Telecommunications Act 1984
c. 12
contains supplementary provisions relating to the power of entry
conferred by subsection (1) of that section) shall have effect in
relation to the power conferred by this section as it has effect
in relation to the power conferred by the said subsection (1),
subject however to the following modifications, namely(a) that section 40(2) (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 40(3)(b) (which requires three days' notice
to be given of an intended entry upon occupied land)
shall so have effect as if for the word " three " there
were substituted the word " twenty-eight ".
43
PART
II
(3) Where, in an exercise of the power conferred by this
section, 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 31 of the said Act of 1965 (which provides for the
determination of disputes as to compensation under Part III of
that Act) shall apply to any question of disputed compensation
under this section.
40.-(l) For the purpose of the acquisition by agreement by Acquisition of
a public telecommunications operator of land in England and land by
Wales the provisions of Part I of the Compulsory Purchase Act agreement.
1965 (so far as applicable) other than sections 4 to 8, section 27 1965 c. 56.
and section 31 shall apply.
(2) For the purpose of the acquisition by agreement by a
public telecommunications operator of land in Scotland, section
109(2) of the Town and Country Planning (Scotland) Act 1972
(incorporation of Lands Clauses Acts) shall, with any necessary
modifications, apply for the purposes of this Act as it applies
for the purposes of that Act.
1972 c. 52.
(3) For the purpose of the acquisition by agreement by a
public telecommunications operator of land in Northern Ireland,
the Lands Clauses Acts shall be incorporated with this Act except
for sections 127 to 133 (sale of superfluous land) and sections
150 and 151 (access to the special Act) of the Lands Clauses 1845
Consolidation Act 1845.
c. 18.