British Telecommunications Act 1981

80 Amendment of the Telegraph Acts

(1) In section 3 of the [1863 c. 112.] Telegraph Act 1863 for the definition of "telegraph" there shall be substituted the following definition—

• “The term 'telegraph' means—

  (a)

  any wire, cable, tube, pipe or other thing whatsoever used or intended to be used for the purpose of transmitting telegraphic messages or maintaining telegraphic communication;

  (b)

  any casing, coating, tube, pipe or other thing whatsoever enclosing or intended to enclose anything falling within paragraph (a) of this definition ; and

  (c)

  any apparatus which is connected with any thing falling within the said paragraph (a) and is used or intended to be used for the purpose there mentioned.”

(2) For section 26 of the said Act of 1863 there shall be substituted the following section—

“26 Determination of objection by arbitration.

(1) After the receipt by British Telecommunications of such a notice of objection, either party may require the objection to be referred to an arbitrator to be appointed, in default of agreement, by the President of the Chartered Institute of Arbitrators ; and the reasonable expenses and remuneration of the arbitrator shall be paid by British Telecommunications.

(2) In the application of this section and sections 27 to 29 and 33 of this Act to Scotland, any reference to an arbitrator shall be construed as a reference to an arbiter.

(3) The Arbitration Act (Northern Ireland) 1937, except the provisions set out in Schedule 3 to that Act, shall apply in relation to any arbitration under this section or section 33 of this Act in Northern Ireland as if the arbitration were pursuant to an arbitration agreement and as if this Act were such an agreement, except in so far as that Act is inconsistent with this Act.”

(3) In consequence of subsection (2)—

(a) in section 24 of the said Act of 1863 the words " and send " onwards shall be omitted ;

(b) in sections 27 to 29 of that Act for the words " Board of Trade ", wherever occurring, there shall be substituted the word " arbitrator ";

(c) in section 33 of that Act for the words " the Board of Trade" there shall be substituted the words " an arbitrator to be appointed, in default of agreement, by the President of the Chartered Institute of Arbitrators ; and the reasonable expenses and remuneration of the arbitrator shall be paid by British Telecommunications "; and

(d) section 34 of that Act shall be omitted.

(4) Subsection (1) shall extend to the Isle of Man ; and, subject to subsection (5), subsections (2) and (3) shall come into operation on the appointed day.

(5) Nothing in subsections (2) and (3) shall affect the operations of sections 26 to 29 and 34 of the said Act of 1863 in relation to any hearing begun before the appointed day.