Telecommunications Act 1984

c. 12

system in question specifying the course and nature of the
work, including the gauge of any electric lines.
The undertakers and their agents shall conform with such
reasonable requirements, either general or special, as may from
time to time be made by the operator of any telecommunications code system for the purpose of preventing any telecommunication apparatus kept installed for the purposes. of that
system from being injuriously affected by any work done within
ten yards of that apparatus.
Any difference which arises between the operator of a telecommunications code system and the undertakers or their agents
with respect to any of the requirements of the preceding pro
visions of this section shall be determined by arbitration.".
(3) For the words " telegraphic communication ", in the first place
where they occur, there shall be substituted the words " service provided by the telecommunications code system in question ".
(4) For the words from " forthwith " to " done " there shall be
substituted the words " forthwith served on the operator of the
telecommunications code system in question ".
(5) For the words from " For the purposes of this section a telegraphic line" onwards there shall be substituted the following :
" For the purposes of this section telecommunication apparatus
shall be deemed to be injuriously affected where the service provided by the telecommunication system for the purposes of which
that apparatus is used is in any manner affected.
Paragraph 23 of the telecommunications code (which provides
a procedure for certain cases where works involve the alteration
of telecommunication apparatus) shall apply to the undertakers
for the purposes of any works authorised by this Act.
Paragraph 1(2) of the telecommunications code (alteration of
apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of this section as it applies for
the purposes of that code.
The preceding provisions of this section shall not apply it
relation to any telecommunication apparatus which is kept installed in a conduit or structure falling within subsection (6)(a)
of section 98 of the Telecommunications Act 1984 (by virtue
of which telecommunication apparatus may be installed in electricity conduits etc.).".

141

Scu.4

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The Military Tramways Act 1887
7. In section 6 of the Military Tramways Act 1887 (which requires

the insertion, in certain cases, in a provisional order made under that
Act of provisions for the protection of telegraphs), for the words
from " the telegraphs " to the end of the second paragraph there shall
be substituted the words " any telecommunication apparatus kept installed for the purposes of a telecommunications code system or the
service provided by any such system " ; and references, in any provisional order made under that section, to the telegraphs of British
Telecommunications shall have effect with corresponding amendments.

1887 c. 65.

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