SCHEDULES
C3C2C7C9C10C13C14C16C17SCHEDULE 4Powers in relation to, and for, statutory undertakers
Sch. 4 applied (with modifications) by 1999 c. 29, s. 333ZB(3)(4) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))
Schs. 2-4 applied (with modifications) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(3), Sch. 3 Pt. 2
Schs. 2-4 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14(5), Sch. 3 (with art. 28)
Schs. 2-4 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(5), Sch. 2 Pt. 2
Schs. 2-4 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 13(5), Sch. 2 Pts. 1, 2
Sch. 4: transfer of functions (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 9(1) (with art. 17)
Sch. 4 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 9(5), Sch. 2 Pt. 2
Schs. 2-4 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 10(5), Sch. 2 Pt. 2
C7C9C10C13C16C17Part 2Powers for undertakers to carry out works
Notices to carry out works
I19
1
Sub-paragraph (2) applies if—
a
apparatus vested in, or belonging to, statutory undertakers is on, under or over land of the HCA, and
b
the statutory undertakers claim that development to be carried out on the land will require, on technical or other grounds connected with carrying on their undertaking, the removal or re-siting of the apparatus affected by the development.
2
The statutory undertakers may serve on the HCA a notice claiming the right to—
a
enter on the land, and
b
carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.
3
No notice may be served under sub-paragraph (2) more than 21 days after the beginning of the development on the land.
Counter-notices
I2C4C5C6C7C9C8C11C10C13C12C16C15C18C1710
1
Sub-paragraph (2) applies if statutory undertakers serve a notice under paragraph 9 on the HCA.
2
The HCA may, before the end of the period of 28 days beginning with the date of the service of the notice, serve a counter-notice on the statutory undertakers.
3
The counter-notice is a notice stating that the HCA objects to all or any provisions of the notice under paragraph 9.
4
The counter-notice must also specify the grounds of the HCA's objection.
Effect of unopposed notice
I311
1
This paragraph applies if—
a
a notice is served under paragraph 9,
b
no counter-notice is served under paragraph 10, and
c
the period of 28 days beginning with the date of the service of the notice under paragraph 9 has ended.
2
The statutory undertakers have the rights claimed in their notice under paragraph 9.
Opposed notices and Ministerial orders
I412
1
This paragraph applies if—
a
a notice is served under paragraph 9, and
b
a counter-notice is served under paragraph 10.
2
The statutory undertakers may—
a
withdraw the notice served under paragraph 9, or
b
apply to the Secretary of State and the appropriate Minister for an order under sub-paragraph (3).
3
The Secretary of State and the appropriate Minister may by order confer on the statutory undertakers—
a
the rights claimed in the notice under paragraph 9, or
b
such modified rights as the Secretary of State and the appropriate Minister consider it appropriate to confer on the statutory undertakers.
4
The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.
Power to arrange for the works to be done by the HCA
I513
1
Sub-paragraph (2) applies if statutory undertakers have the right to carry out works for the removal or re-siting of apparatus by virtue of this Part of this Schedule.
2
The statutory undertakers may arrange with the HCA for the works to be carried out by the HCA, under the superintendence of the statutory undertakers, instead of by the statutory undertakers themselves.
Compensation
I614
1
Statutory undertakers are entitled to compensation from the HCA if works are carried out for the removal or re-siting of their apparatus which they have the right to carry out by virtue of this Part of this Schedule.
2
Sections 280 and 282 of the Town and Country Planning Act 1990 (c. 8) (measure of compensation to statutory undertakers) apply to compensation under this paragraph as they apply to compensation under section 279(4) of that Act.
Electronic communications
I715
1
The reference in paragraph 9(1)(a) to apparatus vested in, or belonging to, statutory undertakers includes a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network.
2
Where paragraph 9(1)(a) has effect as mentioned in sub-paragraph (1) above—
a
any reference in this Part of this Schedule to statutory undertakers has effect as a reference to the operator of the electronic communications code network, and
Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)