Telecommunications Act 1984
c. 12
(b) shall award to the person requiring the payment of compensation such sum (if any) as the arbitrator may determine in respect of the loss or damage sustained by that
person in consequence of the carrying out of the emergency
works in question.
121
ScH. 2
(4) The arbitrator may treat compliance with any requirement
sub-paragraph (2)(a) to (c) or (3Xa) above as a
condition of his making an award.
made in pursuance of
(5) In determining what award to make on a reference under this
paragraph, the arbitrator shall have regard to all the circumstances
and to the principle that no person should unreasonably be denied
access to a telecommunication system.
(6) For the purposes of the making of an award under this para-
graph-
(a) the references in sub-paragraphs (2)(e) and (3)(b) above to
loss shall, in relation to a person carrying on a railway,
canal or tramway undertaking, include references to any
increase in the expenses of carrying on that undertaking ;
and
(b) the consideration mentioned in sub-paragraph (2)(e) above
shall be determined on the basis of what would have been
fair and reasonable if the person who objects to the works
had given his authority willingly for the works to be executed on the same terms and subject to the same conditions
(if any) as are contained in the award.
(7) In the application of this paragraph to Scotland, the reference
to an arbitrator shall have effect as a reference to an arbiter and the
arbiter may and, if so directed by the Court of Session, shall state
a case for the decision of that Court on any question of law arising
in the arbitration.
(8) In the application of this paragraph to Northern Ireland, the
Arbitration Act (Northern Ireland) 1937 shall apply in relation to an 1937 c. 8.
arbitration under this paragraph as if this code related exclusively to (N.I.).
matters in respect of which the Parliament of Northern Ireland had
power to make laws.
Alteration of apparatus crossing a linear obstacle
14.-(1) Without prejudice to the following provisions of this
code, the person with control of any relevant land may, on the
ground that any telecommunication apparatus kept installed on, under or over that land for the purposes of the operator's system interferes, or is likely to interfere, with(a) the carrying on of the railway, canal or tramway undertaking
carried on by that person, or
(b) anything done or to be done for the purposes of that undertaking,
give notice to the operator requiring him to alter that apparatus.
(2) The operator shall within a reasonable time and to the reasonable satisfaction of the person giving the notice comply with a notice