Telecommunications Act 1984
c. 12
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(3) For Article 81 of that Order (telegraphic lines) there shall be
substituted the following Article :
" 81.-(1) Where an order is made under Article 79 and
immediately before the date on which the order became operative
there was, under, in, on, over, along or across the right of way
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 that apparatus
as if the order had not become operative ; but the Department
shall be entitled to require the alteration of the apparatus.
(2) If the operator of a telecommunications code system removes any telecommunication apparatus in circumstances in
which paragraph (1) applies and serves a notice on the Department notifying the Department of the removal, the operator shall
be entitled to recover from the Department the expense of providing in substitution for the apparatus and any telecommunication apparatus connected therewith which is rendered useless in
consequence of the removal, any telecommunication apparatus
in such other place as the operator may require.
(3) 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 Article as it applies for the purpose of that code.
(4) Paragraph 21 of the telecommunications code (restriction
on removal of apparatus) shall apply in relation to any entitlement conferred by this Article 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
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Scx. 4
apparatus.".
(4) In relation to an order under Article 79 of that Order
which becomes operative before the appointed day, Article 81 of that
Order shall have effect, notwithstanding any repeal made by this Act,
as it has effect immediately before the coming into force of sub-paragraph (3) above.
(5) In paragraph 12(3) of Schedule 5 to that Order (saving for
functions of British Telecommunications), for the words from " functions " 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.".
The Fair Trading Act 1973
57.-(1) The Director General of Fair Trading shall consult with
the Director before publishing under section 124(1) of the 1973 Act
(publication of information and advice) any information or advice
which the Director has power to publish under section 48(1) of this
Act.
(2) Section 125(1) of the 1973 Act (annual and other reports) shall
not apply to activities of the Commission on which the Director is
required to report by section 55(1) of this Act.
1973 c. 41.