120
c. 12
SCH. 2
Telecommunications Act 1984
carrying out of the emergency works in question ; and any question
as to the amount of that compensation shall, in default of agreement, be referred to arbitration under paragraph 13 below.
(9) If the operator commences the execution of any works in contravention of any provision of this paragraph, he shall be guilty of
an offence and liable on summary conviction to a fine not exceeding
level 3 on the standard scale.
(10) In this paragraph " relevant land " means land which is used
wholly or mainly either as a railway, canal or tramway or in connect
tion with a railway, canal or tramway on that land, and a reference to
the person with control of any such land is a reference to the person
carrying on the railway, canal or tramway undertaking in question.
Arbitration in relation to linear obstacles
13.-(1) Any objection or question which, in accordance with
paragraph 12 above, is referred to arbitration under this paragraph
shall be referred to the arbitration of a single arbitrator appointed
by agreement between the parties concerned or, in default of agreement, by the President of the Institution of Civil Engineers.
(2) Where an objection under paragraph 12 above is referred to
arbitration under this paragraph the arbitrator shall have the power(a) to require the operator to submit to the arbitrator a plan
and section in such form as the arbitrator may think
requisite for the purposes of the arbitration ;
(b) to require the observations on any such plan or section of
the person who objects to the works to be submitted to
the arbitrator in such form as the arbitrator may think
requisite for those purposes ;
(c) to direct the operator or that person to furnish him with such
information and to comply with such other requirements
as the arbitrator may think requisite for those purposes ;
(d) to make an award requiring modifications to the proposed
works and specifying the terms on which and the conditions
subject to which the works may be executed ; and
(e) to award such sum as the arbitrator may determine in
respect of one or both of the following matters, that is to
say-
(i) compensation to the person who objects to the works
in respect of loss or damage sustained by that person in
consequence of the carrying out of the works, and
(ii) consideration payable to that person for the right
to carry out the works.
(3) Where a question as to compensation in respect of emergency
works is referred to arbitration under this paragraph, the arbitrator(a) shall have the power to direct the operator or the person
who requires the payment of compensation to furnish him
with such information and to comply with such other requirements as the arbitrator may think requisite for the
purposes of the arbitration ; and