c. 12
182
Sex. 4
1978 c. 30.
Telecommunications Act 1984
(4) In section 36 of the Schedule, for paragraph (a) of the proviso
(works under that section not to interfere with telegraphic lines)
there shall be substituted the following paragraph :
"(a) any telecommunication apparatus kept installed for the
purposes of a telecommunications code system, except in
accordance with, and subject to the provisions of, the telecommunications code ; or ".
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(5) Without prejudice to section 20(2) of the Interpretation
Act
1978 (references to enactments), references in this paragraph to the
said Schedule 4 shall include references to that Schedule as in-
corporated or applied by or under any enactment.
1980 c. 65.
The Local Government, Planning and Land Act 1980
75.-(1) Schedule 28 to the Local Government, Planning and Land
Act 1980 shall be amended as follows.
(2) In paragraph 5(2) (under which provisions as to extinguishment of rights over land do not apply in relation to rights and apparatus of statutory undertakers), at the end there shall be inserted the
words " or to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code
system or to any telecommunication apparatus kept installed for the
purposes of any such system ".
(3) In paragraph 6(2) (under which the power to override easements etc. shall not be used to interfere with rights vested in, or
belonging to, statutory undertakers), at the end there shall be inserted
the words " or a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system ".
(4) For paragraph 13 (which contains provision with respect to telegraphic lines where a public right of way is extinguished under that
Schedule) there shall be substituted the following paragraph:
" 13.-(1) Where an order under paragraph 11 above extinguishing a public right of way is made on the application of
an urban development corporation or local highway authority,
and at the time of the publication of the notice required by
sub-paragraph (2) of that paragraph any telecommunication
apparatus was kept installed for the purposes of a telecommunications code system under, in, on, over, along or across the
land over which the right of way subsisted(a) the power of the operator of the system to remove the
apparatus shall, notwithstanding the making of the
order, be exercisable at any time not later than the
end of the period of three months from the date on
which the right of way is extinguished and shall be
exercisable 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 corporation or authority of his intention
to remove the apparatus or that part of it, as the
case may be ;
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