Telecommunications Act 1984
c. 12
notice to the corporation or authority of his intention
to remove the apparatus or that part of it, as the case
may be ;
(b) the operator of the system may by notice given in that
behalf to the corporation or authority not later than the
end of the said period of three months abandon the
telecommunication apparatus or any part of it ;
(c) subject to paragraph (b) above, the operator of the
system shall be deemed at the end of that period to
have abandoned any part of the apparatus which he has
then neither removed nor given notice of his intention
to remove ;
(d) the operator of the system shall be entitled to recover
from the corporation or authority the expense of providing, in substitution for the apparatus and any other
telecommunication apparatus connected with it which
is rendered useless in consequence of the removal or
abandonment of the first-mentioned apparatus, any
telecommunication apparatus in such other place as
the operator may require ;
(e) where under the foregoing provisions of this subsection the operator of the system has abandoned the
whole or any part of any telecommunication apparatus,
that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its
abandonment, to cease to be kept installed for the
purposes of a telecommunications code system.
(2) Where the Secretary of State makes an order under section
23 of this Act in relation to a right of way in circumstances in
which subsection (1) of this section applies in relation to the
operator of any telecommunications code system, the Secretary
of State shall send a copy of the order to the operator.".
(5) Where in any case a notice has been given before the appointed
day under section 23(2) of the said Act of 1968 (notice of proposal
to extinguish right of way) section 24 of that Act shall have effect
in relation to that case, notwithstanding any repeal made by this Act,
as it has effect immediately before the coming into force of subparagraph (4) above.
(6) In section 26 (extinguishment of rights of way and rights as to
apparatus of statutory undertakers), after subsection (7) there shall be
inserted the following subsection :
" (8) Except in a case in which section 24 above has effect
(a) the reference in paragraph (a) of subsection (2) above
to a right vested in or belonging to statutory undertakers
for the purpose of the carrying on of their undertaking
shall include a reference to a right conferred by or in
accordance with the telecommunications code on the
operator of a telecommunications code system ; and
(b) the reference in paragraph (b) of that subsection to
apparatus vested in or belonging to statutory undertakers
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F3
159
ScH. 4