Telecommunications Act 1984
c. 12
(10) In section 219 (extinguishment of rights of way and rights as
ScH. 4
to apparatus of statutory undertakers), after subsection (6) there shall
be inserted the following subsection :
" (7) In subsection (1) above(a) the references in paragraph (a) 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) to apparatus vested in or
belonging to statutory undertakers for the purpose of
the carrying on of their undertaking shall include a
reference to telecommunication apparatus kept installed
for the purposes of any such system ;
and for the purposes of this subsection, in this section (except,
without prejudice to section 35(4) of the Telecommunications
Act 1984, in those paragraphs and the words preceding them) and
in sections 220, 226(2) and 227 of this Act references to statutory
undertakers shall have effect as references to the operator of
any such system, references, in relation to such an operator, to
the carrying on of his undertaking shall have effect as references
to the running of the telecommunications code system in question
and references to the appropriate Minister shall have effect as
references to the Secretary of State for Trade and Industry." ;
but this sub-paragraph shall not affect the said section 219 as applied
by section 13 of the Opencast Coal Act 1958.
1958 c. 67.
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(11) In section 221 (notice given by statutory undertakers), after
subsection (6) there shall be inserted the following subsection:" (7) In subsection (1)(a) above the reference to apparatus
vested in or belonging to statutory undertakers shall include a
reference to telecommunication apparatus kept installed for the
purposes of a telecommunications code system ; and, for the purposes of this subsection, in this section references (except in the
said subsection (1)(a)) to statutory undertakers shall have effect
as references to the operator of any such system and references
to the appropriate Minister shall have effect as references to
the Secretary of State for Trade and Industry.".
(12) The references to section 209 of the said Act of 1972 in Part
XI of Schedule 22 to that Act (transitional provisions relating to
highways) shall have effect as references to that section as it has
effect for the purposes of that Part immediately before the coming
into force of sub-paragraph (8) above.
(13) In paragraph 70 of Schedule 22 (saving for powers of British
Telecommunications), for the words from " powers " onwards there
shall be substituted the words " rights conferred by or in accordance
with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that
code or apply to any telecommunication apparatus kept installed for
the purposes of any such system.".
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