonable time, enter upon and survey any land in Northern

Ireland for the purpose of ascertaining whether the land would be suitable

for use by the code operator for, or in connection with, the establishment or

running of the operator’s network.

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          (2)      This paragraph does not apply in relation to land covered by buildings or

used as a garden or pleasure ground.

          (3)      Subsections (2) to (5) and (8) of section 40 of the Land Development Values

(Compensation) Act (Northern Ireland) 1965 (c. 23 (N.I.)) (supplementary

provisions relating to powers of entry) have effect in relation to the power of

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entry conferred by this paragraph—

              (a)             as they have effect in relation to the power conferred by that section;

but

              (b)             subject to the modifications set out in sub-paragraph (4).

          (4)      Those modifications are—

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              (a)             in section 40(2) (power to search and bore for the purpose of

ascertaining the nature of the subsoil or the presence of minerals)

omit “or the presence of minerals therein”; and

              (b)             in section 40(3)(b) (three days’ notice to be given of an intended entry

upon occupied land) for the word “three” substitute “twenty eight”.

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          (5)      Where, in an exercise of the power conferred by this paragraph, damage is

caused to land or to chattels, the code operator must—

              (a)             make good the damage, or

              (b)             pay compensation in respect of the damage to every person

interested in the land or chattels.

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Schedule 5 — Procedure for grants of recognised spectrum access

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          (6)      Where, in consequence of an exercise of the power conferred by this

paragraph, a person is disturbed in his enjoyment of any land or chattels, the

code operator must pay that person compensation in respect of the

disturbance.

          (7)      Section 31 of the Land Development Values (Compensation) Act (Northern

5

Ireland) 1965 (c. 23 (N.I.)) (determination of disputes as to compensation)

applies to any question of disputed compensation under this paragraph as

it applies to such questions under Part 3 of that Act.

Acquisition of land by agreement

  9       (1)      For the purpose of the acquisition by agreement by a code operator of land

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in England and Wales, the provisions of Part 1 of the Compulsory Purchase

Act 1965 (c. 56) (so far as applicable), other than sections 4 to 8 (time limits,

notices to treat etc.) and section 31 (ecclesiastical property), apply as they

apply for the purposes of that Act.

          (2)      For the purpose of the acquisition by agreement by a code operator of land

15

in Scotland, section 109(2) of the Town and Country Planning (Scotland) Act

1972 (c. 52) (incorporation of Lands Clauses Acts) applies, with any

necessary modifications, for the purposes of this Act as it applies for the

purposes of that Act.

          (3)      For the purpose of the acquisition by agreement by a code operator of land

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in Northern Ireland, the Lands Clauses Acts, except for sections 127 to 132

(sale of superfluous land) and sections 150 and 151 (access to the special Act)

of the Lands Clauses Consolidation Act 1845 (c. 18), apply as they apply for

the purposes of those Acts.

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Schedule 5

Section 154

 

Procedure for grants of recognised spectrum access

General procedure for applications

  1       (1)      An application for a grant of recognised spectrum access shall be

determined in accordance with procedures prescribed in regulations made

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by OFCOM.

          (2)      Section 388 applies to regulations made under this paragraph.

          (3)      The procedures must include provision for—

              (a)             time limits for dealing with applications for a grant of recognised

spectrum access;

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              (b)             requirements which must be met before a grant is made;

              (c)             the restrictions and conditions to which a grant may be made subject.

Information to be provided in connection with applications

  2        The grounds on which a grant of recognised spectrum access may be refused

by OFCOM include a failure by the applicant to provide information which

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OFCOM reasonably require in order to satisfy themselves that the applicant

 

 

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Schedule 5 — Procedure for grants of recognised spectrum access

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  2        is able to comply with restrictions or conditions to which the grant may be

made subject.

Notice of proposed refusal of application

  3       (1)      Where OFCOM propose to refuse an application for a grant of recognised

spectrum access, they shall give notice to the applicant—

5

              (a)             stating the reasons for their proposal; and

              (b)             specifying a period within which representations may be made

about the proposal.

          (2)      That period must be a period ending not less than one month after the day

of the giving of the notice.

10

Duration of grant

  4        A grant of recognised spectrum access continues in force, unless previously

revoked by OFCOM, for such period as may be specified in the notification

by which the grant is made.

Revocation or modification

15

  5        OFCOM may revoke or modify a grant of recognised spectrum access, or the

restrictions or conditions to which such a grant is subject, by a notice to the

person to whom the grant was made.

Notice of proposed revocation or modification

  6       (1)      Where OFCOM propose to revoke or modify a grant of recognised spectrum

20

access or a restriction or condition to which such a grant is subject, they shall

give a notification to the holder of the grant—

              (a)             stating the reasons for their proposal; and

              (b)             specifying the period during which the person notified has an

opportunity to do the things specified in sub-paragraph (2).

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          (2)      Those things are—

              (a)             making representations about the proposal; and

              (b)             if the proposal is the result of a contravention of a restriction or

condition of the grant, complying with it.

          (3)      Subject to sub-paragraphs (4) to (6), the period for doing those things must

30

be the period of one month beginning with the day after the one on which

the notification was given.

          (4)      OFCOM may, if they think fit, allow a longer period for doing those things

either—

              (a)             by specifying a longer period in the notification; or

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              (b)             by subsequently, on one or more occasions, extending the specified

period.

          (5)      The person notified shall have a shorter period for doing those things if a

shorter period is agreed between OFCOM and the person notified.

          (6)      The person notified shall also have a shorter period if—

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              (a)             OFCOM have reasonable grounds for believing that the case is a case

of serious and repeated contravention or an urgent case;

 

 

 
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