Telecommunications Act 1984
c. 12
(6) Where a counter-notice given under sub-paragraph (4) above
states that any alteration is to be made under the supervision and to
the satisfaction of the operator(a) the relevant undertaker shall not make the alteration except
as required by the notice or under sub-paragraph (7) below ;
and
(b) any expenses incurred by the operator in or in connection
with the provision of that supervision 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.
(7)
Where-
counter-notice is given under sub-paragraph (4) above, or
(b) the operator, having given a counter-notice falling within
that sub-paragraph, fails within a reasonable time to make
any alteration made necessary or expedient by the proposed
undertaker's works or, as the case may be, unreasonably
fails to provide the required supervision,
the relevant undertaker may himself execute works for the purpose
of making the alteration or, as the case may be, may execute such
works without the supervision of the operator ; but in either case
the undertaker shall execute the works to the satisfaction of the
(a) no
operator.
(8)
If the relevant undertaker or any of his agents-(a) executes any works without the notice required by subparagraph (2) above having been given, or
(b) unreasonably fails to comply with any reasonable require-
ment of the operator under this paragraph,
he shall, subject to sub-paragraph (9) below, be guilty of an offence
and liable on summary conviction to a fine which(i) if the service provided by the operator's system is interrupted
by the works or failure, shall not exceed level 4 on the
standard scale ; and
(ii) if that service is not so interrupted, shall not exceed level
3 on the standard scale.
(9) Sub-paragraph (8) above does not apply to a Northern Ireland department.
(10)
In this paragraphrelevant undertaker " means(a) any person (including a local authority) authorised
by any Act (whether public general or local) or by any
order or scheme made under or confirmed by any Act
to carry on(i) any railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour,
pier or lighthouse undertaking ;
(ii) any undertaking for the supply of gas or electricity ; or
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Scn. 2