5(1)Subject to sub-paragraph (2) below, a licence holder who instals or alters, or changes the mode of operation of, any electric line or electrical plant shall take all reasonable precautions for securing that the operation of that line or plant does not interfere with the operation of any [F1electronic communications apparatus] which—E+W+S
(a)is under the control of a person to whom the [F2electronic communications code] applies; and
(b)is not unusually sensitive to interference with its operation.
(2)In the case of any [F1electronic communications apparatus] which is subsequently installed or altered or whose mode of operation is subsequently changed, the duty imposed by sub-paragraph (1) above shall not apply in relation to—
(a)any momentary interference with its operation; or
(b)where it is installed in unreasonably close proximity to the electric line or electrical plant, any other interference with its operation.
(3)Sub-paragraphs (1) and (2) above shall be read as also applying in the converse case of a person to whom the [F2electronic communications code] applies who instals or alters, or changes the mode of operation of, any [F1electronic communications apparatus], and in such a case shall have effect as if—
(a)any reference to the licence holder were a reference to that person;
(b)any reference to an electric line or electrical plant were a reference to such apparatus; and
(c)any reference to such apparatus under the control of a person to whom that code applies were a reference to such a line or such plant under the control of a licence holder.
(4)Any difference arising under this paragraph between a licence holder and a person to whom the [F2electronic communications code] applies shall be referred to arbitration by an arbitrator or, in Scotland, arbiter appointed, in default of agreement between the parties, by the President of the Chartered Institute of Arbitrators.
(5)In this paragraph “momentary interference” means any interference of momentary duration which is not a regular occurrence (whether caused by physical contact or otherwise).
Textual Amendments
F1Words in Sch. 4 para. 5 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 99(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F2Words in Sch. 4 para. 5 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 99(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)