Telecommunications Act 1984
c. 12
In relation to any time before 1st August 1984, the reference in
SCH. 2
this sub-paragraph to section 63(1) of the County Courts Act 1984
shall have effect as a reference to section 91(1) of the County Courts 1959 c. 22.
Act
1959.
(7) Where an order under this paragraph, for the purpose of
conferring any right or making provision for a right to bind any
person or any interest in land, dispenses with the need for the agreement of any person, the order shall have the same effect and incidents
as the agreement of the person the need for whose agreement is dispensed with and accordingly (without prejudice to the foregoing)
shall be capable of variation or release by a subsequent agreement.
Acquisition of rights in respect of apparatus already installed
6.-(1) The following provisions of this paragraph apply where
the operator gives notice under paragraph 5(1) above to any person
and-
(a) that notice requires that person's agreement in. respect of a
right which is to be exercisable (in whole or in part) in
relation to telecommunication apparatus already kept instal-
led on, under or over the land in question, and
(b) that person is entitled to require the removal of that
apparatus but, by virtue of paragraph 21 below, is not
entitled to enforce its removal.
(2) The court may, on the application of the operator, confer on the
operator such temporary rights as appear to the court reasonably
necessary for securing that, pending the determination of any proceedings under paragraph 5 above or paragraph 21 below, the service provided by the operator's system is maintained and the apparatus
properly adjusted and kept in repair.
(3) In any case where it is shown that a person with an interest
in the land was entitled to require the removal of the apparatus
immediately after it was installed, the court shall, in determining
for the purposes of paragraph 5 above whether the apparatus should
continue to be kept installed on, under or over the land, disregard
the fact that the apparatus has already been installed there.
Court to fix financial terms where agreement dispensed with
7.-(1) The terms and conditions specified by virtue of sub-paragraph (4) of paragraph 5 above in an order under that paragraph dispensing with the need for a person's agreement, shall include(a) such terms with respect to the payment of consideration in
respect of the giving of the agreement, or the exercise of the
rights to which the order relates, as it appears to the
court would have been fair and reasonable if the agreement
had been given willingly and subject to the other provisions
of the order ; and
(b) such terms as appear to the court appropriate for ensuring
that that person and persons from time to time bound by
113