Telecommunications Act 1984
c. 12
installed for the purposes of a telecommunications code
system, the operator of that system shall have the same
powers in respect of that apparatus as if the order had
not come into operation ; but any person entitled to land
over which the right of way subsisted shall be entitled to
require the alteration of the apparatus.
(3) The proviso to subsection (3) of the said section 64
shall have effect in relation to any right conferred by or
in accordance with the telecommunications code on the
operator of a telecommunications code system, and to
telecommunication apparatus kept installed for the purposes of any such system, as it has effect in relation to
rights vested in and apparatus belonging to statutory
undertakers.
(4) Paragraph 1(2) of the telecommunications code
(alteration of apparatus to include moving, removal or
replacement of apparatus) shall apply for the purposes of
the preceding provisions of this section as it applies for
the purposes of that code.
(5) Paragraph 21 of the telecommunications code (restriction on removal of telecommunication 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.".
153
SCH. 4
(2) In relation to any order under section 64 of the said Act of
1957 coming into force before the appointed day, paragraph 33 of
Schedule 3 to the 1981 Act (which made provision corresponding to
sub-paragraph (1) above in relation to British Telecommunications)
shall have effect, notwithstanding any repeal made by this Act, as it
has effect immediately before the coming into force of sub-paragraph
(1) above.
The Land Drainage (Scotland) Act 1958
17 of the Land Drainage (Scotland) Act 1958
(which applies section 7 of the Telegraph Act 1878 to works under
an improvement order) there shall be substituted the following
section :
36.-(1) For section
-
" 17. 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
authorised persons under an improvement order for the purposes of works in pursuance of that order.".
(2) In the proviso to paragraph 3 of Schedule 2 to that Act (temporary works not to interfere with telegraphic lines etc.), for the
words from " telegraphic line " onwards there shall be substituted
the words " telecommunication apparatus kept installed for the
purposes of a telecommunications code system or with the service
provided by any such system.".
1958 c. 24.
1878 c. 76.