170
Sex. 4
S.I. 1972/1072
(N.I.9).
c. 12
Telecommunications Act 1984
The Electricity Supply (Northern Ireland) Order 1972
55.--(l) The Electricity Supply (Northern Ireland) Order 1972 shall
be amended in accordance with the following provisions of this paragraph.
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(2) In Article 2 (interpretation), after paragraph (3) there shall be
inserted the following paragraph :
" (3A) For the purposes of this Order telecommunication
apparatus shall be deemed to be injuriously affected where the
service provided by the telecommunication system for the purposes of which that apparatus is used is in any manner affected.".
(3) In Article 32 (restrictions as to lines and other works)-(a) in sub-paragraph (b) of paragraph (1), for the words from
" telegraphic line " onwards there shall be substituted the
words " telecommunication apparatus kept installed for the
purposes of a telecommunications code system " ;
(b) in the words before sub-paragraph (i) of that paragraph, for
the words from " or " to " order " there shall be substituted
the words "or, as the case may be, the operator of that
system may by order " ;
(c) for paragraph (3) there shall be substituted the following
paragraph:
" (3) Nothing in this Article shall apply to any electric
line (being an electric line kept installed solely for the
purposes of a telecommunication system), except by way
of protection as in this Article provided.".
(4) In Article 52 (savings) for paragraphs (4) to (6) there shall be
substituted the following paragraphs :
" (4) Subject to paragraph (5), nothing in this Order or in
any instrument made thereunder shall affect any rights conferred
by or in accordance with the telecommunications code on the
operator of a telecommunications code system or authorise the
Service to alter or interfere with any telecommunication apparatus kept installed for the purposes of any such system.
(5) Where for the purposes of carrying out any construction
scheme or supply scheme the Service diverts or closes any road
or any part of a road under, in, upon, over, along or across
which there is kept installed for the purposes of a telecommunications code system any telecommunication apparatus, the
operator of that system shall have the same powers in respect
of that apparatus as if such road or part had not been diverted
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or closed.
(6) The Service, the Department or any person in whom the
site of the road or part of the road is vested shall, in connection
with the diversion or closure of any road or part of a road as
mentioned in paragraph (5), be entitled to require the alteration
of any telecommunication apparatus kept installed for the purposes of a telecommunications code system under, in, upon,
over, along or across the site of the road or part of the road.
(7) Paragraph 23 of the telecommunications code (which
provides a procedure for certain cases where works involve the