Telecommunications Act 1984
c. 12
105
(b) in Scotland, have the same meanings as in Part
III of the Countryside (Scotland) Act 1967 ; and
(c) in Northern Ireland, mean a way over which the
Scx. 2
1967 c. 86.
public have, by virtue of the Access to the Countryside S.I. 1983/1895
(Northern Ireland) Order 1983, a right of way on horse- (N.i. 18).
back and on foot, respectively ;
" the court " means, without prejudice to any right of appeal
conferred by virtue of paragraph 25 below or otherwise(a) in relation to England and Wales and Northern
Ireland, the county court ; and
(b) in relation to Scotland, the sheriff ;
" emergency works ", in relation to the operator or a relevant
undertaker for the purposes of paragraph 23 below, means
works the execution of which at the time it is proposed to
execute them is requisite in order to put an end to, or
prevent, the arising of circumstances then existing or imminent which are likely to cause(a) danger to persons or property,
(b) the interruption of any service provided by the
operator's system or, as the case may be, interference
with the exercise of any functions conferred or imposed
on the undertaker by or under any enactment ; or
(c) substantial loss to the operator or, as the case may
be, the undertaker,
and such other works as in all the circumstances it is reasonable to execute with those works ;
" line " shall be construed in accordance with the definition in
this paragraph of telecommunication apparatus ;
" maintainable highway
(a) except in Northern Ireland, means a maintainable highway within the meaning of the Public Utilities 1950 c. 39.
Street Works Act 1950 other than one which is a footpath or bridleway that crosses, and forms part of, any
agricultural land or any land which is being brought
into use for agriculture ; and
(b) in Northern Ireland, means a highway maintainable
by the Department of the Environment for Northern Ire-
"-
land ;
the operator " means(a) where this code has effect by virtue of paragraph
(a) of subsection (1) of section 10 of this Act, the person to whom this code is applied by the licence mentioned in that paragraph ; and
(b) where this code has effect by virtue of paragraph
(b) of that subsection, the Secretary of State or the Northem Ireland department in question ;
"the operator's system" means the telecommunication system
the running of which is for the time being authorised by