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PART IIProvision of Telecommunication Services

Acquisition etc. of land by public telecommunications operators

34Compulsory purchase of land in England and Wales

(1)Subject to subsection (2) below, the Secretary of State may authorise a public telecommunications operator to purchase compulsorily any land in England and Wales which is required by the operator for, or in connection with, the establishment or running of the operator's system or as to which it can reasonably be foreseen that it will be so required; and the [1981 c. 67.] Acquisition of Land Act 1981 shall apply to any compulsory purchase under this section as if the operator were a local authority within the meaning of that Act.

(2)No order shall be made authorising a compulsory purchase under this section except with the consent of the Director.

(3)The power of purchasing land compulsorily under this section includes power to acquire an easement or other right over land by the creation of a new right.

(4)The following provisions of the [1971 c. 78.] Town and Country Planning Act 1971 shall have effect in relation to land acquired compulsorily by a public telecommunications operator under this section as they have effect in relation to land acquired compulsorily by statutory undertakers under any other enactment, namely—

(a)section 128 (use and development of consecrated land and burial grounds);

(b)section 129 (use and development of land for open spaces); and

(c)sections 230 to 232 (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).

(5)Where a public telecommunications operator has acquired any land under this section, he shall not dispose of that land or of any interest or right in or over it except with the consent of the Director.