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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 | 5 |
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 | 10 |
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; | 15 |
(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; | 20 |
(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 | 25 |
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 | 30 |
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 | 35 |
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. | 40 |
(6) Those provisions are— | |
(a) sections 238 to 240 (use and development of consecrated land and | |
burial ground); | |
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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— | 10 |
(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. | 15 |
(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 | 20 |
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 | 25 |
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 | 30 |
(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. | 35 |
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 | 40 |
(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. | 45 |
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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 | 10 |
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— | 15 |
(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 | 20 |
(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 | 25 |
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 | 30 |
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) | 35 |
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, | 40 |
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 | 45 |
used as a garden or pleasure ground. | |
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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 | 5 |
(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 | 10 |
(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 | 15 |
(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 | 20 |
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. | 25 |
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 | 30 |
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. | 35 |
(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 | 40 |
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), | 45 |
omit “or the presence of minerals therein”; and | |
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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 | 15 |
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 | 20 |
(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. | 25 |
(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 | 30 |
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— | 35 |
(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”. | 40 |
(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. | 45 |
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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 | 10 |
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 | 20 |
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 | 30 |
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; | 35 |
(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 | 40 |
OFCOM reasonably require in order to satisfy themselves that the applicant | |
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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). | 25 |
(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 | 35 |
(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— | 40 |
(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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