Telecommunications Act 1984
c. 12
(2) Nothing in sub-paragraph (1) above shall authorise the installation or keeping on or over any land of(a) any telecommunication apparatus used to support, carry or
suspend a line installed in pursuance of that sub-paragraph ;
or
(b) any line which by reason of its position interferes with the
carrying on of any business (within the meaning of section 6
of this Act) carried on on that land.
Tidal waters etc.
11.- (1) Subject to paragraph 3 above and the following provisions
of this code, the operator shall have the right for the statutory
purposes-(a) to execute any works (including placing any buoy or seamark) on any tidal water or lands for or in connection
with the installation, maintenance, adjustment, repair or
alteration of telecommunication apparatus ;
(b) to keep telecommunication apparatus installed on, under
or over tidal water or lands ; and
(c) to enter any tidal water or lands to inspect any telecommunication apparatus so installed.
(2) A right conferred by this paragraph shall not be exercised in
relation to any land in which a Crown interest, within the meaning
of paragraph 26 below, subsists unless agreement to the exercise of
the right in relation to that land has been given, in accordance with
sub-paragraph (3) of that paragraph, in respect of that interest.
(3) Before executing any works in exercise of a right conferred by
this paragraph the operator (not being the Secretary of State) shall
submit a plan of the proposed works to the Secretary of State for
the Secretary of State's approval.
(4) Sub-paragraph (3) above shall not apply to the execution of
any emergency works, but as soon as practicable after commencing
any emergency works on any tidal water or lands the operator (not
being the Secretary of State) shall submit a plan of those works
to the Secretary of State for the Secretary of State's approval.
(5) As soon as reasonably practicable after a plan is submitted
to him under sub-paragraph (3) or (4) above the Secretary of State
shall, after consulting such authorities exercising functions in relation
to the tidal water or lands in question as it appears to him appropriate to consult, consider whether to approve it ; and, if he does
approve it, he may do so subject to such modifications and conditions and on such terms as he thinks fit.
(6) The Secretary of State shall not approve a plan submitted to
him under sub-paragraph (3) or (4) above unless he is satisfied that
adequate arrangements have been made for compensating any persons appearing to him to be owners of interests in the tidal water
or lands in question for any loss or damage sustained by those
persons in consequence of the execution of the works to which the
plan relates.
117
Scx. 2