Telecommunications Act 1984
(c) to enter
c. 12
that land to inspect any apparatus kept installed
(whether on, under or over that land or elsewhere) for the
purposes of the operator's system.
(2) A person who is the owner of the freehold estate in any
land or is a lessee of any land shall not be bound by a right conferred
in accordance with sub-paragraph (1) above by the occupier of that
land unless(a) he conferred the right himself as occupier of the land ; or
(b) he has agreed in writing to be bound by the right ; or
(c) he is for the time being treated by virtue of sub-paragraph
(3) below as having so agreed ; or
(d) he is bound by the right by virtue of sub-paragraph (4)
below.
(3) If a right falling within sub-paragraph (1) above has been
conferred by the occupier of any land for purposes connected with
the provision, to the occupier from time to time of that land, of any
telecommunication services and(a) the person conferring the right is also the owner of the freehold estate in that land or is a lessee of the land under a
lease for a term of a year or more, or
(b) in a case not falling within paragraph (a) above, a person
owning the freehold estate in the land or a lessee of the
land under a lease for a term of a year or more has agreed
in writing that his interest in the land should be bound
by the right,
then, subject to paragraph 4 below, that right shall (as well as
binding the person who conferred it) have effect, at any time when
the person who conferred it or a person bound by it under subparagraph (2)(b) or (4) of this paragraph is the occupier of the
land, as if every person for the time being owning an interest in
that land had agreed in writing to the right being conferred for the
said purposes and, subject to its being exercised solely for those
purposes, to be bound by it.
(4) In any case where a person owning an interest in land agrees
in writing (whether when agreeing to the right as occupier or for the
purposes of sub-paragraph (3)(b) above or otherwise) that his interest
should be bound by a right falling within sub-paragraph (1) above,
that right shall (except in so far as the contrary intention appears)
bind the owner from time to time of that interest and also(a) the owner from time to time of any other interest in the
land, being an interest created after the right is conferred
and not having priority over the interest to which the
agreement relates ; and
(b) any other person who is at any time in occupation of the
land and whose right to occupation of the land derives (by
contract or otherwise) from a person who at the time the
right to occupation was granted was bound by virtue of
this sub-paragraph.
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SCH. 2