Telecommunications Act 1984
c. 12
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(8) For section 209 (provision as to telegraphic lines) there shall
be substituted the following section :
" 209.-(1) Where in pursuance of an order under section
198, 198A, 200 or 201 of this Act a highway is stopped up,
diverted or changed 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 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.
167
Scat. 4
(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 II of the Public 1950 c.
Utilities Street Works Act 1950.
(3) Where an order under section 199 of this Act authorising
the stopping up or diversion of any footpath or bridle-way is
made by a planning authority or an order under section 203(lXb)
of this Act extinguishing a public right of way is made by a
planning authority and at the time of the publication of the
notice required by section 206(4) of, and Schedule 18 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 sub-
sisted-
(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
footpath or bridle-way is stopped up or diverted or,
as the case may be, the right of way is extinguished 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 which made
the order 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 which made the order not
later than the end of the said period of three months
abandon the telecommunication apparatus or any part
of it:
39.