Telecommunications Act 1984
c. 12
alteration of telecommunication apparatus) shall apply to the
Service for the purposes of any works in connection with the
carrying out of a construction scheme or special scheme.
(8) Paragraph 1(2) of the telecommunications code (alteration
of apparatus to include moving, removal or replacement of
apparatus) shall apply for the purposes of this Article as it
applies for the purposes of that code.
(9) Paragraph 21 of the telecommunications code (restriction
on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by paragraph (6) to require
the alteration, moving or replacement or any telecommunication
apparatus as it applies in relation to an entitlement to require
the removal of any such apparatus.
(10) In paragraph (4), the reference to telecommunication
apparatus shall not include a reference to any telecommunication apparatus which is kept installed in a conduit or structure
falling within subsection (6)(a) of section 98 of the Telecommunications Act 1984 (by virtue of which telecommunication
apparatus may be installed in certain conduits etc.).".
(5) Where in any case a road or part of a road is closed or diverted
before the appointed day as mentioned in paragraph (5) of the
said Article 52, the said Article 52 shall have effect in relation
to that case, notwithstanding any repeal made by this Act, as it
has effect immediately before the coming into force of sub-paragraph
(4) above.
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(6) For Article 53 (protection of British Telecommunications) there
shall be substituted the following Article :
" 53.-(1) No alteration shall be made, except in pursuance of
the telecommunications code, by the Service to any telecommunication apparatus kept installed for the purposes of a telecommunications code system.
(2) The Service shall not in the exercise of any power conferred by this Order, lay down any electric line or do any other
work for the supply of electricity by which any telecommunication apparatus kept installed for the purposes of a telecommunications code system is or may be injuriously affected.
(3) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the
alteration of telecommunication apparatus) shall apply to the
Service for the purposes of works authorised by this Order.
(4) Paragraph 1(2) of the telecommunications code (alteration
of apparatus to include moving, removal or replacement of
apparatus) shall apply for the purposes of this Article as it
applies for the purposes of that code.
(5) In this Article, references to telecommunication apparatus
shall not include references to any telecommunication apparatus
which is kept installed in a conduit or structure falling within
subsection (6)(a) of section 98 of the Telecommunications Act
171
Scs.4