Telecommunications Act 1984

6(1)Section 26 of the [1882 c. 56.] Electric Lighting Act 1882 (provision for protection of British Telecommunications) shall be amended in accordance with the following provisions of this paragraph.

(2)For the words from the beginning to " by arbitration " there shall be substituted the following: —

The undertakers shall not make any alteration of any telecommunication apparatus kept installed for the purposes of a telecommunications code system except in accordance with the telecommunications code.

The undertakers shall not, in the exercise of the powers conferred by this Act, or by any licence, order, or special Act, lay down any electric fine or do any other work for the supply of electricity whereby any telecommunication apparatus kept installed for the purposes of a telecommunications code system is or may be injuriously affected.

Before any such electric fine is laid down or work (other than repairs) is done within ten yards of any such telecommunication apparatus, the undertakers or their agents shall, one month or (in the case of the laying of service fines to consumers' premises) seven clear days before commencing such work, give written notice to the operator of the telecommunications code system in question specifying the course and nature of the work, including the gauge of any electric lines.

The undertakers and their agents shall conform with such reasonable requirements, either general or special, as may from time to time be made by the operator of any telecommunications code system for the purpose of preventing any telecommunication apparatus kept installed for the purposes of that system from being injuriously affected by any work done within ten yards of that apparatus.

Any difference which arises between the operator of a telecommunications code system and the undertakers or their agents with respect to any of the requirements of the preceding pro visions of this section shall be determined by arbitration..

(3)For the words " telegraphic communication ", in the first place where they occur, there shall be substituted the words " service provided by the telecommunications code system in question ".

(4)For the words from " forthwith " to " done " there shall be substituted the words " forthwith served on the operator of the telecommunications code system in question ".

(5)For the words from " For the purposes of this section a telegraphic line " onwards there shall be substituted the following: —

For the purposes of this section telecommunication apparatus shall be deemed to be injuriously affected where the service provided by the telecommunication system for the purposes of which that apparatus is used is in any manner affected.

Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the undertakers for the purposes of any works authorised by this Act.

Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of this section as it applies for the purposes of that code.

The preceding provisions of this section shall not apply in relation to any telecommunication apparatus which is kept installed in a conduit or structure falling within subsection (6)(a) of section 98 of the Telecommunications Act 1984 (by virtue of which telecommunication apparatus may be installed in electricity conduits etc.)..