Telecommunications Act 1984
c. 12
(b) any person entitled to land on which so much of the
watercourse, towing path or way as is diverted in
189
Scu. 4
pursuance of the order or scheme was previously situated,
shall be entitled to require the alteration of the apparatus.
(11) Sub-paragraph (8) of paragraph 23 of the telecommunica.
tions code (offence) shall be deemed to be omitted for the
purposes of the application by this section of that paragraph
to the Minister.
(12) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement
of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.
(13) Paragraph 21 of the telecommunications code (restriction
on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the
alteration, moving or replacement of any telecommunication
apparatus as it applies in relation to an entitlement to require
the removal of any such apparatus.".
(15) In relation(a) to a conveyance before the appointed day made in pursuance
1980 c. 66.
of section 256 of the Highways Act 1980, and
(b) to an order coming into force before the appointed day to
which subsection (2)(b), (4), (6), (7) or (10) of section 334
of that Act applies immediately before that day,
the said section 334 shall have effect, notwithstanding any repeal
made by this Act, as it has effect immediately before the coming into
force of sub-paragraph (14) above.
The Roads (Northern Ireland) Order 1980
S.I. 1980/1085
(1v.1. 11).
1980 shall be amended in accordance with the following provisions of this paragraph.
77.-(1) The Roads (Northern Ireland) Order
(2) In Article 11(3)(c) (which relates to statutory provisions in
relation to bridges for the benefit or protection of statutory undertakers), after the words " statutory undertakers " there shall be inserted the words " or the operator of a telecommunciations code
system ".
(3) In Article 15(1) (overriding effect of paragraphs 1 to 4 of
Schedule 7), for the word " 4 " there shall be substituted the words
"4A ".
(4) In Article 42(2) (exemptions from requirement of consent), at
the end there shall be inserted the words " or
(d) it is done in relation to a road which is not a special road
by the operator of a telecommunications code system in
pursuance of any right conferred by or in accordance with
the telecommunications code.".