Telecommunications Act 1984
c. 12
110
Scu. 2
(3) Any duty imposed by virtue of sub-paragraph (2) above shall,
to the extent that its performance involves the removal of any telecommunication apparatus from any land, be enforceable only in
accordance with paragraph 21 below.
(4) Where(a) on a right in relation to any land being conferred or varied
in accordance with paragraph 2 above, there is a depreciation in the value of any relevant interest in the land,
and
(b) that depreciation is attributable to the fact that paragraph
21 below will apply to the removal from the land, when the
owner for the time being of that interest becomes the occupier of the land, of any telecommunication apparatus installed in pursuance of that right,
the operator shall pay compensation to the person who, at the time
the right is conferred or, as the case may be, varied, is the owner
of that relevant interest ; and the amount of that compensation shall
be equal (subject to sub-paragraph (9) below) to the amount of the
depreciation.
(5) In sub-paragraph (4) above " relevant interest ", in relation to
land subject to a right conferred or varied in accordance with paragraph 2 above, means any interest in respect of which the following
two conditions are satisfied at the time the right is conferred or
varied,
namely-
(a) the owner of the interest is not the occupier of the land but
may become the occupier of the land by virtue of that
interest ; and
(b) the owner of the interest becomes bound by the right or
variation by virtue only of paragraph 2(3) above.
1961 c. 33.
(6) Any question as to a person's entitlement to compensation
under sub-paragraph (4) above, or as to the amount of any compensation under that sub-paragraph, shall, in default of agreement,
be referred to and determined by the Lands Tribunal ; and sections
2 and 4 of the Land Compensation Act 1961 (procedure and costs
before Lands Tribunal) shall apply, with the necessary modifications,
in relation to any such determination.
(7) A claim to compensation under sub-paragraph (4) above shall
be made by giving the operator notice of the claim and specifying in
of-
that notice particulars
(a) the land in respect of which the claim is made ;
(b) the claimant's interest in the land and, so far as known to
the claimant, any other interests in the land ;
(c) the right or variation in respect of which the claim is made ;
and
(d) the amount of the compensation claimed ;
and such a claim shall be capable of being made at any time before
the claimant becomes the occupier of the land in question, or at any
time in the period of three years beginning with that time.