Telecommunications Act 1984
c. 12
(9D) Paragraph 21 of the telecommunications code (restriction
on removal of telecommunication apparatus) shall apply in rela-
157
ScH. 4
tion 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.".
(2) In relation to an order under section 25 of the said Act of
1965 coming into force before the appointed day, paragraph 76(2)
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 Housing (Scotland) Act 1966
45. After section 57 of the Housing (Scotland) Act 1966, in Part
III of that Act (clearance), there shall be inserted the following sec-
1966 c. 49.
Lion:-
" Saving for
telecom-
apparatus.
apparatus.
57A. Paragraph 23 of the telecommunications code
(which provides a procedure for certain cases where works
involve the alteration of telecommunication apparatus)
shall apply to a local authority for the purposes of any
works which they are authorised to execute under this
Part of this Act.".
The Countryside (Scotland) Act 1967
11(5)(f) of the Countryside (Scotland) Act
46.-(1) In section
1967 (under which land covered by works used for the purposes of
a statutory undertaking is excepted land for the purposes of Part
II of that Act), after the words " statutory undertaking " there shall
be inserted the words " or a telecommunications code system ".
(2) In subsection (7) of section 38 of that Act (saving in respect of
telegraphic lines in the case of the closure or diversion of a public
path), for the words from " any telegraphic line " to the end of the
proviso there shall be substituted the words " 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 come into force ; but any person entitled to land over which the
path subsisted shall be entitled to require the alteration of the apparatus " ; and after that subsection there shall be inserted the following
subsections :
-
" (8) Paragraph 1(2) of the telecommunications code (altera.
tion 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.
(9) Paragraph 21 of the telecommunications code (restriction
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
F2
1967 c. 86.