Telecommunications Act 1984
c. 12
184
undertaking shall include a reference to telecommunication apparatus kept installed for the purposes of any
SCH 4
such system ;
and for the purposes of this sub-paragraph, in this paragraph
(except the said paragraphs (a) and (b)) and in paragraph 15
below, references to statutory undertakers shall have effect as
references to the operator of any such system and references to
the appropriate Minister shall have effect as references to the
Secretary of State for Trade and Industry.".
(7) In paragraph 16 (notice given by statutory undertakers), after
sub-paragraph (8) there shall be inserted the following sub-para-
graph:
-"
(9) In sub-paragraph (1)(a) above, the reference to apparatus
vested in or belonging to statutory undertakers shall include a
reference to telecommunication apparatus kept installed for the
purposes of a telecommunications code system ; and for the
purposes of this sub-paragraph, in this paragraph references
(except in the said sub-paragraph (1)(a)) to statutory undertakers
shall have effect as references to the operator of any such system and references to the appropriate Minister shall have effect
as references to the Secretary of State for Trade and Industry.".
1980 c. 66.
The Highways Act 1980
76.-(1) The Highways Act 1980 shall be amended in accordance
with the following provisions of this paragraph.
(2) In section 35 (creation of walkways by agreement)(a) in subsection (11)(c), for the words from "authorities" to
" place " there shall be substituted the words " authorities and the operators of telecommunications code systems to
place "; and
(b) in subsection (12), for the words from " authorities " to
" place " there shall be substituted the words " authorities
or the operators of telecommunications code systems to
place ".
(3) In section 115D (which limits the way in which certain powers
may be exercised), at the end there shall be inserted the words
" ; or
(d) as to prevent the operator of a telecommunications code
system having access to any telecommunication apparatus
kept installed for the purposes of that system under, in, on
or over the highway.".
(4) In section 142(5) (under which licences to plant trees may contain conditions for the protection of the apparatus of statutory
undertakers), for the words from " and ", in the fourth place where
it occurs, onwards there shall be substituted the words " and the
operators of telecommunications code systems ".
(5) In subsection (6) of section 144 (powers to erect flagpoles on
highways), in the definition of " statutory undertakers ", at the end
there shall be inserted the words " and the operator of a telecommunications code system ".