c. 12
42
PART
II
Entry, for
exploratory
purposes, on
land
Scotland.
1972 c. 52.
Telecommunications Act 1984
38.-(1) A person nominated by a public telecommunications
operator and duly authorised in writing by the Secretary of State
may, at any reasonable time, enter upon and survey any land in
Scotland, other than land covered by buildings or used as a
garden or pleasure ground, for the purpose of ascertaining
whether the land would be suitable for use by the operator for,
or in connection with, the establishment or running of the operator's system.
(2) Sections 265(8) and 266(1) to (3) and (6) of the Town and
Country Planning (Scotland) Act 1972 (supplementary provisions
as to powers of entry) shall have effect in relation to the power
conferred by this section as they have effect in relation to the
powers conferred by the said section 265, subject to the following modifications, namely(a) that section 266(1) (twenty-four hours' notice to be given
of an intended entry upon occupied land) shall so have
effect as if for the words " twenty-four hours " there
were substituted the words " twenty-eight days " ; and
(b) that section 265(8) (power to search and bore for minerals
etc.) shall so have effect as if the words " or the presence
of minerals therein " were omitted.
(3) Where, in an exercise of the power conferred by this section, any damage is caused to land or to corporeal moveables,
the operator shall make good the damage or pay to every person
interested in the land or corporeal moveables compensation in
respect of the damage ; and where, in consequence of an exercise
of that power, any person is disturbed in his enjoyment of any
land or corporeal moveables, the operator shall pay to that person compensation in respect of the disturbance.
(4) Any question arising under this section as to the effect
of damage or as to the amount of compensation shall, in the
case of dispute, be determined by arbitration, and the reference
in such an arbitration shall be to a single arbiter to be appointed
by agreement between the parties or, in default of an agreement,
by the Secretary of State.
Entry, for
exploratory
purposes, on
land in
Northern
Ireland.
1965 c. 23
(N.I.).
39.-(1) A person nominated by a public telecommunications
operator and duly authorised in writing by the Secretary of State
may, at any reasonable time, enter upon and survey any land in
Northern Ireland, other than land covered by buildings or used
as a garden or pleasure ground, for the purpose of ascertaining
whether the land would be suitable for use by the operator for,
or in connection with, the establishment or running of the operator's system.
(2) Section 40(2) to (5) and (8) of the Land Development
Values (Compensation) Act (Northern Ireland) 1965 (which