118
Telecommunications Act 1984
c. 12
ScH. 2
If-
(7)
(a) the operator (not being the Secretary of State) executes any
works in exercise of a right conferred by this paragraph,
but
(b) those works are executed otherwise than in accordance with
a plan approved by the Secretary of State (including, in the
case of emergency works, where works already commenced
are not approved) or a condition on which any approval of
the Secretary of State is given is or has been contravened,
the Secretary of State may by notice require the operator to execute
such remedial works as the Secretary of State thinks appropriate
having regard to the terms and conditions of any approval that he has
given and, if those works are not executed in accordance with the
notice, may execute them himself at the operator's expense.
(8) Where, as the result(a) of the failure of the operator (not being the Secretary of
State) reasonably to maintain any telecommunication apparatus kept installed for the purposes of the operator's system
on, under or over any tidal water or lands, or
(b) of the abandonment by the operator of any such apparatus,
it appears to the Secretary of State that any remedial works should
be executed, he may by notice require the operator to execute those
works and, if those works are not executed in accordance with the
notice, may execute them himself at the operator's expense.
(9) The Secretary of State shall have power for the purposes of
exercising his functions (other than as the operator) under this
paragraph, and of determining whether to exercise those functions,
to cause a survey or examination to be carried out, at the operator's
expense, of any works or apparatus or of the site or proposed site
of any works or apparatus.
(10) Where the Secretary of State is authorised by this paragraph
to do any thing at the operator's expense, the expenses incurred
by the Secretary of State in or in connection with the doing of that
thing shall be recoverable by the Secretary of State from the operator
in any court of competent jurisdiction.
(11) In this paragraph" remedial works " includes any works of repair or restoration,
the alteration of any apparatus and any works to restore
the site of any apparatus to its original condition ;
" tidal water or lands " includes any estuary or branch of the
sea, the shore below mean high water springs and the
bed
of any tidal water.
Linear obstacles
12.-(1) Subject to the following provisions of this code, the
operator shall, for the statutory purposes, have the right in order to
cross any relevant land with a line, to install and keep the line and
other telecommunication apparatus on, under or over that land and(a) to execute any works on that land for or in connection with
the installation, maintenance, adjustment, repair or alteration of that line or the other telecommunication apparatus ;
and