c. 12
124
ScH. 2
Telecommunications Act 1984
(3) No notice of objection may be given in respect of any apparatus if the apparatus(a) replaces any telecommunication apparatus which is not substantially different from the new apparatus ; and
(b) is not in a significantly different position.
(4) Where a person has both given a notice under this paragraph
and applied for compensation under any of the preceding provisions
of this code, the court(a) may give such directions as it thinks fit for ensuring that
no compensation is paid until any proceedings under this
paragraph have been disposed of, and
(b) if the court makes an order under this paragraph, may
provide in that order for some or all of the compensation
otherwise payable under this code to that person not to be
so payable, or, if the case so requires, for some or all of
any compensation paid under this code to that person to be
repaid to the operator.
(5) At any time after the expiration of the period of 2 months
beginning with the giving of a notice of objection but before the
expiration of the period of 4 months beginning with the giving
of that notice, the person who gave the notice may apply to the
court to have the objection upheld.
(6) Subject to sub-paragraph (7) below, the court shall uphold the
objection if the apparatus appears materially to prejudice the applicant's enjoyment of, or interest in, the land in right of which the
objection is made and the court is not satisfied that the only possible alterations of the apparatus will(a) substantially increase the cost or diminish the quality of the
service provided by the operator's system to persons who
have, or may in future have, access to it, or
(b) involve the operator in substantial additional expenditure
(disregarding any expenditure occasioned solely by the fact
that any proposed alteration was not adopted originally
or, as the case may be, that the apparatus has been unnecessarily installed), or
(c) give to any person a case at least as good as the applicant
has to have an objection under this paragraph upheld.
(7) The court shall not uphold the objection if the applicant is
bound by a right of the operator falling within paragraph 2 or 3(1)
above to install the apparatus and it appears to the court unreasonable, having regard to the fact that the applicant is so bound and
the circumstances in which he became so bound, for the applicant
to have given notice of objection.
(8) In considering the matters specified in sub-paragraph (6) above
the court shall have regard to all the circumstances and to the
principle that no person should unreasonably be denied access to
a telecommunication system.
If it upholds
order-
(9)
by
an objection under this paragraph the court may