Telecommunications Act 1984

The Roads (Northern Ireland) Order 1980

77 (1) The [S.I. 1980/1085 (N.I. 11).] Roads (Northern Ireland) Order 1980 shall be amended in accordance with the following provisions of this paragraph.

(2) In Article 11(3)(c) (which relates to statutory provisions in relation to bridges for the benefit or protection of statutory undertakers), after the words " statutory undertakers " there shall be inserted the words " or the operator of a telecommunications code system ".

(3) In Article 15(1) (overriding effect of paragraphs 1 to 4 of Schedule 7), for the word " 4 " there shall be substituted the words " 4A ".

(4) In Article 42(2) (exemptions from requirement of consent), at the end there shall be inserted the words “or

(d) it is done in relation to a road which is not a special road by the operator of a telecommunications code system in pursuance of any right conferred by or in accordance with the telecommunications code.”.

(5) In Article 45(4) (restriction on placing rails etc, not to apply to works or apparatus belonging to a statutory undertaker), at the end there shall be inserted the words " or to any works executed or apparatus kept installed for the purposes of a telecommunications code system. ".

(6) For paragraphs 1 to 4 of Schedule 7 (savings for British Telecommunications) there shall be substituted the following paragraphs : —

“1 Subject to paragraph 2, nothing in this Order or in any order made under it shall affect any rights conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or apply to any telecommunication apparatus kept installed for the purposes of any such system.

2 Where in pursuance of an order under Article 40 any road is stopped up, diverted or abandoned and, immediately before that order comes into force there is under, in, upon, over, along or across the road any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of that apparatus as if the order had not come into force ; but the Department or any person in whom the site of the road is vested shall be entitled to require the alteration of the apparatus.

3 Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Department for the purposes of any work authorised to be carried out under this Order.

4 Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of paragraph 2 as it applies for the purposes of the code.

4A Paragraph 21 of the telecommunications code (restrictions on removal of apparatus) shall apply in relation to any entitlement conferred by paragraph 2 to require the alteration, moving or replacement of any apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.”.

(7) In relation to an order under Article 40 of the said Order of 1980 which comes into force before the appointed day, paragraphs 2 to 4 of the said Schedule 7 shall have effect, notwithstanding any repeal made by this Act, as they have effect immediately before the coming into force of sub-paragraph (6) above.