Telecommunications Act 1984
c. 12
in respect of the whole or any part of the apparatus
after the end of that period if before the end of that
period the operator of the system has given notice to
the Board or local highway authority of his intention
to remove the apparatus or that part of it, as the case
may be ;
(b) the operator of the system may by notice given in that
behalf to the Board or local highway authority not later
than the end of the said period of three months abandon the telecommunication apparatus or any part of it ;
(c) subject to paragraph (b) above, the operator of the system shall be deemed at the end of that period to have
abandoned any part of the apparatus which the operator has then neither removed nor given notice of his
intention to remove ;
(d) the operator of the system shall be entitled to recover
from the Board or local highway authority the expense
of providing, in substitution for the apparatus and any
other telecommunication apparatus connected with it
which is rendered useless in consequence of the removal or abandonment of the first mentioned apparatus, any telecommunication apparatus in such other
place as the operator may require ;
(e) where under the foregoing provisions of this sub-paragraph the operator of the system has abandoned the
whole or any part of any telecommunication apparatus,
that apparatus or that part of it shall vest in the Board
or local highway authority and shall be deemed, with
its abandonment, to cease to be kept installed for
the purposes of a telecommunications code system.
(2) Where the Secretary of State makes an order under paragraph 38 above in circumstances in which sub-paragraph (1)
above applies in relation to the operator of any telecommunications code system, the Secretary of State shall send a copy of
the order to the operator.".
(5) Where in any case a notice has been given before the appointed
day under paragraph 38(2) of the Schedule (notice of proposal to
extinguish right of way), paragraph 39 of the Schedule 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 subparagraph (4) above.
(6) In paragraph 44 (extinguishment of rights of way and rights
as to apparatus of statutory undertakers), for sub-paragraph (9)
there shall be substituted the following sub-paragraph :
" (9) Except in a case in which paragraph 39 above has effect(a) the reference in paragraph (a) of sub-paragraph (3) above
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
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179
Scn.4