Telecommunications Act 1984
c. 12
General adaptations of local enactments
197
SCH.'4
89.-(1) A provision to which this paragraph applies which refers
to the rights and powers of British Telecommunications under a
provision of any enactment relating to telegraphs shall have effect
with the substitution for that reference of a reference to any rights
conferred by or in accordance with the telecommunications code on
the operator of a telecommunications code system.
(2) A provision to which this paragraph applies that operates to
afford protection or confer a benefit on British Telecommunications
with reference
to-
(a) telegraphic lines of, or used" by, British Telecommunications
or such telegraphic lines of any description specified in
that provision, or
(b), accommodation for such telegraphic lines or telegraphic
lines of any such description, or
(c) communication by means of such telegraphic lines or telegraphic lines of any such description,
shall be construed in accordance with sub-paragraph (3) below.
if-
(3) That provision shall be construed as
(a) any application (whether or not with modifications) by that
provision of section 7 of the Telegraph Act 1878 (which 1878 c. 76.
before being repealed by this Act contained provision
broadly corresponding to paragraph 23 of the telecommunications code) in relation to any works carried out
by any person were an application (without modification)
of the said paragraph to that person for the purposes of
those works ; and
(b) subject to that, it in all respects (subject to the like incidents) afforded the like protection to, or conferred the like
benefit on, the operator of any telecommunications code
system in relation, as the case may be, to(i) telecommunication apparatus kept installed for the
purposes of a telecommunications code system or such
apparatus of the description in question, or
(ii) accommodation for such apparatus or such apparatus of that description, or
(iii) the service provided by any such system.
(4) The provisions to which this paragraph applies are those of a
local Act passed in the same Session as this Act, or in a previous
Session, those of an order confirmed by an Act so passed and those
of a scheme or order made before the passing of this Act under
any Act (whether public general or local).
(5) This paragraph shall not preclude the making, in relation to
any provision to which it applies, of any order under section 109(2) or
(3) of this Act which is capable, apart from the provisions of this
paragraph, of being made in relation to that provision ; and this paragraph shall not apply to any provision in relation to which such an
order is made, except to the extent provided for in the order.
H
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