Telecommunications Act 1984
c. 12
168
(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 ;
Scn. 4
(d) the operator of the system shall be entitled to recover
from the authority which made the order 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 ;
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 authority which made the order and shall be deemed, with
its abandonment, to cease to be kept installed for the
(e) where under the preceding provisions
purposes of a telecommunications code system.
(4) As soon as reasonably practicable after the making of any
such order as is mentioned in subsection (3) above in circumstances in which that subsection applies in relation to the operator
of any telecommunications code system, the authority which
made the order shall give notice to the operator of the making
of the order.
(5) 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.
(6) 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.".
(9)
In relation
to-
(a) any order under section 198, 198A, 200 or 201 of the said
Act of 1972 which became operative before the appointed
day, and
(b) any case where a notice under section 206(4) of, and
Schedule 18 to, that Act was published in respect of a proposed order under section 203(1)(b) or 199 of that Act
before the appointed day,
section 209 of that Act shall have effect, notwithstanding any repeal
made by this Act, as it has effect immediately before the coming
into force of sub-paragraph (8) above.