Telecommunications Act 1984
c. 12
112
SCH. 2
Power to dispense with the need for required agreement
5.-(1) Where the operator requires any person to agree for the
purposes of paragraph 2 or 3 above that any right should be conferred on the operator, or that any right should bind that person or
any interest in land, the operator may give a notice to that person
of the right and of the agreement that he requires.
(2) Where the period of 28 days beginning with the giving of a
notice under sub-paragraph (1) above has expired without the giving
of the required agreement, the operator may apply to the court for
an order conferring the proposed right, or providing for it to bind
any person or any interest in land, and (in either case) dispensing
with the need for the agreement of the person to whom the notice
was given.
(3) The court shall make an order under this paragraph if, but
only if, it is satisfied that any prejudice caused by the order(a) is capable of being adequately compensated for by money ;
or
(b) is outweighed by the benefit accruing from the order to the
persons whose access to a telecommunication system will be
secured by the order ;
and in determining the extent of the prejudice, and the weight of that
benefit, the court shall have regard to all the circumstances and to the
principle that no person should unreasonably be denied access to
a telecommunication system.
(4) An order under this paragraph made in respect of a proposed
right may, in conferring that right or providing for it to bind any
person or any interest in land and in dispensing with the need for
any person's agreement, direct that the right shall have effect with
such modifications, be exercisable on such terms and be subject
to such conditions as may be specified in the order.
(5) The terms and conditions specified by virtue of sub-paragraph
(4) above in an order under this paragraph, shall include such terms
and conditions as appear to the court appropriate for ensuring that
the least possible loss and damage is caused by the exercise of the
right in respect of which the order is made to persons who occupy,
own interests in or are from time to time on the land in question.
S.I. 1980/397
(N.I. 3).
(6) For the purposes of proceedings under this paragraph in a
county court in England and Wales or Northern Ireland, section
63(1) of the County Courts Act 1984 and Article 33(1) of the County
Courts (Northern Ireland) Order 1980 (assessors) shall have effect
as if the words "on the application of any party" were omitted ;
and where an assessor is summoned, or, in Northern Ireland, appointed, by virtue of this sub-paragraph(a) he may, if so directed by the judge, inspect the land to
which the proceedings relate without the judge and report
on the land to the judge in writing ; and
(b) the judge may take the report into account in determining
whether to make an order under this paragraph and what
order to make.