Telecommunications Act 1984
c. 12
(b) that the taking of those steps has not secured, or will not
for the operator as against that person any right
to keep the apparatus installed on, under or over the land
or, as the case may be, to re-install it if it is removed.
(7) Where any person is entitled to enforce the removal of any
apparatus under this paragraph (whether by virtue of sub-paragraph
(3) above or an order, of the court under sub-paragraph (6) above),
that person may, without prejudice to any method available to him
apart from this sub-paragraph for enforcing the removal of that
apparatus, apply to the court for authority to remove it himself ; and,
on such an application, the court may, if it thinks fit, give that
authority.
(8) Where any apparatus is removed by any person under an
authority given by the court under sub-paragraph (7) above, any
expenses incurred by him in or in connection with the removal of
the apparatus shall be recoverable by him from the operator in
any court of competent jurisdiction ; and in so giving an authority
to any person the court may also authorise him, in accordance with
the directions of the court, to sell any apparatus removed under
the authority and to retain the whole or a part of the proceeds of
sale on account of those expenses.
(9) Any telecommunication apparatus kept installed on, under or
over any land shall (except for the purposes of this paragraph and
without prejudice to paragraphs 6(3) and 7(3) above) be deemed, as
against any person who was at any time entitled to require the
removal of the apparatus, but by virtue of this paragraph not entitled
to enforce its removal, to have been lawfully so kept at that time.
(10) Where this paragraph applies (whether in pursuance of an
enactment amended by Schedule 4 to this Act or otherwise) in relation to telecommunication apparatus the alteration of which some
person (" the relevant person ") is entitled to require in consequence
of the stopping up, closure, change or diversion of any street or the
extinguishment or alteration of any public right of way(a) the removal of the apparatus shall constitute compliance
with a requirement to make any other alteration ;
(b) a counter-notice under sub-paragraph (3) above may state
(in addition to, or instead of, any of the matters mentioned
in sub-paragraph (4) above) that the operator requires the
relevant person to reimburse him in respect of any expenses
which he incurs in or in connection with the making of any
alteration in compliance with the requirements of the relevant person ;
(c) an order made under this paragraph on an application by
the relevant person in respect of a counter-notice containing such a statement shall, unless the court otherwise thinks
fit, require the relevant person to reimburse the operator
in respect of any expenses which he so incurs ; and
(d) sub-paragraph (8) above shall not apply.
secure,
(11) References in this paragraph to the operator's telecommunication apparatus include references to telecommunication apparatus
which (whether or not vested in the operator) is being, is to be or
has been used for the purposes of the operator's system.
E4
129
Scx.2