Telecommunications Act 1984
c. 12
202
ScH. 5
(2) The express terms and conditions of a contract which, by
virtue of sub-paragraph (1) above, is deemed to have been made
shall be such of the following as are applicable, namely(a) the terms and conditions contained in the scheme ; and
(b) where a scheme is made under this paragraph, the terms and
conditions contained in the scheme so made.
(3) British Telecommunications may make, as respects any of the
services provided or apparatus supplied by it, a scheme for determining the terms and conditions which are to be incorporated in
the contracts which, by virtue of sub-paragraph (1)(a) above, are to
be deemed to have been made.
(4) Nothing in the 1981 Act shall be taken to limit or restrict
the provision which may be made by a scheme under this paragraph.
(5) A scheme made under this paragraph may(a) make different provision for different cases or classes of
cases determined by, or in accordance with, the provisions
of the scheme ; and
(b) revoke or amend any scheme made under section 21 of the
1981
Act.
(6) A scheme made under this paragraph shall be published in the
London, Edinburgh and Belfast Gazettes before the appointed day
and shall come into operation on that day ; and conclusive evidence
of a scheme so made may be given in all courts of justice and in
all legal proceedings whatever by the production of a copy of any
of those Gazettes purporting to contain it.
1977 c. 50,
(7) Terms and conditions incorporated in a contract by virtue of
sub-paragraph (2) above shall not be regarded, for the purposes of
section 29(1) of the Unfair Contract Terms Act 1977, as authorised
by necessary implication of this paragraph.
13. Nothing in this Act shall affect the operation of section 22 of
the 1981 Act in relation to any contract deemed to have been made
before the appointed day.
14. Nothing in this Act shall affect the operation of section 23
of the 1981 Act in relation to any loss or damage suffered by reason
of an act or omission taking place before the appointed day.
1974 c. 7.
15. Nothing in this Act shall affect the operation of section 35(2)
of the 1981 Act in relation to any order under section 19 of the
Local Government Act 1974 which applies in relation to hereditaments occupied by British Telecommunications and is effective on the
appointed day.
16. Subject
to paragraph 4 above and paragraph 26 below, nothing
in this Act shall affect the operation of any order made, or having
effect as if made, under section 37 of the 1981 Act which is effective
on the appointed day.