c. 12
126
Sea. 2
Telecommunications Act 1984
(3) If the operator contravenes the requirements of this paragraph
he shall be guilty of an offence and liable on summary conviction
to a fine not exceeding level 2 on the standard scale.
(4) In any proceedings for an offence under this paragraph it shall
be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the
offence.
Tree lopping
19.--(1) Where any tree overhangs any street and, in doing so,
either-
(a) obstructs or interferes with the working of any telecom-
munication apparatus used for the purposes of the operator's system, or
(b) will obstruct or interfere with the working of any telecommunication apparatus which is about to be installed for
those purposes.
the operator may by notice to the occupier of the land on which the
tree is growing require the tree to be lopped so as to prevent the
obstruction or interference.
(2) If within the period of 28 days beginning with the giving of
the notice by the operator, the occupier of the land on which the
tree is growing gives! the operator a counter-notice objecting to
the lopping of the tree, the notice shall have effect only if confirmed
by an order of the court.
(3) If at any time a notice under sub-paragraph (1) above has
not been complied with and either(a) a period of 28 days beginning with the giving of the notice
has expired without a counter-notice having been given, or
(b) an order of the court confirming the notice has come into
force,
the operator may himself cause the tree to be lopped as mentioned
in sub-paragraph (1) above.
(4) Where the operator lops a tree in exercise of the power conferred by sub-paragraph (3) above he shall do so in a husband-like
manner and in such a way as to cause the minimum damage to the
tree.
(5) Where(a) a notice under sub-paragraph (1) above is complied with
either without a counter-notice having been given or after
the notice has been confirmed, or
(b) the operator exercises the power conferred by sub-paragraph
(3) above,
the court shall, on an application made by a person who has sustained loss or damage in consequence of the lopping of the tree or
who has incurred expenses in complying with the notice, order the
operator to pay that person such compensation in respect of the loss,
damage or expenses as it thinks fit.