c. 12
116
Scx. 2
Telecommunications Act 1984
incurred by the potential subscriber in or in connection with the
taking of any step under this paragraph on the operator's behalf.
Street works
9.-{1) The operator shall, for the statutory purposes, have the
1950 c. 39.
right to do any of the following things, that is to say(a) install telecommunication apparatus, or keep telecommunication apparatus installed, under, over, along or across a
street ;
(b) inspect, maintain, adjust, repair or alter any telecommunication apparatus so installed ; and
(c) execute any works requisite for or incidental to the purposes
of any works falling within paragraph (a) or (b) above,
including for those purposes the following kinds of works,
that is to say(i) breaking up or opening a street ;
(ii) tunnelling or boring under a street ; and
(iii) breaking up or opening a sewer, drain or tunnel ;
and accordingly (without prejudice to its application in relation to
works authorised by any other paragraph of this code) the street
works code contained in the Public Utilities Street Works Act 1950
has effect in relation to the right of the operator to do those things.
(2) This paragraph has effect subject to section 11(1) of this Act,
paragraph 3 above and the following provisions of this code, and
the rights conferred by this paragraph shall not be exercisable in a
street which is not a maintainable highway without either the agreement required by paragraph 2 above or an order of the court
under paragraph 5 above dispensing with the need for that agreement.
1980 c. 66.
1949 c 32.
S.I 1980/1085
(N.I. 11).
(3) The rights conferred by this paragraph shall not be exercisable
on any land comprised in the route of a special road (within the meaning of the Highways Act 1980, the Special Roads Act 1949 or the
Roads (Northern Ireland) Order 1980).
Power to fly lines
10.-(1) Subject to paragraph 3 above and the following provisions
of this code, where any telecommunication apparatus is kept installed
on or over any land for the purposes of the operator's system, the
operator shall, for the statutory purposes, have the right to install
and keep installed lines which(a)
pass over other land adjacent to or in the vicinity of the
land on or over which that apparatus is so kept ;
(b) are connected to that apparatus ; and
(c) are not at any point in the course of passing over the other
land less than 3 metres above the ground or within 2 metres
of any building over which they pass.