Telecommunications Act 1984
c. 12
128
SCH. 2
(8) An order made under this paragraph on the application of any
person shall, unless the court otherwise thinks fit, require that person to reimburse the operator in respect of any expenses which the
operator incurs in or in connection with the execution of any works
in compliance with the order.
(9) In sub-paragraph (1) above
ment and change of use.
"
improvement " includes develop-
Restriction on right to require the removal of apparatus
21.-(1) Where any person is for the time being entitled to require
the removal of any of the operator's telecommunication apparatus
from any land (whether under any enactment or because that apparatus is kept on, under or over that land otherwise than in pursuance
of a right binding that person or for any other reason) that person
shall not be entitled to enforce the removal of the apparatus except,
subject to sub-paragraph (12) below, in accordance with the following provisions of this paragraph.
(2) The person entitled to require the removal of any of the
operator's telecommunication apparatus shall give a notice to the
operator requiring the removal of the apparatus.
(3) Where a person gives a notice under sub-paragraph (2) above
and the operator does not give that person a counter-notice within
the period of 28 days beginning with the giving of the notice, that
person shall be entitled to enforce the removal of the apparatus.
(4) A counter-notice given under sub-paragraph (3) above to any
person by the operator shall do one or both of the following, that
is to
say-
(a) state that that person is not entitled to require the removal
of the apparatus ;
(b) specify the steps which the operator proposes to take for
the purpose of securing a right as against that person to
keep the apparatus on the land.
(5) Those steps may include any steps which the operator could
take for the purpose of enabling him, if the apparatus is removed,
to re-install the apparatus ; and the fact that by reason of the
following provisions of this paragraph any proposed re-installation
is only hypothetical shall not prevent the operator from taking
those steps or any court or person from exercising any function in
consequence of those steps having been taken.
(6) Where a counter-notice is given under sub-paragraph (3) above
to any person, that person may only enforce the removal of the
apparatus in pursuance of an order of the court ; and, where the
counter-notice specifies steps which the operator is proposing to
take to secure a right to keep the apparatus on the land, the court
shall not make such an order unless it is satisfied(a) that the operator is not intending to take those steps or is
being unreasonably dilatory in the taking of those steps ;
or