Telecommunications Act 1984
c. 12
(4) Where in pursuance of an order made by a magistrates'
court under section 116 above a highway is stopped up or
diverted, the following provisions of this subsection have effect
in relation to so much of any telecommunication apparatus kept
installed for the purposes of a telecommunications code system
as is under, in, upon, over, along or across land which by
reason of the stopping up or diversion ceases to be a highway
('the affected apparatus')-
(a) the power of the operator of the system to remove the
affected apparatus is exercisable notwithstanding the
making of the order, so however that the said power is
not exercisable, as respects the whole or any part of
the affected apparatus, after the expiration of a period
of 3 months from the date of the sending of the notice
referred to in subsection (5) below unless before the
expiration o! that period the operator of the system has
given notice to the authority on whose application the
order was made of his intention to remove the affected
apparatus or that part of it, as the case may be ;
(b) the operator of the system may by notice in that behalf to the said authority abandon the affected apparatus or any part of it, and is to be deemed, as respects
the affected apparatus or any part of it, to have abandoned it at the expiration of the said period of 3
months unless before the expiration of that period he
has removed it or given notice of his intention to remove it ;
(c) the operator of the system is entitled to recover from
the said authority the expense of providing, in substitution for the affected apparatus and any telecommunication apparatus connected with it which is rendered
useless in consequence of the removal or abandonment
of the affected apparatus, any telecommunication apparatus in such other place as he may require ;
(d) where under paragraph (b) above the operator of the
system has abandoned the whole or any part of the
affected apparatus, it vests in the authority there referred to and shall be deemed, with its abandonment, to
cease to be kept installed for the purposes of a telecommunications code system.
(5) As soon. as practicable after the making of an order under
section 116 above in circumstances in which subsection (4) above
applies in relation to the operator of any telecommunications
code system the authority on whose application the order was
made shall by notice to the operator inform him of the making
of the order.
(6) Where an order under section 14 or 18 above provides
for the alteration of a highway and, immediately before the date
on which the order comes into force, there is under, in, upon,
over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code
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187
Sca.4