[F1209(1)Where in pursuance of an order under section 198, 198A F2 or 201 of this Act a [F3road] is stopped up, diverted or changed and immediately before the date on which the order became operative there was under, in, on, over, along or across the [F3road] 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 the telecommunication apparatus as if the order had not become operative; but any person entitled to land over which the [F3road] subsisted shall be entitled to require the alteration of the apparatus.
(2)Where any such order provides for the improvement of a [F4a road for which the Secretary of State is not the roads authority], and, immediately before the date on which the order became operative, there was under, in, on, over, along or across the [F3road] any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the local [F3roads] authority shall be entitled to require the alteration of the apparatus.
This subsection does not have effect so far as it relates to the alteration of any telecommunication apparatus for the purpose of authority’s works [F5within the meaning of Part IV of the New Roads and Street Works Act 1991].
(3)Where an order under section 199 of this Act authorising the stopping up or diversion of any footpath or bridle-way is made by a planning authority or an order under section 203(1)(b) of this Act extinguishing a public right of way is made by a planning authority and at the time of the publication of the notice required by section 206(4) of, and Schedule 18 to, this Act any telecommunication apparatus was kept installed for the purposes of a telecommunications code system under, in, on, over, along or across the land over which the right of way subsisted—
(a)the power of the operator of the system to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the footpath or bridle-way is stopped up or diverted or, as the case may be, the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the system has given notice to the authority which made the order of his intention to remove the apparatus or that part of it, as the case may be;
(b)the operator of the system may by notice given in that behalf to the authority which made the order not later than the end of the said period of three months abandon the telecommunication apparatus or any part of it;
(c)subject to paragraph (b) of this subsection, the operator of the system shall be deemed at the end of that period to have abandoned any part of the apparatus which the operator has then neither removed nor given notice of his intention to remove;
(d)the operator of the system shall be entitled to recover from the authority which made the order the expense of providing, in substitution for the apparatus and any other telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require;
(e)where under the preceding provisions of this subsection the operator of the system has abandoned the whole or any part of any telecommunication apparatus that apparatus or that part of it shall vest in the authority which made the order and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system.
(4)As soon as reasonably practicable after the making of any such order as is mentioned in subsection (3) above in circumstances in which that subsection applies in relation to the operator of any telecommunications code system, the authority which made the order shall give notice to the operator of the making of the order.
(5)Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.
(6)Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.]
Textual Amendments
F1S. 209 substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 110(2), Sch. 4 para. 54(8), Sch. 5 para. 45
F2Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 70(17)(a), Sch. 11 (with s. 128(1))
F3Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(17)(a) (with s. 128(1))
F4Words in s. 209(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59:B and 108:C), s. 168(1), Sch. 8 Pt. IV para. 104(a); S.I. 1991/2286, art. 2(2), Sch. 2
F5Words in s. 209(2) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59:B and 108:C), ss. 168(1), Sch. 8 Pt. IV para. 104(b); S.I. 1992/2990, art. 2(2), Sch. 2
Modifications etc. (not altering text)
C1S. 209(1)(2) extended by Civil Aviation Act 1982 (c. 16), s. 48(9)(b)