134
Scx.2
Telecommunications Act 1984
c. 12
(d) in the case of land belonging to Her Majesty in right of
Her Majesty's Government in Northern Ireland, the
Northern Ireland department having the management of
the land in question ;
(e) in the case of land belonging to a government department
or a Northern Ireland department or held in trust for
Her Majesty for the purposes of a government department
or a Northern Ireland department, that department ;
and if any question arises as to what authority is the appropriate
authority in relation to any land that question shall be referred
to the Treasury, whose decision shall be final.
(4) Paragraphs 12(9) and 18(3) above shall not apply where this
code has effect by virtue of section 10(1)(b) of this Act.
Savings
for and exclusion of certain remedies etc.
27.-(1) Except in so far as provision is otherwise made by virtue
of section 109(2) or (3) of or Schedule 4 to this Act, this code shall
not authorise the contravention of any provision made by or under
any enactment passed before this Act.
(2) The provisions of this code, except paragraphs 8(5) and 21
and sub-paragraph (1) above, shall be without prejudice to any rights
or liabilities arising under any agreement to which the operator
is a party.
(3) Except as provided under the preceding provisions of this code,
the operator shall not be liable to compensate any person for, or be
subject to any other liability in respect of, any loss or damage caused
by the lawful exercise of any right conferred by or in accordance
with this code.
(4) The ownership of any property shall not be affected by the
fact that it is installed on or under, or affixed to, any land by any
person in exercise of a right conferred by or in accordance with
this code.
Application of code to existing systems
28.-(1) Subject to the following provisions of this paragraph,
references in this code to telecommunication apparatus installed on,
under or over any land include references to telecommunication
apparatus so installed before this code comes into force.
(2) Without prejudice to sub-paragraph (1) above, any line or
other apparatus lawfully installed before this code comes into force
which if this code had come into force could have been installed
under paragraph 12 of this code shall (subject to sub-paragraph (6)
below) be treated for the purposes of this code as if it had been so
installed.
(3) Any consent given (or deemed to have been given) for the
purposes of any provision of the Telegraph Acts 1863 to 1916
before this code comes into force shall(a) have effect after this code comes into force
given for the purposes of this code, and
as an
agreement