Channel Tunnel Act 1987

Part X U.K. Protection of Telecommunications Operators

1 (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the appropriate authority and a telecommunications operator, have effect for the protection of that operator. U.K.

(2) In this Part of this Schedule “telecommunications operator” means the operator of a telecommunications code system and “telecommunication apparatus”, “telecommunications code system” and “telecommunication system” have the same meanings as in Schedule 4 to the M1 Telecommunications Act 1984.

Marginal Citations

M1 1984 c. 12.

2 (1) Subject to sub-paragraph (2) below, any electrical works or equipment constructed, erected, laid, maintained, worked or used under this Act shall be so constructed, erected or laid and so maintained, worked and used, and Works Nos. 3, 4 and 5 (“the railway”) shall be so worked, that any electricity conveyed by, or used in, or in connection with, any such works or equipment, and the working of the railway, does not cause avoidable interference (whether by induction or otherwise) with any [F1 electronic communications apparatus] kept installed for the purposes of [F2 an electronic communications code network] or the service provided by such [F3 a network]. U.K.

(2) Sub-paragraph (1) above does not apply to any [F1 electronic communications apparatus] kept or installed for the purposes of [F2 an electronic communications code network] and installed in any part of the railway.

Textual Amendments

F1 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F2 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F3 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(f) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

3 (1) Where in pursuance of paragraph 16 of Schedule 2 to this Act the appropriate authority stop up and discontinue the whole or any part of any highway the following provisions of this paragraph shall have effect in relation to so much of any [F1 electronic communications apparatus] as is in the land which by reason of the stopping up ceases to be a highway or part thereof (in this paragraph referred to as “the affected apparatus”). U.K.

(2) The rights of [F4 the operator] of [F5 the electronic communications code network] for the purposes of which the apparatus is used to remove the affected apparatus shall be exercisable notwithstanding the stopping up, but those rights shall not be exercisable as respects the whole or any part of the affected apparatus after the expiration of a period of 28 days from the date of the service of the notice referred to in sub-paragraph (6) below unless, before the expiration of that period, the operator has given notice to the appropriate authority of its intention to remove the affected apparatus, or that part of it, as the case may be.

(3) The operator of [F5 the electronic communications code network] for the purposes of which the apparatus is used may, by notice in that behalf to the appropriate authority, abandon the affected apparatus, or any part of it, and shall be deemed, as respects the affected apparatus, or any part of it, to have abandoned it at the expiration of the said period of 28 days unless, before the expiration of that period, the operator has removed it or served notice of intention to remove it.

(4) The operator of [F5 the electronic communications code network] for the purposes of which the apparatus is used shall be entitled to recover from the appropriate authority the expense of providing, in substitution for the affected apparatus and any apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the affected apparatus, [F1 electronic communications apparatus] in such other place as the operator may reasonably require.

(5) Where under sub-paragraph (3) above the operator of [F5 the electronic communications code network] for the purposes of which the apparatus is used has abandoned the whole or any part of the affected apparatus, it shall vest in the appropriate authority and shall be deemed with its abandonment to cease to be kept installed for the purposes of [F2 an electronic communications code network].

(6) So soon as practicable after the whole or any part of a highway has been stopped up under paragraph 16 of Schedule 2 to this Act the appropriate authority shall serve notice of the stopping up on [F6 any operator of an electronic communications code network] which has notified the appropriate authority of its interest in the highway.

Textual Amendments

F1 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F2 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F4 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F5 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(g) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F6 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(e) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

4 U.K. The powers conferred by paragraph 15 of Schedule 2 to this Act shall, so far as reasonably practicable, be so exercised as not to obstruct or render less convenient the access to any [F1 electronic communications apparatus] kept installed for the purposes of [F2 an electronic communications code network].

Textual Amendments

F1 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F2 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

5 U.K. The exercise of the powers conferred by paragraph 22 of Schedule 2 to this Act in relation to a highway shall not affect the rights of the operator of [F2 an electronic communications code network], for the purposes of which the apparatus is used, to maintain, inspect, repair, renew or remove [F1 electronic communications apparatus] in the highway or to open or break up that highway for any of those purposes.

Textual Amendments

F1 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F2 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

6 (1) Subject to sub-paragraphs (2) and (3) below, if, by reason or in consequence of the construction of any of the works authorised by this Act or any subsidence resulting from any of those works, any damage to any [F1 electronic communications apparatus] kept installed for the purposes of [F2 an electronic communications code network] (other than apparatus the repair of which is not reasonably necessary in view of its intended removal), or any interruption in the service provided by [F7 that network], shall be caused, the appropriate authority shall bear and pay the cost reasonably incurred by [F4 the operator] of [F3 that network] in making good such damage or restoring that service and shall— U.K.

(a) make reasonable compensation to the operator for loss sustained by it; and

(b) indemnify the operator against claims, demands, proceedings, costs, damages and expenses which may be made, or taken against, or recovered from, or incurred by, the operator;

by reason or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) above shall impose any liability on the appropriate authority with respect to any damage or interruption affecting [F2 an electronic communications code network] to the extent that such damage or interruption is attributable to the act, neglect or default of the operator of [F3 that network], its officers, servants, contractors or agents.

(3) The operator shall give to the appropriate authority reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the appropriate authority.

Textual Amendments

F1 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F2 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F3 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(f) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F4 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F7 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

7 U.K. Any difference arising between the appropriate authority and [F6 any operator of an electronic communications code network] under this Part of this Schedule shall be determined by arbitration.

Textual Amendments

F6 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(e) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)