Telecommunications Act 1984
c. 12
pulsorily by ;statutory undertakers under any other enactment,
39
PART
II
namely-
section 128 (use and development of consecrated land
and burial grounds) ;
(b) section 129 (use and development of land for open
spaces) ; and
(c) sections 230 to 232 (extinguishment of rights of way, and
rights as to apparatus, of statutory undertakers).
(a)
(5) Where a public telecommunications operator has acquired
any land under this section, he shall not dispose of that land or of
any interest or right in or over it except with the consent of the
Director.
35.-(1) Subject to subsection (2) below, the Secretary of State Compulsory
may authorise a public telecommunications operator to purchase purchase of
Hand in
compulsorily any land in Scotland which is required. by the oper- Scotland.
ator for, or in connection with, the establishment or running of
the operator's system or as to which it can reasonably be foreseen that it will be so required ; and the Acquisition of Land 1947 c. 42.
(Authorisation Procedure) (Scotland) Act 1947 shall apply to any
compulsory purchase under this section as if the operator were
a local. authority within the meaning of that Act and as if this
section had been in force immediately before the commencement of that Act.
(2) No order shall be made authorising a compulsory purchase
under this section except with the consent of the Director.
(3) The power of purchasing land compulsorily under this section includes power to acquire a servitude or other right over
land by the creation of a new right.
(4) The following provisions of the Town and Country plan-1972 c.
ning (Scotland) Act 1972 shall have effect in relation to land
acquired compulsorily by a public telecommunications operator
under this section as they have effect in relation to land acquired
compulsorily by statutory undertakers under any other enact-
ment,
namely-
(a)
section 1.18
grounds) ;
(provisions as to churches and burial
section
of land for open
(c) sections
219 to 221 (extinguishment of rights of way,
as to apparatus, of statutory undertakers).
(b)
119 (use and development
spaces) ; and
and rights
(5) Where a public telecommunications operator has acquired
land under this section, he shall not dispose of that land or of
52.