Telecommunications Act 1984
c. 12
108
SCH. 2
(5) A right falling within sub-paragraph (1) above shall not be
exercisable except in accordance with the terms (whether as to
payment or otherwise) subject to which it is conferred ; and, accordingly, every person for the time being bound by such a right shall
have the benefit of those terms.
(6) A variation of a right falling within sub-paragraph (1) above
or of the terms on which such a right is exercisable shall be capable
of binding persons who are not parties to the variation in the same
way as, under sub-paragraphs (2), (3) and (4) above, such a right is
capable of binding persons who are not parties to the conferring of
the right.
(7) It is hereby declared that a right falling within sub-paragraph
(1) above is not subject to the provisions of any enactment requiring
the registration of interests in, charges on or other obligations affecting
land.
(8) In this paragraph and paragraphs 3 and 4
1950 c. 39.
below-
(a) references to the occupier of any land shall have effect(i) in relation to any footpath or bridleway that crosses
and forms part of any agricultural land or any land
which is being brought into use for agriculture, as references to the occupier of that land ;
(ii) in relation to any street (not being such a footpath
or bridleway), as references to the street managers within
the meaning of the Public Utilities Street Works Act 1950
(which for this purpose shall be deemed to extend to
Northern Ireland) ; and
(iii) in relation to any land (not being a street) which
is unoccupied, as references to the person (if any) who
for the time being exercises powers of management or
control over the land or, if there is no such person, to
every person whose interest in the land would be prejudicially affected by the exercise of the right in question ;
(b) " lease " includes any leasehold tenancy (whether in the
nature of a head lease, sub-lease or underlease) and any
agreement to grant such a tenancy but not a mortgage by
demise or sub-demise and "lessee" shall be construed
accordingly ; and
(c) references to the owner of a freehold estate shall, in
relation to land in Scotland, have effect as references to the
person(i) who is infeft proprietor of the land ; or
(ii) who has right to the land but whose title thereto
is not complete ; or
(iii) in the case of land subject to a heritable security
constituted by ex facie absolute disposition, who is the
debtor in the security, except where the creditor is in
possession of the land,
other than a person having a right as a superior only.