Telecommunications Act 1984
c. 12
modifications, apply in relation to any land vested in a public
telecommunications operator by an order made under this section.
(7)
In this section " land " has the meaning assigned to it by
Interpretation Act (Northern Ireland)
section 45(1)(a) of the
1954.
41
PART
II
1954 c. 33
(Ni.).
37.-(1) A person nominated by a public telecommunications Entry, for
operator and duly authorised in writing by the Secretary of exploratory
nes, on
State may, at any reasonable time, enter upon and survey any
land in England and Wales, other than land covered by build- F,r, Jand and
ings or used as a garden or pleasure ground, for the purpose of wales.
ascertaining whether the land would be suitable for use by the
operator for, or in connection with, the establishment or running
of the operator's system.
d
(2) Sections 280(9) and 281(1) to (3) and (6) of the Town and 1971 c.
Country Planning Act 1971 (which contain supplementary provisions relating to the powers of entry conferred by section
280(1) to (8) thereof) shall have effect in relation to the power
conferred by this section as they have effect in relation to the
powers conferred by the said section 280, subject however to the
following modifications, namely(a) that section 280(9) (which relates to power to search and
bore for the purpose of ascertaining the nature of the
subsoil or the presence of minerals therein) shall so have
effect as if the words " or the presence of minerals
therein " were omitted ; and
(b) that section 281(1) (which requires twenty-four hours'
notice to be given of an intended entry upon occupied
land) shall so have effect as if for the words " twentyfour hours " there were substituted the words " twentyeight days ".
(3) Where, in an exercise of the power conferred by this sec.
tion, any damage is caused to land or to chattels, the operator
shall make good the damage or pay to every person interested
in the land or chattels compensation in respect of the damage ;
and where, in consequence of an exercise of that power, any
person is disturbed in his enjoyment of any land or chattels,
the operator shall pay to that person compensation in respect of
the disturbance.
(4) Section 179 of the said Act of 1971 (which provides for the
determination of disputes as to compensation under Part VIII
of that Act) shall apply to any question of disputed compensation under this section.
78.