186
c. 12
ScH. 4
Telecommunications Act 1984
(b) in subsection (8) (which provides that that section does not
apply to the apparatus of statutory undertakers), at the
end there shall be inserted the words " or to any apparatus
which the operator of a telecommunications code system
places, maintains, repairs or reinstates in or under the
highway in question in pursuance of a right conferred by or
in accordance with the telecommunications code." ; and
(c) in subsection (9) (meaning of statutory undertakers), for the
words from " include " onwards there shall be substituted
the words " except in subsection (8) above, include the
operator of a telecommunications code system ".
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(13) In section 329 (interpretation), after subsection (4) there shall
be inserted the following subsection :
" (4A) Any reference in this Act to apparatus belonging to,
or used or maintained by the operator of a telecommunications
code system shall have effect as a reference to telecommunication apparatus kept installed for the purposes of that system.".
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(14) For section 334 (savings for British Telecommunications) there
shall be substituted the following section:
" 334.--(1) Subject to the provisions of this section, nothing
in this Act or in any scheme or order made under it affects
any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that code or applies
to any telecommunication apparatus kept installed for the purposes of any such system ; but this subsection does not affect the
operation of sections 156 to 159 above.
(2) Where -(a) land is conveyed by a highway authority in pursuance of
section 256 above, or
(b) a highway is stopped up or diverted in pursuance of an
order to which this paragraph applies,
and immediately before the conveyance or, as the case may be,
at the beginning of the day on which the order comes into force
there is under, in, upon, over, along or across the land conveyed or, as the case may be, the highway stopped up or diverted any telecommunication apparatus kept installed for the
purposes of a telecommunications code system, then the provisions of subsection (3) below have effect.
Paragraph (b) above applies to the following orders, namely
an order made or confirmed by the Minister under section 14
or 18 above, a public path extinguishment order and a public
path diversion order.
(3) In the circumstances mentioned in subsection (2) above, the
operator of the telecommunications code system has the same
power in respect of the telecommunication apparatus as if the
conveyance had not been made or, as the case may be, the order
had not come into force ; but the transferee of the land or,
as the case may be, any person entitled to land over which the
stopped up or diverted highway subsisted shall be entitled to
require the alteration of the apparatus.