Telecommunications Act 1984
c. 12
130
Sca.2
(12) A person shall not, under this paragraph, be entitled to
enforce the removal of any apparatus on the ground only that he is
entitled to give a notice under paragraph 11, 14, 17 or 20 above ;
and this paragraph is without prejudice to paragraph 23 below and to
the power to enforce an order of the court under the said paragraph
11, 14, 17
or 20.
Abandonment of apparatus
22. Without prejudice to the preceding provisions of this code,
where the operator has a right conferred by or in accordance with
this code for the statutory purposes to keep telecommunication
apparatus installed on, under or over any land, he is not entitled
to keep that apparatus so installed if, at a time when the apparatus
is not, or is no longer, used for the purposes of the operator's system,
there is no reasonable likelihood that it will be so used.
Undertaker's works
23.-(1) The following provisions of this paragraph apply where a
relevant undertaker is proposing to execute any undertaker's works
which involve or are likely to involve a temporary or permanent
alteration of any telecommunication apparatus kept installed on,
under or over any land for the purposes of the operator's system.
(2) The relevant undertaker shall, not less than 10 days before the
works are commenced, give the operator a notice specifying the
nature of the undertaker's works, the alteration or likely alteration
involved and the time and place at which the works will be commenced.
(3) Sub-paragraph (2) above shall not apply in relation to any
emergency works of which the relevant undertaker gives the operator
notice as soon as practicable after commencing the works.
(4) Where a notice has been given under sub-paragraph (2) above
by a relevant undertaker to the operator, the operator may within
the period of 10 days beginning with the giving of the notice give the
relevant undertaker a counter-notice which may state either(a) that the operator intends himself to make any alteration made
necessary or expedient by the proposed undertaker's works ;
or
(b) that he requires the undertaker in making any such alteration
to do so under the supervision and to the satisfaction of
the operator.
(5) Where a counter-notice given under sub-paragraph (4) above
states that the operator intends himself to make any alteration-
(a) the operator shall (subject to sub-paragraph (7) below) have
the right, instead of the relevant undertaker, to execute
any works for the purpose of making that alteration ; and
(b) any expenses incurred by the operator in' or in connection
with the execution of those works and the amount of any
loss or damage sustained by the operator in consequence
of the alteration shall be recoverable by the operator from
the undertaker in any court of competent jurisdiction.