Opencast Coal Act 1958

45 Provision as to telegraphic lines

(1) Notwithstanding anything in Part I of this Act, none of the rights or powers conferred thereby or by any order made thereunder shall authorise any interference with any telegraphic line belonging to or used by the Postmaster General, or include any right or power to require such a line to be altered.

(2) Where an authorisation has been granted under section one of this Act, and, for the purpose of enabling any authorised operations to be carried out, the Board require an alteration to be made in any telegraphic line of the Postmaster General, the provisions of paragraphs (1) to (8) of section seven of the Telegraph Act, 1878 (which provides for the alteration of such telegraphic lines in the case of work proposed to be done in the execution of an undertaking authorised by an Act of Parliament), shall apply as if the authorised operations were (within the meaning of that section) work proposed to be done in the execution of an undertaking authorised by an Act of Parliament, if apart from this subsection those operations would not be taken to be work so proposed to be done.

(3) Where in pursuance of an order made under section three of the Acquisition of Land Act, as applied by section fifteen of this Act, a public right of way is suspended, and, immediately before the date on which that order became operative, there was under, in, upon, over, along or across the way to which the order relates a telegraphic line belonging to or used by the Postmaster General, the Postmaster General shall have the same powers in respect of that line as if the order had not become operative:

Provided that this subsection shall have effect without prejudice to the provisions of the last preceding subsection.

(4) In this section " telegraphic line " and " alter " have the same meanings as in the Telegraph Act, 1878.

(5) In the application of this section to Scotland, for the reference to the Acquisition of Land Act there shall be substituted a reference to the Scottish Acquisition of Land Act.