ABSTRACT
This chapter considers the rights under the Old Code which entitle the occupier/owner to seek alteration or removal of the apparatus. It deals with the right of removal, an overview of paragraph 21, who may serve a paragraph 21 notice, and the orders which the court may make. The chapter also considers who has to bear the costs of effecting removal, the impact of paragraph 5 of the Old Code, the interrelation with the 1954 Act, and the transitional provisions of the New Code. The Old Code applies whether the agreement grants a lease, whether or not contracted out from the 1954 Act, or a licence. The heading to paragraph 21 is 'restriction on right to require the removal of apparatus'. Unlike paragraph 20, which is an enabling provision amplifying rather than restricting the rights of the landowner, the terms of paragraph 21 is a restriction on the rights of the landowner.
