Telecommunications Act 1984

(b) to enter

on that land

119

c. 12

to inspect the line or the other ap-

paratus.

(2) A line installed in pursuance of any right conferred by this
paragraph need not cross the relevant land in question by a direct
route or by the shortest route from the point at which the line enters
that land, but it shall not cross that land by any route which, in
the horizontal plane, exceeds the said shortest route by more than
400 metres.
(3) Telecommunication apparatus shall not be installed in pursuance of any right conferred by this paragraph in any position on the
relevant land in which it interferes with traffic on the railway, canal
or tramway on that land.
(4) The operator shall not execute any works on any land in
pursuance of any right conferred by this paragraph unless(a) he has given the person with control of the land 28 days'
notice of his intention to do so ; or
(b) the works are emergency works.

(5) A notice under sub-paragraph (4) above shall contain a plan
and section of the proposed works or (in lieu of a plan and section)
any description of the proposed works (whether or not in the form
of a diagram) which the person with control of the land has agreed
to accept for the purposes of this sub-paragraph.
(6) If, at any time before a notice under sub-paragraph (4) above
expires, the person with control of the land gives the operator notice
of objection to the works, the operator shall be entitled to execute
the works only(a) if, within the period of 28 days beginning with the giving
of the notice of objection, neither the operator nor that
person has given notice to the other requiring him to agree
to an arbitrator to whom the objection may be referred
under paragraph 13 below ; or
(b) in accordance with an award made on such a reference ; or
(c) to the extent that the works have at any time become emergency works.
(7) If the operator exercises any power conferred by this paragraph to execute emergency works on any land, he shall, as soon
as reasonably practicable after commencing those works, give the
person with control of the land a notice identifying the works and
containing(a) a statement of the reason why the works are emergency

works ; and
(b) either the matters which would be required to be contained
in a notice under sub-paragraph (4) above with respect to
those works or, as the case may require, a reference to an
earlier notice under that sub-paragraph with respect to

those works.
(8) If within the period of 28 days beginning with the giving of a
notice under sub-paragraph (7) above the person to whom that notice
was given gives a notice to the operator requiring him to pay compensation, the operator shall be liable to pay that person compensation in respect of loss or damage sustained in consequence of the

SCH. 2

Select target paragraph3