Telecommunications Act 1984
c. 12
immediately before the date on which the order became operative
there was under, in, on, over, along or across the highway
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 highway subsisted shall
be entitled to require the alteration of the apparatus.
(2) Where any such order provides for the improvement of a
highway, other than a trunk road, and, immediately before the
date on which the order became operative, there was under,
in, on, over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the local 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 lI of the Public
Utilities Street Works Act 1950.
(3) Where an order to which this subsection applies is made,
and at the time of the publication of the notice required by
section 215(1) of or, as the case may be, paragraph 1 of Schedule
20 to this Act any telecommunication apparatus was kept
installed for the purposes of a telecommunications code system
under, in, on, over, along or across the land over which the
right of way subsisted(a) the power of the operator of the system to remove the
apparatus shall, notwithstanding the making of the
order, be exercisable at any time not later than the end
of the period of three months from the date on which
the right of way is extinguished or authorised to be
stopped up or diverted and shall be exercisable in
respect of the whole or any part of the apparatus after
the end of that period if before the end of that period
the operator of the system has given notice to the
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 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) of this subsection, the operator
of the system shall be deemed at the end of that period
to have abandoned any part of the apparatus which the
operator 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 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 abandon-
`163
Scu. 4
1950 c. 39.