Modifications etc. (not altering text)
C1Sch. 33 Pt. 3: functions transferred (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(5) (with art. 17)
33(1)Subject to sub-paragraph (2), [F1Part 10] of the electronic communications code applies for the purposes of the authorised works.U.K.
(2)[F2Parts 6 and 10] of the electronic communications code do not apply for the purposes of the authorised works—
(a)insofar as such works are regulated by the New Roads and Street Works Act 1991 or any regulation made under that Act,
(b)where the nominated undertaker exercises a right under subsection (4)(b) of section 272 of the Town and Country Planning Act 1990 or under an order made under that section to remove electronic communications apparatus, or
(c)in respect of any matter regulated by sub-paragraphs (3) to (8) of paragraph 35.
Textual Amendments
F1Words in Sch. 33 para. 33(1) substituted (coming into force in accordance with of the amending S.I.) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 13(2)(b)(i)
F2Words in Sch. 33 para. 33(2) substituted (coming into force in accordance with of the amending S.I.) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 13(2)(b)(ii)