Telecommunications Act 1984
c. 12
192
Scx. 4
the end of that period of three months abandon the
telecommunication apparatus or any part of it ;
(c) subject to paragraph (b) above, the operator of the
system shall be deemed at the end of that period to
have abandoned any part of the apparatus which he has
then neither removed nor given notice of his intention
to remove ;
(d) the operator of the system shall be entitled to recover
from the corporation or authority the expenses of providing, in substitution for the apparatus and any other
telecommunication apparatus connected with it which
is rendered useless in consequence of the removal or
abandonment of the first-mentioned apparatus, any
telecommunication apparatus in such other place as the
operator may require ;
(e) where under the preceding provisions of this subsection
the operator of the system has abandoned the whole or
any part of any telecommunication apparatus, that
apparatus or that part of it shall vest in the corporation
or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of
a telecommunications code system.
,
(2) Where the Secretary of State makes an order under section
in circumstances in which subsection (1) above applies
in relation to the operator of any telecommunications code
system, the Secretary of State shall send a copy of the order
to the operator.".
23 above
(5) Where in any case a notice has been given before the appointed
day under section 23(2) of the said Act of 1981 (notice of proposal
to extinguish right of way), section 24 of that Act shall have effect
in relation to that case, notwithstanding any repeal made by this
Act, as it has effect immediately before the coming into force of
sub-paragraph (4) above.
(6) In section 26 (extinguishment of rights of way and rights as to
apparatus of statutory undertakers), for subsection (8) there shall be
substituted the following subsection :
-
" (8) Except in a case in which
section 24 above has effect(a) the reference in paragraph (a) of subsection (2) above
to a right vested in or belonging to statutory under-
takers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred
by or in accordance with the telecommunications code
on the operator of a telecommunications code system
;
and
(b) the reference in paragraph (b) of that subsection to
apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to telecommunication
apparatus kept installed for the purposes of any such
system
;