Telecommunications Act 1984
c. 12
the Department or any person in whom the site of that road
is vested shall be entitled to require the alteration of the apparatus.
149
SCH. 4
(1B) 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
Department for the purposes of any work authorised to be
carried out under this Act.
(1C) Paragraph 1(2) of the telecommunications code (alteration
of apparatus to include moving, removal or replacement of
apparatus) shall apply for the purposes of subsection (IA) as it
applies for the purposes of that code.
(2) Paragraph 21 of the telecommunications code (restrictions
on removal of apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving
or replacement of any telecommunication apparatus as it applies
in relation to an entitlement to require the removal of any such
apparatus.".
The Special Roads Act 1949
26.-(1) For section 20 of the Special Roads Act
-
1949 c. 32.
1949 (saving for
British Telecommunications) there shall be substituted the following
section:
" 20.-(1) Subject to the provisions of this section, nothing
in this Act or in any scheme or order made under it affects
any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code
system or any duty of any such operator under that code or
applies to any telecommunication apparatus kept installed for the
purposes of any such system.
(2) Where in pursuance of an order under section 3 of this
Act any road is stopped up or diverted and immediately before
the order comes into force there is under, in, upon, over, along
or across the road any telecommunication apparatus kept installed for the purposes of a telecommunications code system,
the operator of that system shall have the same powers in
respect of the telecommunication apparatus as if the order had
not become operative ; but any person entitled to land over which
the road subsisted shall be entitled to require the alteration of
the apparatus.
(3) Where an order under the said section 3 provides for
the alteration of any road, not being a trunk road and, immediately before the date on which the order comes into force, there
is under, in, upon, over, along or across the road any telecommunication apparatus kept installed for the purposes of a
telecommunications code system, the highway authority shall be
entitled to require the alteration of the apparatus.
This subsection does not have effect so far as it relates to the
alteration of any telecommunication apparatus for the purpose
of authority's works as defined in Part II of the Public Utilities 1950 c.
Street Works Act 1950.
39.