Telecommunications Act 1984
c. 12
(9) Subject to paragraphs 9(2) and 11(2) below, this paragraph
shall not require any person to give his agreement to the exercise
of any right conferred by any of paragraphs 9 to 12 below.
Agreement required for obstructing access etc.
3.--(1) A right conferred in accordance with paragraph 2 above
or by paragraph 9, 10 or 11 below to execute any works on any land,
to keep telecommunication apparatus installed on, under or over any
land or to enter any land shall not be exercisable so as to interfere
with or obstruct any means of entering or leaving any other land
unless the occupier for the time being of the other land conferred,
or is otherwise bound by, a right to interfere with or obstruct that
means of entering or leaving the other land.
(2) The agreement in writing of the occupier for the time being
of the other land shall be required for conferring any right for the
purposes of sub-paragraph (1) above on the operator.
(3) The references in sub-paragraph (1) above to a means of entering or leaving any land include references to any means of entering or
leaving the land provided for use in emergencies.
(4) Sub-paragraphs (2) to (7) of paragraph 2 above except subparagraph (3) shall apply (subject to the following provisions of this
code) in relation to a right falling within sub-paragraph (1) above as
they apply in relation to a right falling within paragraph 2(1) above.
(5) Nothing in this paragraph shall require the person who is the
occupier of, or owns any interest in, any land which is a street
or to which paragraph 11 below applies to agree to the exercise of
any right on any other land.
Effect of rights and compensation
4.-(1) Anything done by the operator in exercise of a right
conferred in relation to any land in accordance with paragraph 2
or 3 above shall be deemed to be done in exercise of a statutory
power except as against(a) a person who, being the owner of the freehold estate in that
land or a lessee of the land, is not for the time being bound
by the right ; or
(b) a person having the benefit of any covenant or agreement
which has been entered into as respects the land under any
enactment and which, by virtue of that enactment, binds
or will bind persons deriving title or otherwise claiming
under the covenantor or, as the case may be, a person who
was a party to the agreement.
(2) Where a right has been conferred in relation to any land in
accordance with paragraph 2 or 3 above and anything has been
done in exercise of that right, any person who, being the occupier
of the land, the owner of the freehold estate in the land or a lessee
of the land, is not for the time being bound by the right shall
have the right to require the operator to restore the land to its
condition before that thing was done.
SCH. 2