Telecommunications Act 1984
c. 12
(b) so have effect, to any extent that is necessary for ensuring
that the same persons are bound under this code as were
bound by the consent, as if it were an agreement to confer
a right or, as the case may require, to bind any interest
in land of the person who gave (or is deemed to have given)
the consent.
(4) Where by virtue of sub-paragraph (3) above any person is
bound by any right, that right shall not be exercisable except on
the same terms and subject to the same conditions as the right which,
by virtue of the giving of the consent, was exercisable before this
code comes into force; and where under any enactment repealed by
this Act those terms or conditions included a requirement for the
payment of compensation or required the determination of any
matter by any court or person, the amount of the compensation or,
as the case may be, that matter shall be determined after the coming
into force of this code in like manner as if this Act had not been
passed.
(5) A person shall not be entitled to compensation under any provision of this code if he is entitled to compensation in respect of the
same matter by virtue of sub-paragraph (4) above.
(6) Neither this code nor the repeal by this Act of any provision of
the Telegraph Acts 1863 to 1916 (which contain provisions confirming or continuing in force certain agreements) shall prejudice any
rights or liabilities (including any rights or liabilities transferred by
virtue of section 60 of this Act) which arise at any time under any
agreement which was entered into before this code comes into force
and relates to the installation, maintenance, adjustment, repair,
alteration or inspection of any telecommunication apparatus or to
keeping any such apparatus installed on, under or over any land.
(7) Any person who before the coming into force of this code
has-
(a) given a notice (" the Telegraph Acts notice ") under or for
the purposes of any provision of the Telegraph Acts 1863
to 1916 to any person, or
(b) made an application under or for the purposes of any such
provision (including, in particular, an application for any
matter to be referred to any court or person),
may give a notice to the person to whom the Telegraph Acts notice
was given or, as the case may be, to every person who is or may
be a party to the proceedings resulting from the application stating
that a specified step required to be taken under or for the purposes
of this code, being a step equivalent to the giving of the Telegraph
Acts notice or the making of the application, and any steps required to be so taken before the taking of that step should be treated
as having been so taken.
(8) A notice may be given under sub-paragraph (7) above with
respect to an application notwithstanding that proceedings resulting
from the application have been commenced.
(9) Where a notice has been given to any person under subparagraph (7) above, that person may apply to the court for an
order setting aside the notice on the ground that it is unreasonable
135
Scx. 2