c. 12
122
ScH. 2
Telecommunications Act 1984
under sub-paragraph (1) above unless before the expiration of the
period of 28 days beginning with the giving of the notice he gives
a counter-notice to the person with control of the land in question
specifying the respects in which he is not prepared to comply with
the original notice.
(3) Where a counter-notice has been given under sub-paragraph (2)
above the operator shall not be required to comply with the original
notice but the person with control of the relevant land may apply
to the court for an order requiring the alteration of any telecommunication apparatus to which the notice relates.
(4) The court shall not make an order under this paragraph unless
is necessary on one of the grounds mentioned in sub-paragraph (1) above and in determining whether to make
such an order the court shall also have regard to all the circumstances and to the principle that no person should unreasonably be
denied access to a telecommunication system.
it is satisfied that the order
(5) An order under this paragraph may take such form and be on
such terms as the court thinks fit and may impose such conditions
and may contain such directions to the operator or the person with
control of the land in question as the court thinks necessary for
resolving any difference between the operator and that person and
for protecting their respective interests.
(6) In this paragraph references to relevant land and to the person
with control of such land have the same meaning as in paragraph
12 above.
Use of certain conduits
15.-(l) Nothing in the preceding
provisions of this code shall
authorise the doing of anything inside a relevant conduit without
the agreement of the authority with control of that conduit.
(2) The agreement of the authority with control of a public sewer
shall be sufficient in all cases to confer a right falling within any of
the preceding provisions of this code where the right is to be exercised
wholly inside that sewer.
(3) In this paragraph(a) " relevant conduit " and " public sewer " have the same meanings as in section 98 of this Act ; and
(b) a reference to the authority with control of a relevant conduit
shall be construed in accordance with subsections (7) and (8)
of that section.
1965 c. 56.
Compensation for injurious affection to neighbouring land etc.
16.-(1) Where a right conferred by or in accordance with any
of the preceding provisions of this code is exercised, compensation
shall be payable by the operator under section 10 of the Compulsory
Purchase Act 1965 (compensation for injurious affection to neighbouring land etc.) as if that section had effect in relation to injury
caused by the exercise of such a right as it has effect in relation to
injury caused by the execution of works on land that has been
compulsorily purchased.