Housing Act 1985

298 Telecommunication apparatus. E+W

(1) In this section—

(a) “the telecommunications code” means the code contained in Schedule 2 to the M1 Telecommunications Act 1984,

(b) “telecommunications code system” means a telecommunication system to which that code applies, and

(c) expressions which are defined for the purposes of that code by paragraph 1 of that Schedule, or are defined in that Act for the purposes of that Act, have the same meaning in this section.

(2) Where a public right of way over land is extinguished by an order under section 294 and immediately before the order comes into operation there is under, in, on, over, along or across the land telecommunication apparatus kept installed for the purposes of a telecommunications code system, the powers of the operator of the system in respect of the apparatus are not affected by the order, but any person entitled to the land over which the right of way subsisted may require the alteration of the apparatus, and paragraph 21 of the telecommunications code (procedure for exercise of right to require removal of apparatus) applies.

(3) Section 295(1) (extinguishment of other rights over land acquired for clearance and vesting of apparatus in local housing authority) does not apply to—

(a) any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system, or

(b) telecommunication apparatus kept installed for the purposes of such a system;

but the local housing authority may, where it is reasonably necessary for the purpose of enabling the authority to exercise any of the powers conferred on them by the provisions of this Act relating to clearance areas, execute works for the alteration of such apparatus, and paragraph 23 of the telecommunications code (procedure for works involving alteration of apparatus) applies.

Marginal Citations

M1 1984 c. 12.