Telecommunications Act 1984
c. 12
188
Sex. 4
1950 c. 39.
system, the highway authority shall be entitled to require the
alteration of the apparatus.
This subsection does not have effect so far as it relates to the
alteration of any telecommunication apparatus for the purposes
of the Public Utilities
of authority's works as defined in Part
Street Works Act 1950.
II
(7) Where in pursuance of an order under section 14 or 18
above a highway is stopped up or diverted, or an order under
either of those sections 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 system then, without
prejudice to subsections (2), (3) and (6) above, the provisions of
subsection (8) below have effect.
(8) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the
alteration of telecommunication apparatus) shall apply, for the
purposes of the construction or improvement of the trunk road,
special road or classified road, as the case may be, to which the
order relates and of any works authorised by the order, to the
Minister or other highway authority by whom the order in question was made.
(9) Without prejudice to the code in Part II of the Public
Utilities Street Works Act 1950 (relations between an authority
carrying out road alterations and undertakers whose apparatus
is thereby affected) the said paragraph 23 shall apply for the
purposes
of-
(a) any work authorised or required by an order under
section 93 above to be done by a highway authority or
the owners of a bridge,
(b) any work which a highway authority is authorised to
carry out under section 96 above, and
(c) any work authorised or required by a licence under
section 176 above to be done by the person to whom
the licence is granted,
to the authority or person authorised or required to carry out
the work.
(10) Where, in pursuance of any order or scheme made or
confirmed under this Act, a navigable watercourse is diverted
and, immediately before the date on which the order or scheme
comes into force, there is under, in, upon, over, along or across
the watercourse, or any towing path or other way adjacent to it,
any telecommunication apparatus kept installed for the purposes
of a telecommunications code system, the operator of that
system has the same powers in respect of that apparatus as if
the order or scheme had not come into force; but(a) the highway authority by whom the order or scheme
was made, or