90

Telecommunications Act 1984

c. 12

PART

of a relevant telecommunication system, of any tele-

VII

communication apparatus.
(4) The Secretary of State may by order provide, in relation
to such cases, prohibitions or restrictions as are specified in the
order, or are of a description so specified, that subsection (1)
above shall not apply.

(5) This section applies to any lease for a term of a year or
more granted on or after the day on which this section comes
into force ; but the Secretary of State may by order provide that
this section shall apply, subject to such transitional provisions
as may be contained in the order, to leases granted before that
day.
(6) This section is without prejudice to paragraph 2(3) of the
telecommunications code.
(7)

In this sectionalteration " and

"

"

Contributions
by local
authorities
towards
provision of
facilities.

" telecommunication apparatus " have
the same meanings as in Schedule 2 to this Act ;
lease " includes any leasehold tenancy (whether in the
nature of a head lease, sub-lease or under lease) and
any agreement to grant such a tenancy, and cognate
expressions, and references to the grant of a lease, shall
be construed accordingly ;
relevant telecommunication system " means a public
telecommunication system or a telecommunication system specified for the purposes of this section in an order
made by the Secretary of State, or a telecommunication
system which is, or is to be, connected to a public
telecommunication system or to a system so specified.

97.-(1) Where a local authority consider that it would be
for the benefit of the whole or any part of their area thatadditional telecommunication facilities should be
provided ; or
(b) any existing telecommunication facilities should continue to be provided,
by a public telecommunications operator, whether within or
outside the area to be benefited, the authority may undertake to
pay to that operator any loss he may sustain by reason of the
provision or continued provision of those facilities.
(a) any

(2) In the application of this section to Scotland, nothing in
subsection (1) above shall authorise the giving of an undertaking
as respects the provision or continued provision of facilities outside the area to be benefited.

Select target paragraph3