Telecommunications Act 1984
c. 12
177
with respect to a highway in pursuance
S
4
of an order under section 48 of that Act (as so applied)
to which subsection (2) below applies,
to the person doing that work or, as the case may be, the highway authority ; and in the case of any such order as is mentioned
in paragraph (b) above, any person entitled to land over which
the highway passes shall be entitled to require the alteration of
the telecommunication apparatus in question.
(2) This subsection applies to an order under the said section
48 where the order provides(a) for the stopping up or diversion of the highway ; or
(b) unless the highway is a trunk road, for the improvement
of the highway ;
and immediately before the order comes into operation any
telecommunication apparatus is kept installed for the purposes
of a telecommunications code system under, in, on, over, along
or across the highway.
(3) Subject to the preceding provisions of this section, the
operator of a telecommunications code system shall, in a case
falling within subsection (2)(a) above, have the same rights in
respect of any apparatus kept installed for the purposes of that
system as if the order had not come into operation.
(4) The said paragraph 23 shall not apply by virtue of subsection (2)(b) above in relation to the alteration of any telecommunication apparatus where the alteration is for the purpose of
authority's works as defined in Part II of the Public Utilities 1950 c. 39.
Street Works Act 1950.
(5) Sub-paragraph (8) of the said paragraph 23 (offence) shall
be deemed to be omitted for the purposes of the application by
this section of that paragraph to the Secretary of State.
(6) 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 the code.
(7) Paragraph 21 of the telecommunications code (restriction
on removal of 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
(b) of anything done
.
apparatus.".
(2) In relation to any such order as is mentioned in subsection
(1)(b) of section 20 of the said Act of 1975 coming into force before
the appointed day, that section shall have effect, notwithstanding any
repeal made by this Act, as it has effect immediately before the
coming into force of sub-paragraph (1) above.
1976
The Restrictive Trade Practices Act 1976
65. In section 41(1)(a) of the Restrictive Trade Practices Act 1976
(disclosure of information), after the words " the Director," there
c. 34.