c. 12
40
PAR?
U
Telecommunications Act 1984
any interest or right in or over
it
except with the consent of the
Director.
Compulsory
purchase of
land in
thern
Ireland.
36.-(1) Where
a public telecommunications operator pro-
poses to acquire, otherwise than by agreement, any land in Nor-
them Ireland required by him for, or in connection with, the
establishment or running of his system or as to which it can
reasonably be foreseen that it will be so required, he may, with
the consent of the Director, apply to the Secretary of State
for an order vesting that land in him and the Secretary of State
shall have power to make such an order.
(2) The power of acquiring land compulsorily under this section shall include power to acquire, by the creation of a new
right, an easement or other right over land.
(3) Where a public telecommunications operator has acquired
any land under this section, he shall not dispose of it except with
the consent of the Director.
(4) For the purposes of the acquisition of land by means of a
vesting order under this section, Schedule 6 to the Local Govern(NI)
ment Act (Northern Ireland) 1972 and Schedule 8 to the Health
S.I. 1972/1265 and Personal Social Services (Northern Ireland) Order 1972 are
(N.I.14).
hereby incorporated in this Act subject to the modifications
specified in subsection (5) below.
1972 c. 9
(5) The said modifications are as follows(a) for any reference in the said Schedule 6 to a council
there shall be substituted a reference to the operator ;
(b) for any reference in either Schedule to the Department
there shall be substituted a reference to the Secretary of
State ;
(c) for any reference in either Schedule to the Act or Order
in question there shall be substituted a reference to
this Act ;
(d) in paragraph 6(2) of the said Schedule 6, for the words
from " the fund " onwards there shall be substituted the
words " funds of the operator (in this Schedule referred
to as `the compensation fund') and shall be discharged
by payments made by the operator " ; and
(e) in paragraph 12(2) of that Schedule for the words " the
clerk of the council " there shall be substituted the
words "such person as may be designated for the
purposes of this Schedule by the operator ".
(6) The enactments for the time being in force relating to the
assessment of compensation in respect of land vested in a district
council by an order made under Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall, subject to any necessary