Telecommunications Act 1984
c. 12
114
virtue of paragraph 2(4) above by the rights to which the
order relates are adequately compensated (whether by the
payment of such consideration or otherwise) for any loss
or damage sustained by them in consequence of the exercise
of those rights.
Scx. 2
(2) In determining what terms should be specified in an order
under paragraph 5 above for requiring an amount to be paid to any
person in respect
(a) the provisions of that order conferring any right or providing
for any right to bind any person or any interest in land,
or
(b) the exercise of any right to which the order relates,
of-
the court shall take into account the prejudicial effect (if any) of the
order or, as the case may be, of the exercise of the right on that
person's enjoyment of, or on any interest of his in, land other than
the land in relation to which the right is conferred.
(3) In determining what terms should be specified in an order under
paragraph 5 above for requiring an amount to be paid to any person,
the court shall, in a case where the order is made in consequence
of an application made in connection with proceedings under paragraph 21 below, take into account, to such extent as it thinks fit, any
period during which that person(a) was entitled to require the removal of any telecommunication apparatus from the land in question, but
(b) by virtue of paragraph 21 below, was not entitled to enforce
its removal ;
but where the court takes any such period into account, it may also
take into account any compensation paid under paragraph 4(4)
above.
(4) The terms specified by virtue of sub-paragraph (1) above in an
order under paragraph 5 above may provide(a) for the making of payments from time to time to such persons
as may be determined under those terms ; and
(b) for questions arising in consequence of those terms (whether
as to the amount of any loss or damage caused by the
exercise of a right or otherwise) to be referred to arbitration
or to be determined in such other manner as may be specified in the order.
fit
(5) The court may, if it thinks
(a) where the amount of any sum required to be paid by virtue
of terms specified in an order under paragraph 5 above
has been determined, require the whole or any part of any
such sum to be paid into court;
(b) pending the determination of the amount of any such sum,
order the payment into court of such amount on account
as the
court thinks fit.