Telecommunications Act 1984
c. 12
(b) the operator of the system may by notice given in
that behalf to the corporation or 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), the operator of the system
shall be deemed at the end of that period to have abandoned any part of the apparatus which he 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 corporation or 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 preceding provisions of this subparagraph 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 corporation or authority and shall be deemed, with
its abandonment, to cease to be kept installed for the
purposes of a telecommunications code system.
(2) As soon as practicable after the making of an order
under paragraph 11 above extinguishing a public right of way
in circumstances in which sub-paragraph (1) above applies in
relation to the operator of any telecommunications code system,
the Secretary of State shall give notice to the operator of the
making of the order.".
(5) Where in any case a notice has been given before the
appointed day under paragraph 11(2) of the said Schedule 28 (notice
of proposal to extinguish right of way) paragraph 13 of the said
Schedule 28 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.
(6) In paragraph 14 (extinguishment of rights of way and rights
as to apparatus of statutory undertakers), for sub-paragraphs (7) and
(8) there shall be substituted the following sub-paragraph:
" (7) Except in a case in which paragraph 13 above has
-
effect-
(a) the reference in paragraph (a) of sub-paragraph (1) 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 con-
ferred by or in accordance with the telecommunications
code on the operator of a telecommunications code
system ; and
(b) the reference in paragraph (b) of that sub-paragraph to
apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their
183
Scx. 4