Telecommunications Act 1984
c. 12
(2) Sub-paragraph (1) above shall not confer any entitlement to
compensation on any person in respect of the exercise of a right
conferred in accordance with paragraph 2 or 3 above, if that person
conferred the right or is bound by it by virtue of paragraph 2(2)(b)
123
SCH.2
or (d) above, but, save as aforesaid, the entitlement of any person
to compensation under this paragraph shall be determined irrespective of his ownership of any interest in the land where the right is
exercised.
(3) Compensation shall not be payable on any claim for compensation under this paragraph unless the amount of the compensation exceeds £50.
(4) In the application of this paragraph to Scotland(a) for any reference in sub-paragraph (1) to section 10 of
the Compulsory Purchase Act 1965 there is substituted 1965 c. 56.
a reference to section 6 of the Railway Clauses Consoli- 1845 c. 33.
dation (Scotland) Act 1845 ;
(b) for the reference in that sub-paragraph to land that has
been compulsorily purchased there is substituted a refer-
ence to land that has been taken or used for the purpose
of a railway ;
(c) any question as to a person's entitlement to compensation
by virtue of that sub-paragraph, or as to the amount of
that compensation, shall, in default of agreement, be determined by the Lands Tribunal for Scotland.
(5) In the application of this paragraph to Northern Ireland(a) for any reference in sub-paragraph (1) to section 10 of the
Compulsory Purchase Act 1965 there is substituted a reference to Article 18 of the Land Compensation (Northern S.I. 19821/lb
(NJ. 9).
Ireland) Order 1982 ;
(b) any question as to a person's entitlement to compensation
by virtue of sub-paragraph (1) above, or as to the amount
of that compensation, shall, in default of agreement, be
determined by the Lands Tribunal for Northern Ireland.
Objections to overhead apparatus
17.-(1) This paragraph applies where the operator has completed
the installation for the purposes of the operator's system of any telecommunication apparatus the whole or part of which is at a height
of
3
(2)
metres or more above the ground.
At any time before the expiration of the period of
3
months
beginning with the completion of the installation of the apparatus
a person who is the occupier of or owns an interest in(a) any land over or on which the apparatus has been installed,
or
(b) any land the enjoyment of which, or any interest in which,
is, because of the nearness of the land to the land on or over
which the apparatus has been installed, capable of being
prejudiced by the apparatus,
may give the operator notice of objection in respect of that apparatus.
E