Telecommunications Act 1984
c. 12
Power to require alteration of apparatus
20.-(1) Where any telecommunication apparatus is kept installed
on, under or over any land for the purposes of the operator's
system, any person with an interest in that land or adjacent land
may (notwithstanding the terms of any agreement binding that
person) by notice given to the operator require the alteration of the
apparatus on the ground that the alteration is necessary to enable
that person to carry out a proposed improvement of the land in
which he has an interest.
(2) Where a notice is given under sub-paragraph (1) above by
any person to the operator, the operator shall comply with it unless
he gives a counter-notice under this sub-paragraph within the period
of 28 days beginning with the giving of the notice.
(3) Where a counter-notice is given under sub-paragraph (2) above
to any person, the operator shall make the required alteration only
if the court on an application by that person makes an order
requiring the alteration to be made.
(4) The court shall make an order under this paragraph for an
alteration to be made only if, having regard to all the circumstances
and the principle that no person should unreasonably be denied
access to a telecommunication system, it is satisfied(a) that the alteration is necessary as mentioned in sub-paragraph
(1) above ; and
(b) that the alteration will not substantially interfere with any
service provided by the operator's system.
(5) The court shall not make an order under this paragraph for
the alteration of any apparatus unless it is satisfied either(a) that the operator has all such rights as it appears to the
court appropriate that he should have for the purpose of
making the alteration, or
(b)
that-
(i) he would have all those rights if the court, on an
application under paragraph 5 above, dispensed with the
need for the agreement of any person, and
(ii) it would be appropriate for the court, on such an
application, to dispense with the need for that agreement ;
and, accordingly, for the purposes of dispensing with the need for the
agreement of any person to the alteration of any apparatus, the court
shall have the same powers as it would have if an application had been
duly made under paragraph 5 above for an order dispensing with
the need for that person's agreement.
(6) For the purposes of sub-paragraph (5) above, the court shall
have power on an application under this paragraph to give the
applicant directions for bringing the application to the notice of
such other interested persons as it thinks fit.
(7) An order under this paragraph may provide for the alteration
to be carried out with such modifications, on such terms and
subject to such conditions as the court thinks fit, but the court shall
not include any such modifications, terms or conditions in its order
without the consent of the applicant, and if such consent is not given
may refuse to make an order under this paragraph.
E3
127
Sca.2