Telecommunications Act 1984
c. 12
190
ScM. 4
(5) In Article 45(4) (restriction on placing rails etc, not to apply to
works or apparatus belonging to a statutory undertaker), at the end
there shall be inserted the words " or to any works executed or
apparatus kept installed for the purposes of a telecommunications
code system.".
(6) For paragraphs 1 to 4 of Schedule 7 (savings for British Telecommunications) there shall be substituted the following para-
graphs:
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1. Subject to paragraph 2, nothing in this Order or in any
order made under it shall affect any rights conferred by or in
accordance with the telecommunications code on the operator
of a telecommunications code system or apply to any telecommunication apparatus kept installed for the purposes of any such
"
system.
2. Where in pursuance of an order under Article 40 any road
is stopped up, diverted or abandoned and, immediately before
that order comes into force there is under, in, upon, over, along
or across the road any telecommunication apparatus kept installed for the purposes of a telecommunications code system,
the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into force ,
but the Department or any person in whom the site of the road
is vested shall be entitled to require the alteration of the apparatus.
3. Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the
alteration of telecommunication apparatus) shall apply to the
Department for the purposes of any work authorised to be
carried out under this Order.
4. Paragraph 1(2) of the telecommunications code (alteration
of apparatus to include moving, removal or replacement of
apparatus) shall apply for the purposes of paragraph 2 as it
applies for the purposes of the code.
4A. Paragraph 21 of the telecommunications code (restrictions on removal of apparatus) shall apply in relation to any
entitlement conferred by paragraph 2 to require the alteration,
moving or replacement of any apparatus as it applies in relation
to an entitlement to require the removal of any such apparatus.".
(7) In relation to an order under Article 40 of the said Order of
1980 which comes into force before the appointed day, paragraphs 2
to 4 of the said Schedule 7 shall have effect, notwithstanding any repeal made by this Act, as they have effect immediately before the
coming into force of sub-paragraph (6) above.
1981 c. 38.
78.-(1)
The British Telecommunications Act 1981
In section 63(3) of the 1981 Act (activities requiring
consultation with the Secretary of State)(a) immediately before the definition of " the relevant period "
there shall be inserted the following definition :
outside persons' means persons other than the Post
Office, wholly owned subsidiaries of the Post Office,
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