Telecommunications Act 1984

(b) serve

c. 12

a copy of the order on the telecommunications op-

25

.

PART

II

erator.

Validity and

18.-(1) If the telecommunications operator is aggrieved bY a effect of orders.
final or provisional order and desires to question its validity on
the ground that the making or confirmation of it was not within
the powers of section 16 above or that any of the requirements
of section 17 above have not been complied with in relation to
it, he may within 42 days from the date of service on him of a
copy of the order make an application to the court under this
section.
(2) On any such application the court may, if satisfied that
the making or confirmation of the order was not within those
powers or that the interests of the telecommunications operator
have been substantially prejudiced by a failure to comply with
those requirements, quash the order or any provision of the order.
(3) Except as provided by this section, the validity of a final
or provisional order shall not be questioned by any legal
proceedings whatever.
(4) No criminal proceedings shall, by virtue of the making
of a final order or the making or confirmation of a provisional
order, lie against any person on the ground that he has committed, or aided, abetted, counselled or procured the commission
of, or conspired or attempted to commit, or incited others to
commit, any contravention of the order.
(5) The obligation to comply with a final or provisional order
is a duty owed to any person who may be affected by a contravention of it.
(6)

to any

Where a duty is owed by virtue of subsection (5) above

person-

breach of the duty which causes that person to sustain loss or damage ; and
(b) any act which, by inducing a breach of that duty or
interfering with its performance, causes that person to
sustain loss or damage and which is done wholly or
partly for the purpose of achieving that result,
shall be actionable at the suit or instance of that person.
(a) any

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